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98 STAT. 2287

" 'National Archives of the United States' has the same meaning as in section 2901(11) of this title.". (3) Section 1502 of such title is amended by striking out "Administrator of General Services" each place it appears and inserting in lieu thereof "Archivist of the United States". (4) Section 1503 of such title is amended— (A) by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist of the United States"; (B) by striking out "General Services Administration" and inserting in lieu thereof "National Archives and Records Administration"; and (C) by striking out "Administrator" each place it appears and inserting in lieu thereof "Archivist". (5) Section 1506 of such title is amended by striking out the third sentence. (6) Section 1714 of such title is amended by striking out "General Services Administration" and inserting in lieu thereof "National Archives and Records Administration". (7) Sections 2204(c)(1) and 2205 of such title are amended by striking out "National Archives and Records Service of the General Services Administration" and inserting in lieu thereof "National Archives and Records Administration". (8) Section 2301 of such title is amended by striking out the second sentence thereof. (9) Section 2501 of such title is amended by striking out the last sentence thereof. (10) Section 2504 of such title is amended— (A) by striking out "Administrator of General Services" in the third sentence of subsection (a) and inserting in lieu thereof "Archivist of the United States"; (B) by inserting "and Records" after "Historical Publications" in the fourth sentence of such subsection; (C) by striking out "Administrator" in the fourth sentence of such subsection and inserting in lieu thereof "Archivist"; (D) by striking out "transmit to the Administrator" in the last sentence of such subsection and inserting in lieu thereof "transmit to the President and the Congress"; and (E) by striking out "General Services Administration" in subsection (b) and inserting in lieu thereof "National Archives and Records Administration". (11) Section 2506 of such title is amended— (A) by striking out "Administrator of General Services" in subsection (a) and inserting in lieu thereof "Archivist of the United States"; and (B) by striking out "Administrator" in subsection (b) and inserting in lieu thereof "Archivist". (12XA) Section 2507 of such title is repealed. (B) The table of sections for chapter 25 of such title is amended by striking out the item relating to section 2507. (13) Section 2901 of such title is amended— (A) by striking out "27," in the matter preceding paragraph (1); (B) by inserting before the semicolon at the end of paragraph (2) the following: "in order to achieve adequate and proper documentation of the policies and transactions of the Federal Government and effective and economical management of agency operations";

44 USC 1502. 44 USC 1503.

44 USC 1506. 44 USC 1714. 44 USC 2204, 2205. 44 USC 2301. 44 USC 2501. 44 USC 2504. ^'^ Stat. 1323.

44 USC 2506.

Repeal. 44 USC 2507. 44 USC 2901.

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 98 STAT. 2288

44 USC 2902. 44 USC 2903, 2907 44 USC 2905, 2908, 2909. 44 USC 2904.

PUBLIC LAW 98-497—OCT. 19, 1984

(C) by striking out "Administrator" each place it appears in paragraphs (6), (9), and (11) and inserting in Heu thereof "Archivist"; and (D) by striking out paragraphs (12) and (13) and inserting in Heu thereof the following: "(12) the term 'Archivist' means the Archivist of the United States; "(13) the term 'executive agency' shall have the meaning given such term by section 3(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(a)); "(14) the term 'Federal agency' means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Supreme Court, the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol); and "(15) the term 'Administrator' means the Administrator of General Services.". (14) Section 2902(7) of such title is amended by inserting "or the Archivist" after "Administrator". (15)(A) Sections 2903 and 2907 of such title are amended by striking o u t " A d m i n i s t r a to r " each place it a p p e a r s and inserting in lieu thereof "Archivist". (B) Sections 2905, 2908, and 2909 of such title a r e amended by striking o u t " A d m i n i s t r a to r of G e n e r a l Services" each place it a p p e a r s and inserting in lieu thereof "Archivist". (16) Section 2904 of such title is amended to read a s follows: " § 2904. G e n e r a l responsibilities for r e c o r d s m a n a g e m e n t

studies.

"(a) The Archivist shall provide guidance and assistance to Federal agencies w i t h respect to e n s u r i n g a d e q u a t e and proper d o c u m e n t a t i o n of the policies and t r a n s a c t i o n s of the Federal Government and e n s u r i n g proper records disposition. "(b) The A d m i n i s t r a to r shall provide guidance and assistance to Federal agencies to e n s u r e economical and effective records managem e n t by such agencies. "(c) In c a r r y i n g o u t the i r responsibilities under subsection (a) or Ob), respectively, the Archivist and the A d m i n i s t r a to r shall each h a v e the responsibility— "(1) to p r o m u l g a t e standard s, procedures, and guidelines w i t h respect to records m a n a g e m e n t and the conduct of records m a n a g e m e n t studies; "(2) to conduct r e s e a r c h w i t h respect to the improvement of records m a n a g e m e n t practices and programs; "(3) to collect and disseminate information on t r a i n i n g program s, technological developments, and other activities relating to records m a n a g e m e n t; "(4) to establish such interagency committees and boards a s may b e necessary to provide a n exchange of information among Federal agencies w i t h respect to records m a n a g e m e n t; "(5) to direct the continuing a t t e n t i o n of Federal agencies and the Congress on the need for a d e q u a t e policies governing records m a n a g e m e h t; "(6) to conduct records m a n a g e r h e n t studies and, in his discretion, designate the h e a d s of executive agencies to conduct records m a n a g e m e n t studies w i t h respect to establishing sys-

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98 STAT. 2289

terns and techniques designed to save time and effort in records management; "(7) to conduct inspections or surveys of the records and the records management programs and practices within and between Federal agencies; "(8) to report to the appropriate oversight and appropriations committees of the Congress and to the Director of the Office of Management and Budget in January of each year and at such other times as the Archivist or the Administrator (as the case may be) deems desirable— "(A) on the results of activities conducted pursuant to paragraphs (1) through (7) of this section, "(B) on evaluations of responses by Federal agencies to any recommendations resulting from inspections or studies conducted under paragraphs (6) and (7) of this section, and "(C) to the extent practicable, estimates of costs to the Federal Government resulting from the failure of agencies to implement such recommendations. "(d) In addition, the Administrator, in carrying out subsection (b), shall have the responsibility to promote economy and efficiency in the selection and utilization of space, staff, equipment, and supplies for records management.". (17) Section 2906 of such title is amended to read as follows: "§ 2906. Inspection of agency records "(a)(1) In carrying out their respective duties and responsibilities under this chapter, the Administrator of General Services and the Archivist (or the designee of either) may inspect the records or the records management practices and programs of any Federal agency solely for the purpose of rendering recommendations for the improvement of records management practices and programs. Officers and employees of such agencies shall cooperate fully in such inspections, subject to the provisions of paragraphs (2) and (3) of this subsection. "(2) Records, the use of which is restricted by law or for reasons of national security or the public interest, shall be inspected, in accordance with regulations promulgated by the Administrator and the Archivist, subject to the approval of the head of the agency concerned or of the President. The regulations promulgated by the Administrator and the Archivist under this paragraph shall, to the extent practicable, be identical. "(3) If the Administrator or the Archivist (or the designee of either) inspects a record, as provided in this subsection, which is contained in a system of records which is subject to section 552a of title 5, such record shall be— "(A) maintained by the Administrator, the Archivist, or such designee as a record contained in a system of records; or "(B) deemed to be a record contained in a system of records for purposes of subsections (b), (c), and (i) of section 552a of title 5. "(b) In conducting the inspection of agency records provided for in subsection (a) of this section, the Administrator and the Archivist (or the designee of either) shall, in addition to complying with the provisions of law cited in subsection (a)(3), comply with all other Federal laws and be subject to the sanctions provided therein.". (18)(A) The heading of chapter 29 of title 44, United States Code, is amended to read as follows:

Report,

44 USC 2906.

Regulations.

5 USC 552a.

44 USC prec. 2901.

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 98 STAT. 2290

PUBLIC LAW 98-497—OCT. 19, 1984

"CHAPTER 29—RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES AND BY THE ADMINISTRATOR OF GENERAL SERVICES". (B) The item relating to chapter 29 in the table of chapters for title 44, United States Code, is amended to read as follows: "29. Records Management by the Archivist of the United States and by the Administrator of General Services 2901".

44 USC 3102.

(19) Section 3102 of such title is amended— (A) by inserting "and the Archivist" after "Administrator of General Services" in paragraph (2); (B) by striking out "sections 2101-2113" and inserting in lieu thereof "sections 2101-2117"; and (C) by striking out "2701,". 44 USC 3103. (20) Section 3103 of such title is amended by striking out "Administrator" each place it appears and inserting in lieu thereof "Archivist". 44 USC 3104, (21) Sections 3104 and 3106 of such title are amended— 3106. (A) by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist"; and (B) by striking out "Administrator" each place it appears and inserting in lieu thereof "Archivist". 44 USC 3105. (22) Section 3105 of such title is amended by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist". 44 USC 3302, (23) Sections 3302, 3303, 3308, and 3311 of such title are amended 3303, 3308, 3311. by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist". 44 USC 3303a, (24) Sections 3303a and 3310 of such title are amended— 3310. (A) by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist"; and (B) by striking out "Administrator" each place it appears and inserting in lieu thereof "Archivist". 44 USC 3803. (25)(A) The heading of section 3303 of such title is amended to read as follows:

44 USC 3303a.

44 USC 3311.

"§3303. Lists and schedules of records to be submitted to the Archivist by head of each Government agency". (B) The heading of section 3303a of such title is amended to read as follows: "§ 3303a. Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records". (C) The heading of section 3311 of such title is amended to read as follows: "§3311. Destruction of records outside continental United States in time of war or when hostile action seems imminent; written report to Archivist". (D) The table of sections for chapter 33 of such title is amended by striking out "Administrator of General Services" in the items pertaining to sections 3303, 3303a, and 3311 and inserting in lieu thereof "Archivist".

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98 STAT. 2291

(26) Section 3504(e) of such title is amended by inserting "the 44 USC 3504. Archivist of the United States and" before "the Administrator of General Services" each place it appears in paragraphs (1) and (2). (27) Section 3513 of such title is amended by inserting "and the 44 USC 3513. Archivist of the United States" after "Administrator of General Services". (c)(1) Section 101 of the Presidential Recordings and Materials Preservation Act is amended— 44 USC 2111 (A) by striking out "section 2107" each place it appears and ^°^^inserting in lieu thereof "section 2111"; (B) by striking out "Administrator of General Services (hereinafter in this title referred to as the 'Administrator')" and inserting in lieu thereof "Archivist of the United States (hereinafter referred to as the 'Archivist')"; and (C) by striking out "Administrator" and inserting in lieu thereof "Archivist". (2) Section 102 of such Act is amended— 44 USC 2111 (A) by striking out "section 2107" and inserting in lieu thereof note. "section 2111", and (B) by striking out "Administrator" each place it appears and inserting in lieu thereof "Archivist". (3) Section 103 of such Act is amended by striking out "Adminis- 44 USC 2111 trator" and inserting in lieu thereof "Archivist". "°*® (4) Section 104 of such Act is amended— 44 USC 2111 (A) by striking out "Administrator" each place it appears and "ote. inserting in lieu thereof "Archivist"; and (B) by striking out subsection (b) and inserting in lieu thereof the following: "(b) The regulations proposed by the Archivist in the report Regulations. required by subsection (a) shall not take effect until the expiration of the first period of 60 calendar days of continuous session of the Congress after the date of the submission of such regulations to each House of the Congress. For the purposes of this subsection, continuity of session is broken only by an adjournment of Congress sine die, but the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded.". (d) Sections 106a, 106b, 112, 113, and 201 of title 1, United States Code, are amended by striking out "Administrator of General Services" and "General Services Administration" each place they appear and inserting in lieu thereof "Archivist of the United States" and "National Archives and Records Administration", respectively. (e)(1) Sections 6 and 11 through 13 of title 3, United States Code, are amended by striking out "Administrator of General Services" and "General Services Administration" each place they appear and inserting in lieu thereof "Archivist of the United States," and "National Archives and Records Administration", respectively. (2)(A) The heading of section 6 of such title is amended to read as 3 USC 6. follows: United States and to Congress; public inspection". (B) The heading of section 12 of such title is amended to read as follows:
 * §6. Credentials of electors; transmission to Archivist of the

3 USC 12.

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 98 STAT. 2292

PUBLIC LAW 98-497—OCT. 19, 1984

"§12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate". 3 USC 1 et seq. (3) The table of sections for chapter 1 of such title is amended by striking out "Administrator of General Services" in the items pertaining to sections 6 and 12 and inserting in lieu thereof "Archivist of the United States". (f) Sections 141 through 145 of title 4, United States Code, are amended by striking out "Administrator of General Services", "Administrator", and "General Services Administration" each place they appear and inserting in lieu thereof "Archivist of the United States", "Archivist", and "National Archives and Records Administration", respectively. (g) Section 552a of title 5, United States Code, is amended— (1) by striking out subsection (b)(6) and inserting in lieu thereof the following: "(6) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value;"; and (2) by striking out "Administrator of General Services" each place it appears in subsection (1)(1) and inserting in lieu thereof "Archivist of the United States". (h) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following: "Archivist of the United States.". (i) Section 4(5) of the Act of October 25, 1951 (25 U.S.C. 199a) is amended by striking out "Administrator of General Services" each place it appears and inserting in lieu thereof "Archivist of the United States". DEFINITIONS

44 USC 2102 "ote Ante, p. 2280. Ante, p. 2280.

SEC. 108. For purposes of sections 103 through 106— (1) the term "Archivist" means the Archivist of the United States appointed under section 2103 of title 44, United States Code, as added by section 102(a)(2) of this Act; (2) the term "Administration" means the National Archives and Records Administration established under section 2102 of such title (as amended by section 101 of this Act); and (3) the term "function" includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. TITLE II—ADMINISTRATIVE PROVISIONS COPYING AND AUTHENTICATING CHARGES

Ante, p. 2280.

SEC. 201. Section 2116(c) of title 44, United States Code (as redesignated by section 102(a)), is amended to read as follows: "(c) The Archivist may charge a fee set to recover the costs for making or authenticating copies or reproductions of materials transferred to his custody. Such fee shall be fixed by the Archivist at a level which will recover, so far as practicable, all elements of such costs, and may, in the Archivist's discretion, include increments for the estimated replacement cost of equipment. Such fees shall be paid into, administered, and expended as a part of the National

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98 STAT. 2293

Archives Trust Fund. The Archivist may not charge for making or authenticating copies or reproductions of materials for official use by the United States Government unless appropriations available to the Archivist for this purpose are insufficient to cover the cost of performing the work.". NATIONAL ARCHIVES TRUST FUND BOARD

SEC. 202. (a) Chapter 23 of title 44, United States Code, is amended by striking out sections 2302 through 2305 and inserting in lieu thereof the following: "§ 2302. Authority of the Board; seal; services; bylaws; rules; regulations; employees "In carrying out the purposes of this chapter, the Board— "(1) may adopt an official seal, which shall be judicially noticed; "(2) may utilize on a reimbursable basis the services and personnel of the National Archives and Records Administration necessary (as determined by the Archivist) to assist the Board in the administration of the trust fund, and in the preparation and publication of special works and collections of sources and preparation, duplication, editing, and release of historical photographic materials and sound recordings, and may utilize on a reimbursable basis the services and personnel of other Federal agencies for such purposes; "(3) may adopt bylaws, rules, and regulations necessary for the administration of its functions under this chapter; and "(4) may, subject to the laws and regulations governing appointments in the civil service, appoint and fix the compensation of such personnel as may be necessary to carry out its functions.

44 USC 2302.

"§2303. Powers and obligations of the Board; liability of members "Except as otherwise provided by this chapter, the Board shall have all the usual powers and obligations of a trustee with respect to property and funds administered by it, but the members of the Board are not personally liable, except for malfeasance.

44 USC 2303.

"§2304. Compensation of members; availability of trust funds for expenses of the Board "Compensation may not be paid to the members of the Board for their services as members. Costs incurred by the Board in carrying out its duties under this chapter, including the obligations necessarily incurred by the members of the Board in the performance of their duties and the compensation of persons employed by the Board, shall be paid by the Archivist of the United States from trust funds available to the Board for this purpose. The Board, by resolution, may authorize the transfer of funds (including the principal or interest of a gift or bequest) to the National Archives and Records Administration to be expended on an archival or records activity approved by the Board or to accomplish the purpose of a gift or bequest.

44 USC 2304.

"§ 2305. Acceptance of gifts "The Board may solicit and accept gifts or bequests of money, securities, or other personal property, for the benefit of or in connec-

44 USC 2305.

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 98 STAT. 2294

PUBLIC LAW 98-497—OCT. 19, 1984

tion with the national archival and records activities administered by the National Archives and Records Administration. Moneys that are for deposit into the trust fund shall be deposited within 10 working days of the receipt thereof.". (b) Section 2307 of title 44, United States Code, is amended to read as follows: "§2307. Trust fund account; disbursements; sales of publications and releases "The income from trust funds held by the Board and the proceeds from the sale of securities and other personal property, as and when collected, shall be covered into the Treasury of the United States in a trust fund account to be known as the National Archives Trust Fund, subject to disbursement on the basis of certified vouchers of the Archivist of the United States (or his designee) for activities approved by the Board and in the interest of the national archival and records activities administered by the National Archives and Records Administration, including but not restricted to the preparation and publication of special works, and collections of sources and the preparation, duplication, editing, and release of historical photographic materials and sound recordings. The Archivist may sell publications and releases authorized by this section and paid for out of the income derived from trust funds at a price which will cover their cost, plus 10 percent, and moneys received from these sales shall be paid into, administered, and expended as part of the National Archives Trust Fund.". (c) The table of sections for chapter 23 of title 44, United States Code, is amended by striking out the item pertaining to section 2302 and inserting in lieu thereof the following: "2302. Authority of the Board; seal; services; bylaws; rules; regulations; employees.". SECURITY OF RECORDS

SEC. 203. (a) Section 2905(a) of title 44, United States Code, is amended by adding at the end thereof the following new sentence: "In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.". (b) Section 3106 of title 44, United States Code, is amended by adding at the end thereof the following new sentence: "In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.". PUBLIC NOTICE Federal Register, publication.

SEC. 204. Section 3303a(a) of title 44, United States Code, is amended by inserting ", after publication of notice in the Federal Register and an opportunity for interested persons to submit comment thereon" immediately after "may" in the second sentence thereof.

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98 STAT. 2295

TITLE III-GENERAL PROVISIONS EFFECTIVE DATE

SEC. 301. The provisions of this Act (including the amendments made by this Act) shall be effective on April 1, 1985.

44 USC 2102 ^°^-

, SPENDING AUTHORITY

SEC. 302. Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974) which is provided under this Act shall be effective for any fiscal year only to the extent or in such amounts as provided in appropriations Acts. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 905 (H.R. 3987): HOUSE REPORTS: No. 98-1124 (Comm. of Conference) and No. 98-707 accompanying H.R. 8987 (Comm. on Government Operations). SENATE REPORT No. 98-373 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): June 21, considered and passed Senate. Aug. 2, H.R. 3987 considered and passed House; S. 905, amended, passed in lieu. Oct. 3, Senate agreed to conference report. Oct. 4, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 19, Presidential statement.

44 USC 2102 o^usrfi'^i

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 98 STAT. 2296

PUBLIC LAW 98-498—OCT. 19, 1984

Public Law 98-498 98th Congress An Act Oct. 19, 1984 [S. 1102]

To provide authorization of appropriations for title III of the Marine Protection, Research, and Sanctuaries Act of 1972, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Marine

TITLE I—MARINE SANCTUARIES

Sanctuaries

1984"'*"'^"*'^°^ 16 USC 1431 note.

SEC. 101. This title may be cited as the "Marine Sanctuaries Amendments of 1984". SEC. 102. Title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.) is amended to read as follows: "TITLE III—NATIONAL MARINE SANCTUARIES

16 USC 1431.

"SEC. 301. FINDINGS, PURPOSES, AND POLICIES.

"(a) FINDINGS.—The Congress finds that ' l l) this Nation historically has recognized the importance of protecting special areas of its public domain, but these efforts have been directed almost exclusively to land areas above the high-water mark; "(2) certain areas of the marine environment possess conservation, recreational, ecological, historical, research, educational, or esthetic qualities which give them special national significance; "(3) while the need to control the effects of particular activities has led to enactment of resource-specific legislation, these laws cannot in all cases provide a coordinated and comprehensive approach to the conservation and management of special areas of the marine environment; "(4) a Federal program which identifies special areas of the marine environment will contribute positively to marine resources conservation and management; and "(5) such a Federal program will also serve to enhance public awareness, understanding, appreciation, and wise use of the marine environment. "(b) PURPOSES AND POLICIES.—The purposes and policies of this title are— "(1) to identify areas of the marine environment of special national significance due to their resource or human-use values; "(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas that will complement existing regulatory authorities; "(3) to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas; "(4) to enhance public awareness, understanding, appreciation, and wise use of the marine environment; and

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98 STAT. 2297

"(5) to facilitate, to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities. "SEC. 302. DEFINITIONS.

16 USC 1432.

"As used in this title, the term— "(1) 'draft management plan' means the plan described in section 304(a)(1)(E); "(2) 'Magnuson Act' means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); "(3) 'marine environment' means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, consistent with international law; "(4) 'Secretary' means the Secretary of Commerce; and "(5) 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other commonwealth, territory, or possession of the United States. "SEC. 303. SANCTUARY DESIGNATION STANDARDS.

"(a) STANDARDS.—The Secretary may designate any discrete area of the marine environment as a national marine sanctuary and promulgate regulations implementing the designation if the Secretary— "(1) determines that the designation will fulfill the purposes and policies of this title; and "(2) finds that— "(A) the area is of special national significance due to its resource or human-use values; "(B) existing State and Federal authorities are inadequate to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; "(C) designation of the area as a national marine sanctuary, will facilitate the objectives in subparagraph (B); and "(D) the area is of a size and nature that will permit comprehensive and coordinated conservation and management. "(b) FACTORS AND CONSULTATIONS REQUIRED IN MAKING DETERMINATIONS AND FINDINGS.—

"(1) FACTORS.—For purposes of determining if an area of the marine environment meets the standards set forth in subsection (a), the Secretary shall consider— "(A) the area's natural resource and ecological qualities, including its contribution to biological productivity, maintenance of ecosystem structure, maintenance of ecologically or commercially important or threatened species or species assemblages, and the biogeographic representation of the site; "(B) the area's historical, cultural, archaeological, or paleontological significance; "(C) the present and potential uses of the area that depend on maintenance of the area's resources, including commercial and recreational fishing, subsistence uses.

16 USC 1433.

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 98 STAT. 2298

PUBLIC LAW 98-498—OCT. 19, 1984 other commercial and recreational activities, and research and education; "(D) the present and potential activities that may adversely affect the factors identified in subparagraphs (A), (B),and(C); "(E) the existing State and Federal regulatory and management authorities applicable to the area and the adequacy of those authorities to fulfill the purposes and policies of this title; "(F) the manageability of the area, including such factors as its size, its ability to be identified as a discrete ecological unit with definable boundaries, its accessibility, and its suitability for monitoring and enforcement activities; "(G) the public benefits to be derived from sanctuary status, with emphasis on the benefits of long-term protection of nationally significant resources, vital habitats, and resources which generate tourism; "(H) the negative impacts produced by management restrictions on income-generating activities such as living and nonliving resources development; and "(I) the socioeconomic effects of sanctuary designation. "(2) CONSULTATION.—In making determinations and findings, the Secretary shall consult with— "(A) the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; "(B) the Secretaries of State, Defense, Transportation, and the Interior, the Administrator, and the heads of other interested Federal agencies; "(C) the responsible officials or relevant agency heads of the appropriate State and local government entities, including coastal zone management agencies, that will or are likely to be affected by the establishment of the area as a national marine sanctuary; "(D) the appropriate officials of any Regional Fishery Management Council established by section 302 of the Magnuson Act (16 U.S.C. 1852) that may be affected by the proposed designation; and "(E) other interested persons. "(3) RESOURCE ASSESSMENT REPORT.—In making determinations and findings, the Secretary shall draft, as part of the environmental impact statement referred to in section 304(a)(1), a resource assessment report documenting present and potential uses of the area, including commercial and recreational fishing, research and education, minerals and energy development, subsistence uses, and other commercial or recreational uses. The Secretary, in consultation with the Secretary of the Interior, shall draft a resource assessment section for the report regarding any commercial or recreational resource uses in the area under consideration that are subject to the primary jurisdiction of the Department of the Interior.

16 USC 1434.

"SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. "(a) SANCTUARY PROPOSAL.—

"(1) NOTICE.—In proposing to designate a national marine sanctuary, the Secretary shall—

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 PUBLIC LAW 98-498—OCT. 19, 1984

98 STAT. 2299

"(A) issue, in the Federal Register, a notice of the proposal, proposed regulations that may be necessary and reasonable to implement the proposal, and a summary of the draft management plan; "(B) provide notice of the proposal in newspapers of general circulation or electronic media in the communities that may be affected by the proposal; and "(C) on the same day the notice required by subparagraph (A) is issued, the Secretary shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a prospectus on the proposal which shall contain— "(i) the terms of the proposed designation; "(ii) the basis of the findings made under section 303(a) with respect to the area; "(iii) an assessment of the considerations under section 303(b)(1); "(iv) proposed mechanisms to coordinate existing regulatory and management authorities within the area; "(v) the draft management plan detailing the proposed goals and objectives, management responsibilities, resource studies, interpretive and educational programs, and enforcement, including surveillance activities for the area; "(vi) an estimate of the annual cost of the proposed designation, including costs of personnel, equipment and facilities, enforcement, research, and public education; "(vii) the draft environmental impact statement; "(viii) an evaluation of the advantages of cooperative State and Federal management if all or part of a proposed marine sanctuary is within the territorial limits of any State or is superjacent to the subsoil and seabed within the seaward boundary of a State, as that boundary is established under the Submerged Lands Act (43 U.S.C. 1301 et seq.); and "(ix) the proposed regulations referred to in subparagraph (A). "(2)

ENVIRONMENTAL IMPACT STATEMENT.—The

Federal Register, publication. Public information.

Secretary

shall— "(A) prepare a draft environmental impact statement, as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), on the proposal that includes the resource assessment report required under section 303(b)(3), maps depicting the boundaries of the proposed designated area, and the existing and potential uses and resources of the area; and "(B) make copies of the draft environmental impact state- Public availability. ment available to the public. "(3) PUBLIC HEARING.—No sooner than thirty days after issuing a notice under this subsection, the Secretary shall hold at least one public hearing in the coastal area or areas that will be most affected by the proposed designation of the area as a national marine sanctuary for the purpose of receiving the views of interested parties.

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 98 STAT. 2300

PUBLIC LAW 98-498—OCT. 19, 1984 "(4) TERMS OF DESIGNATION.—The terms of designation of a

sanctuary shall include the geographic area proposed to be included within the sanctuary, the characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or esthetic value, and the types of activities that will be subject to regulation by the Secretary to protect those characteristics. The terms of designation may be modified only by the same procedures by which the original designation is made. "(5) FISHING REGULATIONS.—The Secretary shall provide the appropriate Regional Fishery Management Council with the opportunity to prepare draft regulations for fishing within the United States Fishery Conservation Zone as the Council may deem necessary to implement the proposed designation. Draft regulations prepared by the Council, or a Council determination that regulations are not necessary pursuant to this paragraph, shall be accepted and issued as proposed regulations by the Secretary unless the Secretary finds that the Council's action fails to fulfill the purposes and policies of this title and the goals and objectives of the proposed ^signation. In preparing the draft regulations, a Regional Fishery Management Council shall use as guidance the national standards of section 301(a) of the Magnuson Act (16 U.S.C. 1851) to the extent that the standards are consistent and compatible with the goals and objectives of the proposed designation. The Secretary shall prepare the fishing regulations, if the Council declines to make a determination with respect to the need for regulations, makes a determination which is rejected by the Secretary, or fails to prepare the draft regulations in a timely manner. Any amendments to the fishing regulations shall be drafted, approved, and issued in the same manner as the original regulations. "(6) COMMITTEE ACTION.—After receiving the prospectus under subsection (a)(1)(C), the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate may each hold hearings on the proposed designation and on the matters set forth in the prospectus. If within the forty-five day period of continuous session of Congress beginning on the date of submission of the prospectus, either Committee issues a report concerning matters addressed in the prospectus, the Secretary shall consider this report before publishing a notice to designate the national marine sanctuary. '(b) TAKING EFFECT OF DESIGNATIONS.— Federal Register, publication. Regulations. Public availability.

Effective date.

"(1) NOTICE.—In designating a national marine sanctuary, the Secretary shall publish in the Federal Register notice of the designation together with final regulations to implement the designation and any other matters required by law, and submit such notice to the Congress. The Secretary shall advise the public of the availability of the final management plan and the final environmental impact statement with respect to such sanctuary. No notice of designation may occur until the expiration of the period for Committee action under subsection (a)(6). The designation (and any of its terms not disapproved under this subsection) and regulations shall take effect and become final after the close of a review period of forty-five days of continuous session of Congress beginning on the day on which such notice is published unless—

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"(A) the designation or any of its terms is disapproved by enactment of a joint resolution of disapproval described in paragraph (3); or "(B) in the case of a natural marine sanctuary that is located partially or entirely within the seaward boundary of any State, the Governor affected certifies to the Secretary that the designation or any of its terms is unacceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within the seaward boundary of the State. "(2) WITHDRAWAL OF DESIGNATION.—If the Secretary considers

that actions taken under paragraph (1)(A) or (B) will affect the designation of a national marine sanctuary in a manner that the goals and objectives of the sanctuary cannot be fulfilled, the Secretary may withdraw the entire designation. If the Secretary does not withdraw the designation, only those terms of the designation not disapproved under paragraph (1)(A) or not certified under paragraph (1)(B) shall take effect. "(3) RESOLUTION OF DISAPPROVAL.—For the purposes of this subsection, the term 'resolution of disapproval' means a joint resolution which states after the resolving clause the following: 'That the Congress disapproves the national marine sanctuary designation entitled that was submitted to Congress by the Secretary of Commerce on .', the first blank space being filled with the title of the designation and the second blank space being filled with the date on which the notice was submitted to Congress. In the event that the disapproval is addressed to one or more terms of the designation, the joint resolution shall state after the resolving clause the following: 'That the Congress approves the national marine sanctuary designation entitled that was submitted to Congress by the Secretary of Commerce on but disapproves the following terms of such designation: .', the first blank space being filled with the title of the designation, the second blank space being filled with the date on which the notice was submitted to Congress, and the third blank space referencing each term of the designation which is disapproved. "(4) PROCEDURES.—

"(A) In computing the forty-five-day periods of continuous session of Congress pursuant to subsection (a)(6) and paragraph (1) of this subsection— "(i) continuity of session is broken only by an adjournment of Congress sine die; and '(ii) the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain are excluded. "(B) When the committee to which a joint resolution has been referred has reported such a resolution, it shall at any time thereafter be in order to move to proceed to the consideration of the resolution. The motion shall be privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. "(C) This subsection is enacted by Congress as an exercise of the rulemaking power of each House of Congress, respectively, and as such is deemed a part of the rules of each

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 98 STAT. 2302

PUBLIC LAW 98-498—OCT. 19, 1984 House, respectively, but applicable only with respect to the procedure to be followed in the case of resolutions described in this subsection. This subsection supersedes other rules only to the extent that they are inconsistent therewith, and is enacted with full recognition of the constitutional right of either House to change the rules (so far as those relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. "(c) ACCESS AND VALID RIGHTS.—

16 USC 1435.

16 USC 1436.

16 USC 1437.

"(1) Nothing in this title shall be construed as terminating or granting to the Secretary the right to terminate any valid lease, permit, license, or right of subsistence use or of access if the lease, permit, license, or right— "(A) was in existence on the date of enactment of the Marine Sanctuaries Amendments of 1984, with respect to any national marine sanctuary designated before that date; or "(B) is in existence on the date of designation of any national marine sanctuary, with respect to any national marine sanctuary designated after the date of enactment of the Marine Sanctuaries Amendments of 1984. "(2) The exercise of a lease, permit, license, or right is subject to regulation by the Secretary consistent with the purposes for which the sanctuary is designated. SEC. 30.5. APPLICATION OF REGULATIONS AND INTERNATIONAL NEGOTIATIONS. "(a) REGULATIONS.—The regulations issued under section 304 shall be applied in accordance with generally recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation shall apply to a person who is not a citizen, national, or resident alien of the United States, unless in accordance with— "(1) generally recognized principles of international law; "(2) an agreement between the United States and the foreign state of which the person is a citizen; or "(3) an agreement between the United States and the flag state of a foreign vessel, if the person is a crewmember of the vessel. "(b) NEGOTIATIONS.—The Secretary of State, in consultation with the Secretary, shall take appropriate action to enter into negotiations with other governments to make necessary arrangements for the protection of any national marine sanctuary and to promote the purposes for which the sanctuary is established. "SEC. 306. RESEARCH AND EDUCATION. "The Secretary shall conduct research and educational programs as are necessary and reasonable to carry out the purposes and policies of this title. "SEC. 307. ENFORCEMENT. "(a) IN GENERAL.—The Secretary shall conduct such enforcement activities as are necessary and reasonable to carry out this title. The Secretary shall, whenever appropriate, utilize by agreement the personnel, services, and facilities of other Federal departments.

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98 STAT. 2303

agencies, and instrumentalities on a reimbursable basis in carrying out the Secretary's responsibilities under this title. "(b) CIVIL PENALTIES.— "(1) CIVIL PENALTY.—Any person subject to the jurisdiction of

the United States who violates any regulation issued under this title shall be liable to the United States for a civil penalty of not more than $50,000 for each such violation, to be assessed by the Secretary. Each day of a continuing violation shall constitute a separate violation. "(2) NOTICE.—No penalty shall be assessed under this subsection until the person charged has been given notice and an opportunity to be heard. Upon failure of the offending party to pay an assessed penalty, the Attorney General, at the request of the Secretary, shall commence action in the appropriate district court of the United States to collect the penalty and to seek such other relief as may be appropriate. "(3) IN REM JURISDICTION.—A vessel used in the violation of a regulation issued under this title shall be liable in rem for any civil penalty assessed for such violation and may be proceeded against in any district court of the United States having jurisdiction thereof. "(c) JURISDICTION.—The district courts of the United States shall Courts, U.S. have jurisdiction to restrain a violation of the regulations issued under this title, and to grant such other relief as may be appropriate. Actions shall be brought by the Attorney General in the name of the United States. The Attorney General may bring suit either on the Attorney General's own initiative or at the request of the Secretary. "SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

16 USC 1438.

"To carry out this title, there are authorized to be appropriated: "(1) $3,000,000 for fiscal year 1985. "(2) $3,300,000 for fiscal year 1986. "(3) $3,600,000 for fiscal year 1987. "(4) $3,900,000 for fiscal year 1988. "SEC. 309. SEVERABILITY.

16 USC 1439.

"If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this Act and of the application of such provision to other persons and circumstances shall not be affected thereby.". TITLE II—MARINE SAFETY SUBTITLE A—INSPECTION AND REPORTING REQUIREMENTS

SEC. 210. This subtitle may be cited as the "Maritime Safety Act of 1984". SEC. 211. (a) Section 3309 of title 46,. United States Code, is amended by adding at the end: "(c) At least 30 days (but not more than 60 days) before the current certificate of inspection issued to a vessel under subsection (a) of this section expires, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall submit to the Secretary in writing a notice that the vessel— "(1) will be required to be inspected; or "(2) will not be operated so as to require an inspection.".

Maritime Safety Act of 1984. Vessels.

46 USC 3301 note.

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PUBLIC LAW 98-498—OCT. 19, 1984

(b) Section 3311 of title 46, United Stated! Code, is amended by— (1) striking "A vessel" and substituting "(a) Except as provided in subsection (b), a vessel"; (2) striking the word "valid"; and (3) inserting at the end the following: "(b) The Secretary may direct the owner, charterer, managing operator, agent, master, or individual in charge of a vessel subject to inspection under this chapter and not having on board a certificate of inspection— "(1) to have the vessel proceed to mooring and remain there until a certificate of inspection is issued; "(2) to take immediate steps necessary for the safety of the vessel, individuals on board the vessel, or the environment; or "(3) to have the vessel proceed to a place to make repairs necessary to obtain a certificate of inspection.". (c) Section 3318 of title 46, United States Code, is amended as follows: (1) Subsection (a) is amended by— (A) striking "The" the first time it appears and substituting "Except as otherwise provided in this part, the"; and (B) striking "$1,000, except that when the violation involves operation of a barge, the penalty is $500.", and substituting "not more than $5,000.". (2) Subsection (c) is amended by striking "$2,000," and substituting "$5,000,". (3) Subsection (d) is amended by striking "$2,000," and substituting "$5,000,". (4) Subsection (e) is amended by striking "$2,000," and substituting "$10,000,". (5) Subsection (f) is amended by striking "$5,000," and substituting "$10,000,". (6) Subsection (g) is amended by striking "shall be fined not more than $10,000, imprisoned for not more than one year, or both," and substituting "is liable to the Government for a civil penalty of not more than $5,000,". (7) Subsection (h) is amended by striking "United States Government for a civil penalty of not more than $500." and substituting "Government for a civil penalty of not more than $1,000.". (8) At the end add the following: "(i) A person violating section 3309(c) of this title is liable to the Government for a civil penalty of not more than $1,000. "(j)(l) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel required to be inspected under this chapter operating the vessel without the certificate of inspection is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs, except when the violation involves operation of a vessel of less than 1,600 gross tons, the penalty is not more than $2,000 for each day during which the violation occurs. The vessel also is liable in rem for the penalty. "(2) A person is not liable for a penalty under this subsection if— "(A) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has notified the Secretary under section 3309(c) of this title; "(B) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has complied with all other

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98 STAT. 2305

directions and requirements for obtaining an inspection under this part; and "(C) the Secretary believes that unforeseen circumstances exist so that it is not feasible to conduct a scheduled inspection before the expiration of the certificate of inspection. "(k) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to comply with a direction issued by the Secretary under section 3311(b) of this title is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs. The vessel also is liable in rem for the penalty. "(1) A person committing an act described by subsections (b)-(f) of this section is liable to the Government for a civil penalty of not more than $5,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.". SEC. 212. (a) Chapter 23 of title 46, United States Code is amended as follows: (1) At the end of the chapter analysis, add the following: "2306. Vessel reporting requirements.".

(2) In section 2301, strike "This chapter" and substitute "Except as provided in section 2306 of this title, this chapter". (3) Add at the end the following: "§ 2306. Vessel reporting requirements 46 USC 2306. "(a)(1) An owner, charterer, managing operator, or agent of a vessel of the United States, having reason to believe (because of lack of communication with or nonappearance of a vessel or any other incident) that the vessel may have been lost or imperiled, immediately shall— "(A) notify the Coast Guard; and "(B) use all available means to determine the status of the vessel. "(2) When more than 48 hours have passed since the owner, charterer, managing operator, or agent of a vessel required to report to the United States Flag Merchant Vessel Location Filing System under authority of section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a), has received a communication from the vessel, the owner, charterer, managing operator, or agent immediately shall— "(A) notify the Coast Guard; and "(B) use all available means to determine the status of the vessel. "(3) A person notifying the Coast Guard under paragraph (1) or (2) of this subsection shall provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard. The owner, charterer, managing operator, or agent also shall submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under those paragraphs. "(4) An owner, charterer, managing operator, or agent violating this subsection is liable to the United States Government for a civil penalty of not more than $5,000 for each day during which the violation occurs. "(b)(1) The master of a vessel of the United States required to report to the System shall report to the owner, charterer, managing operator, or agent at least once every 48 hours.

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PUBLIC LAW 98-498—OCT. 19, 1984

"(2) A master violating this subsection is liable to the Government for a civil penalty of not more than $1,000 for each day during which the violation occurs. "(c) The Secretary may prescribe regulations to carry out this section.". (b)(1) Section 6101 of title 46, United States Code, is amended— (A) in subsection (a), by striking "and incidents"; and (B) by striking subsection (c). (2) Section 6103 of title 46, United States Code, is amended by striking "or incident". SEC. 213. (a) Subsection (b) of section 4283 of the Revised Statutes of the United States (46 App. U.S.C. 183(b)) is amended by striking out "$60" each place it appears and inserting in lieu thereof "$420". (b) The amendment made by subsection (a) shall apply to incidents Effective date. 46 USC app. 183 occurring after the date of enactment of this Act. note. SEC. 214. Sections 211(a) and 212 of this subtitle are effective one Effective date. hundred and eighty days after the date of enactment of this Act. 46 USC 2306 note. SUBTITLE B—RECREATIONAL DIVING SAFETY Report.

SEC. 220. (a) Within one hundred and eighty days after the date of enactment of this section, the Rules of the Road Advisory Council and the National Boating Safety Advisory Council shall report to the Secretary of the department in which the Coast Guard is operating recommendations regarding the need for the display of a divers flag (traditionally recognized as a bright or fluorescent red flag having a diagonal white stripe) or any other signal, if appropriate, to promote safety in recreational diving operations and navigation under the jurisdiction of the United States. In developing the recommendations, the Councils shall consider, as a minimum: visibility requirements; restriction of diver and vessel operations in a diving area; adequacy of, and conformity with, the laws of the States and international practice and with the laws of the United States governing navigation safety; appropriate penalties; and the views of the recreational diving community. (b) Within one year after the date of enactment of this section, the Secretary of the department in which the Coast Guard is operating shall transmit to Congress the recommendations required under subsection (a) of this section and the Secretary's evaluation and recommendations for recreational diving safety and, as appropriate, proposed legislation to implement those recommendations. TITLE III—NOAA CORPS SUBTITLE A—HEALTH CARE

SEC. 310. (a) Section 3 of the Act of December 31, 1970 (33 U.S.C. 857-3) is amended by adding "(a)" after "SEC. 3." and by adding at the end the following new subsection: "(b) The Secretary may provide medical and dental care, including care in private facilities, for personnel of the Administration entitled to that care by law or regulation.". (b) The matter before subsection (b) in the first section of the Act of July 19, 1963 (42 U.S.C. 253a(a)), is amended by striking "at facilities of the Public Health Service: Provided, That" and inserting in lieu thereof "by the Public Health Service if.

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(c) The first sentence of subsection (b) of the first section of that Act (42 U.S.C. 253a(b)) is amended— (1) by striking "at its hospitals and rehef stations"; and (2) by striking "at hospitals of the Public Health Service: Provided, That" and inserting in lieu thereof "by the Public Health Service if. SUBTITLE B—PERSONNEL PROVISIONS

SEC. 320. (a)(1) Sections 8 and 9 of the Coast and Geodetic Survey Government Commissioned Officers' Act of 1948 (33 U.S.C 853g, 853h) are organization and amended to read as follows: employees. "SEC. 8. (a) As recommended by the personnel board— "(1) an officer in the permanent grade of captain or commander may be transferred to the retired list; and "(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service. "(b) In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus the number of officers retired for age may not exceed the whole number nearest four percent of the total number of officers authorized to be on the active list, except as otherwise provided by law. "(c) Any retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary of Commerce approves the retirement or separation, except that if the officer concerned requests earlier retirement or separation, the date shall be as determined by the Secretary. "SEC. 9. (a) An officer who is separated under section 8 and who has completed more than three years of continuous active service immediately before that separation is entitled to separation pay computed under subsection (b) unless the Secretary of Commerce determines that the conditions under which the officer is separated do not warrant payment of that pay. "(b)(1) In the case of an officer who has completed five or more years of continuous active service immediately before that separation, the amount of separation pay which may be paid to the officer under this section is 10 percent of the product of (A) the years of active service creditable to the officer, and (B) twelve times the monthly basic pay to which the officer was entitled at the time of separation, or $30,000, whichever is less. "(2) In the case of an officer who has completed three but fewer than five years of continuous active service immediately before that separation, the amount of separation pay which may be paid to the officer under this section is one-half of the amount computed under paragraph (1), but in no event more than $15,000. "(c) In determining an officer's years of active service for the purpose of computing separation pay under this section, each full month of service that is in addition to the number of full years of service creditable to the officer is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded. "(d)(1) A period for which an officer has previously received separation pay, severance pay, or readjustment pay under any other provision of law based on service in a uniformed service may not be included in determining the years of creditable service that may be

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 98 STAT. 2308

33 USC 853u.

PUBLIC LAW 98-498—OCT. 19, 1984

counted in computing the separation pay of the officer under this section. "(2) The total amount that an officer may receive in separation pay under this section and separation pay, severance pay, and readjustment pay under any other provision of law based on service in a uniformed service may not exceed $30,000. "(e)(1) An officer who has received separation pay under this section, or separation pay, severance pay, or readjustment pay under any other provision of law, based on service in a uniformed service and who later qualifies for retired pay under this Act shall have deducted from each payment of retired pay so much of that pay as is based on the service for which the officer received that separation pay, severance pay, or readjustment pay until the total amount deducted is equal to the total amount of separation pay, severance pay, and readjustment pay received. "(2) An officer who has received separation pay under this section may not be deprived, by reason of receipt of that pay, of any disability compensation to which the officer is entitled under the laws administered by the Veterans' Administration, but there shall be deducted from that disability compensation an amount equal to the total amount of separation pay received. Notwithstanding the preceding sentence, no deduction may be made from disability compensation for the amount of separation pay received because of an earlier discharge, separation, or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty.". (2) Section 1174(h)(1) of title 10, United States Code, is amended by striking out "severance pay" the first and second place it appears and inserting in lieu thereof "separation pay, severance pay,". (b) Section 12(c) of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853j-l(c)) is amended— (1) by striking out "deemed necessary or desirable" and inserting in lieu thereof "determined"; (2) by striking out "alone provided" and inserting in lieu thereof "alone. Any"; (3) by striking out "will terminate" and inserting in lieu thereof "terminates"; and (4) by striking out "assignment," and all that follows and inserting in lieu thereof "assignment.". (c)(1) The Coast and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853a et seq.) is amended by adding at the end thereof the following new section: "SEC. 24. (a) The Secretary may designate positions in the Administration as being positions of importance and responsibility for which it is appropriate that commissioned officers of the Administration, if serving in those positions, serve in the grade of vice admiral, rear admiral, or commodore as designated by the Secretary for each position, and may assign officers to those positions. An officer assigned to any position under this section has the grade designated for that position if appointed to that grade by the President, by and with the advice and consent of the Senate. "(b) The number of officers serving on active duty under appointments under this section may not exceed— "(1) one in the grade of vice admiral; "(2) three in the grade of rear admiral; and "(3) three in the grade of commodore.

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"(c) An officer appointed to a grade under this section, while serving in that grade, shall have the pay and allowances of the grade to which appointed. "(d) An appointment of an officer under this section— "(1) does not vacate the permanent grade held by the officer; and "(2) creates a vacancy on the active list. "(e) The provisions of section 2(g) of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.) apply to an officer who serves in a grade above captain under an appointment under this section in the same manner as if the officer served in that grade under section 2(d) or 2(f) of that Reorganization Plan.". (2) After the date of the enactment of this Act, no appointment of a commissioned officer may be made under section 2(d) or 2(f) of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.). (3) Effective as of December 28, 1977, section 3(a)(1) of Public Law 95-219 is amended by striking out "Section 2" and inserting in lieu thereof "Section 2(e)'\ (4)(A) An officer of the commissioned corps of the National Oceanic and Atmospheric Administration who on the day before the date of the enactment of this Act was carried on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half shall after that date be serving in the grade of rear admiral. (B) An officer who on the day before the date of the enactment of this Act was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half shall after that date be serving in the grade of commodore, but shall (while serving in that grade) retain the title of rear admiral and be entitled to wear the uniform and insignia of a rear admiral. (C) An officer who on the date before the date of the enactment of this Act held the grade of rear admiral on the retired list retains the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral.

33 USC 853u note.

Effective date. 5 USC app.;

15 USC 1511 note. 33 USC 853u note.

TITLE IV—FISHERIES SUBTITLE A—PACIFIC FISHERIES DEVELOPMENT FOUNDATION

SEC. 410. Section 2 of the Central, Western, and South Pacific Fisheries Development Act (Public Law 92-444; 16 U.S.C. 758e) is amended by striking out "Pacific Tuna Development Foundation" and inserting in lieu thereof "Pacific Fisheries Development Foundation". SUBTITLE B—FISHERMEN'S CONTINGENCY FUND

SEC. 420. Title IV of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1841 et seq.) is amended— (1) by striking in section 403(a)(l) ' limitation on" and substi- 43 USC 1843. tuting "limitation of not less than 90 days on"; (2) by striking out "25 per centum" in section 403(c)(l) and inserting in lieu thereof "50 percent"; (3) by striking out ", except" and all that follows thereafter in 43 USC 1845. section 405(a) and inserting in lieu thereof "under subsection (d)(l)."; and

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 98 STAT. 2310 43 USC 1845.

PUBLIC LAW 98-498—OCT. 19, 1984 (4) by inserting "time," before "form" in section 405(d)(l). SUBTITLE C—FISHERIES LOAN FUND

16 USC 742c. 16 USC 742f.

SEC. 430. The Fish and WildHfe Act of 1956 (16 U.S.C. 742a et seq.) is amended— (1) by striking out "September 30, 1984" each place it appears in section 4(c) and inserting in lieu thereof "September 30, 1986"; and (2) by striking out "1982, 1983, and 1984." in section 7(c)(6) and inserting in lieu thereof "1982, 1983, 1984, 1985, and 1986.". SEC. 431. Section 221(a) of the American Fisheries Promotion Act (16 U.S.C. 742c note) is amended— (1) by amending subsection (a)— (A) by amending the side heading to read as follows: "LOAN AUTHORITY.—", and

Securities. 16 USC 742C-1.

(B) by striking out "September 30, 1984" and inserting in lieu thereof "September 30, 1986"; (2) by amending subsection (b)— (A) by striking out "each of fiscal years 1982, 1983, 1984," in paragraph (2)(A) and inserting in lieu thereof "each of fiscal years 1982, 1983, 1984, 1985, and 1986,", and (B) by striking out "1981, 1982, 1983, and 1984" in paragraph (2)(C) and inserting in lieu thereof "1981, 1982, 1983, 1984, 1985, and 1986"; and (3) by striking out "any of fiscal years 1981, 1982, 1983, and 1984," in subsection (c)(1) and inserting in lieu thereof "any of fiscal years 1981, 1982, 1983, 1984, 1985, and 1986,". SEC. 432. All moneys in the Fisheries Loan Fund established under Section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c), as amended, shall be invested by the Secretary of Commerce in obligations of the United States, except so much as shall be currently needed for loans or administrative expenses authorized under the Fisheries Loan Fund. All accrued proceeds from such investment shall be, subject to amounts provided in advance by appropriations, credited by the Secretary of the Treasury to the debt of the Secretary of Commerce incurred under section 1105(d) of the Merchant Marine Act, 1936 (46 U.S.C. 1275), as amended, in connection with fisheries financing under title XI of the Merchant Marine Act, 1936 (46 U.S.C. 1271-1280), as amended, for so long as such debt exists. All accrued proceeds from such investment, after such debt has been liquidated, shall be, subject to amounts provided in advance by appropriations, credited to the fisheries portion of the Federal Ship Financing Fund established under section 1102 of the Merchant Marine Act, 1936 (46 U.S.C. 1272), as amended, and used for the fisheries purposes provided in title XI of the Merchant Marine Act, 1936 (46 U.S.C. 1271-1280), as amended. SUBTITLE D—GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH THE HOME GOVERNMENT OF THE FAROE ISLANDS AND THE GOVERNMENT OF DENMARK

16 USC 1823 note.

SEC. 440. Notwithstanding section 203 of the Magnuson Fishery Conservation and Management Act of 1976, the Governing International Fishery Agreement between the Government of the United States of America of the One Part and the Home Government of the Faroe Islands and the Government of Denmark of the Other Part

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1151

 PUBLIC LAW 98-498—OCT. 19, 1984

98 STAT. 2311

Concerning Faroese Fishing in Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated July 13, 1984— (1) is approved by Congress as a governing international fishery agreement for purposes of that Act; and (2) may enter into force with respect to the United States in accordance with the terms of Article XVI of the Agreement following the enactment of this title, TITLE V—VESSELS SEC. 510. Notwithstanding sections 12105(d), 12106(a)(2), 12107(a)(2), and 12108(a)(2) of title 46, United States Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 833), as applicable, the Secretary of the department in which the Coast Guard is operating may issue certificates of documentation for the following vessels— (a) Wingaway, official number 654146; (b) Endless Summer, official number 296259; (c) Muskegon Clipper, official number 252908; (d) Scuba King, official number 532376; (e) Ululani, official number 239729; (f) No Slack, official number 587630; and (g) La Jolie, Michigan registration number MC2780LB. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 1102: SENATE REPORT No. 98-280 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 18, considered and passed Senate. Vol. 130 (1984): Sept. 14, considered and passed House, amended. Oct. 2, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 19, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1152

 STAT. 2312

PUBLIC LAW 98-499—OCT. 19, 1984

Public Law 98-499 98th Congress A n Act Oct. 19, 1984 [S. 1146]

Aviation DrugTrafficking Control Act. Law enforcement. 49 USC app. 1301 note.

To amend the Federal Aviation Act of 1958 to provide for the revocation of the airman certificates and for additional penalties for the transportation by aircraft of controlled substances, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Aviation Drug-Trafficking Control Act". SEC. 2. (a) Section 609 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1429) is amended by adding at the end thereof the following new subsection: "TRANSPORTATION, DISTRIBUTION, AND OTHER ACTIVITIES RELATED TO CONTROLLED SUBSTANCES

"(c)(1) The Administrator shall issue an order revoking the airman certificates of any person upon conviction of such person of a crime punishable by death or imprisonment for a term exceeding one year under a State or Federal law relating to a controlled substance (other than a law relating to simple possession of a controlled substance), if the Administrator determines that (A) an aircraft was used in the commission of the offense or to facilitate the commission of the offense, and (B) such person served as an airman, or was on board such aircraft, in connection with the commission of the offense or the facilitation of the commission of the offense. The Administrator shall have no authority under this paragraph to review the issue of whether an airman violated a State or Federal law relating to a controlled substance. "(2) The Administrator shall issue an order revoking the airman certificates of any person if the Administrator determines that (A) such person knowingly engaged in an activity that is punishable by death or imprisonment for a term exceeding one year under a State or Federal law relating to a controlled substance (other than any law relating to simple possession of a controlled substance), (B) an aircraft was used to carry out such activity or to facilitate such activity, and (C) such person served as an airman, or was on board such aircraft, in connection with such activity or the facilitation of such activity. The Administrator shall not revoke, and the National Transportation Safety Board on appeal under paragraph (3) shall not affirm the revocation of, a certificate under this paragraph on the basis of any activity if the holder of the certificate is acquitted of all charges contained in an indictment or information which relate to controlled substances and which arise from such activity. "(3) Prior to revoking an airman certificate under this subsection, the Administrator shall advise the holder thereof of the charges or any reasons relied upon by the Administrator for his proposed action and shall provide the holder of such certificate an opportunity to answer any charges and be heard as to why such certificate should not be revoked. Any person whose certificate is revoked by the Administrator under this subsection may appeal the Adminis-

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1153

 PUBLIC LAW 98-499—OCT. 19, 1984

98 STAT. 2313

trator's order to the National Transportation Safety Board and the Board shall, after notice and a hearing on the record, affirm or reverse the Administrator's order. In the conduct of its hearings, the National Transportation Safety Board shall not be bound by findings of fact of the Administrator. The filing of an appeal with the National Transportation Safety Board shall stay the effectiveness of the Administrator's order unless the Administrator advises the Board that safety in air commerce or air transportation requires the immediate effectiveness of his order, in which event the order shall remain effective and the Board shall finally dispose of the appeal within sixty days after being so advised by the Administrator. The Courts, U.S. person substantially affected by the National Transportation Safety Board's order may obtain judicial review of such order under the provisions of section 1006, and the Administrator shall be made a 49 USC app. party to such proceedings. i486. "(4) For purposes of this subsection, the term 'controlled substance' has the meaning given such term by section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).". (b) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 609. Amendment, suspension, and revocation of certificates."

is amended by adding at the end thereof "(c) Transportation, distribution, and other activities related to controlled substances.".

SEC. 3. Section 602(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1422(b)) is amended by inserting "(1)" after "(b)" and by adding at the end thereof the following new paragraph: "(2)(A) Except as provided in subparagraphs (B) and (O), the Administrator shall not issue an airman certificate to any person whose airman certificate has been revoked under subsection (c) of section 609 of this title during the five-year period beginning on the Ante, p. 2312. date of such revocation. "(B) The Administrator may issue an airman certificate to any such person before the end of such five-year period (but not before the end of the one-year period beginning on the date of such revocation) if, in addition to the findings required by paragraph (1), the Administrator determines (i) that revocation of the certificate for such five-year period would be excessive considering the nature of the offense or the act committed and the burden which revocation places on such person, or (ii) that revocation of the certificate for such five-year period would not be in the public interest. The determinations under clauses (i) and (ii) of the preceding sentence shall be within the discretion of the Administrator and any such determination or failure to make such a determination shall not be subject to administrative or judicial review. "(C) In any case in which the Administrator has revoked an airman certificate of a person under section 609(c)(1) or (2) as a Ante, p. 2312. result of any activity and— "(i) such person is subsequently acquitted of all charges contained in an indictment or information which relate to controlled substances and which arise from such activity; or "(ii) in the case of a revocation under section 609(c)(l), the judgment of conviction on which the revocation is based is reversed on appeal;

31-194 - 0 - 86 - 37: QL. 3 Part 2

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1154

 98 STAT. 2314

49 USC app. I486.

PUBLIC LAW 98-499—OCT. 19, 1984

the Administrator shall issue an airman certificate to such person if such person is otherwise qualified to serve as an airman under this section.". SEC. 4. (a) Section 501(e) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1401(e)) is amended by inserting "(1)" after "(e)" and by adding at the end thereof the following new paragraph: "(2)(A) The Administrator shall issue an order revoking the certificate of registration issued to an owner under this section for an aircraft and each other certificate of registration held by such owner under this section, if the Administrator determines that— "(i) such aircraft has been used to carry out an activity, or to facilitate an activity, that is punishable by death or imprisonment for a term exceeding one year under a State or Federal law relating to a controlled substance (other than any law relating to simple possession of a controlled substance); and "(ii) the use of the aircraft was permitted by such owner with - the knowledge that the aircraft was intended to be used for an activity described in clause (i) of this subparagraph. For purposes of this paragraph, an owner of an aircraft who is not an individual shall be considered to have permitted the use of an aircraft with knowledge that it was intended to be used for an activity described in clause (i) of this subparagraph only if a majority of the individuals who control such owner or who are involved in forming the major policy of such owner permitted the use of the aircraft with knowledge of such intended use. The Administrator shall not revoke, and the National Transportation Safety Board on appeal under subparagraph (B) shall not affirm the revocation of, a certificate under this paragraph on the basis of any activity if the holder of the certificate is acquitted of all charges contained in an indictment or information which relate to controlled substances and which arise from such activity. "(B) Prior to revoking any certificate of registration under this subsection, the Administrator shall advise the holder thereof of the charges or any reasons relied upon by the Administrator for his proposed action and shall provide the holder of the certificate of registration an opportunity to answer any charges and be heard as to why such certificate should not be revoked. Any person whose certificate of registration is revoked by the Administrator under this subsection may appeal the Administrator's order to the National Transportation Safety Board and the Board shall, after notice and a hearing on the record, affirm or reverse the Administrator's order. In the conduct of its hearings, the National Transportation Safety Board shall not be bound by findings of fact of the Administrator. The filing of an appeal with the National Transportation Safety Board shall stay the effectiveness of the Administrator's order unless the Administrator advises the Board that safety in air commerce or air transportation requires the immediate effectiveness of his order, in which event the order shall remain effective and the Board shall finally dispose of the appeal within 60 days after being so advised by the Administrator. The person substantially affected by the National Transportation Safety Board's order may obtain judicial review of such order under the provisions of section 1006, and the Administrator shall be made a party to such proceedings. "(C) For purposes of this paragraph, the term 'controlled substance' has the meaning given such term by section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).

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 PUBLIC LAW 98-499—OCT. 19, 1984

98 STAT. 2315

"(D) Except as provided in subparagraphs (E) and (F), the Administrator shall not issue a certificate of registration to any person who has had a certificate revoked under subparagraph (A) of this paragraph during the five-year period beginning on the date of such revocation. "(E) The Administrator may issue a certificate of registration for an aircraft to any such person before the end of such five-year period (but not before the end of the one-year period beginning on the date of such revocation) if the Administrator determines that such aircraft is otherwise eligible for registration under this section and (i) that revocation of the certificate for such five-year period would be excessive considering the nature of the offense or the act committed and the burden which revocation places on such person, or (ii) that revocation of the certificate for such five-year period would not be in the public interest. The determinations under clauses (i) and (ii) of the preceding sentence shall be within the discretion of the Administrator and any such determination or failure to make such a determination shall not be subject to administrative or judicial review. "(F) In any case in which the Administrator has revoked the certificate of registration as a result of any activity and such person is subsequently acquitted of all charges contained in an indictment or information which relate to controlled substances and which arise from such activity, the Administrator shall issue a certificate of registration to such person if such person is otherwise qualified for such a certificate under this section.". (b) Section 304(a)(9)(A) of the Independent Safety Board Act of 1974 (49 U.S.C. App. 1903(a)(9)(A)) is amended by inserting before the semicolon at the end thereof the following: "and the revocation of any certificate of registration under section 501(e)(2) of such Act". Ante, p. 2314. SEC. 5. (a) Section 902 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472) is amended by adding at the end thereof the following new subsection: "TRANSPORTING CONTROLLED SUBSTANCES WITHOUT AIRMAN CERTIFICATE

"(q) Any person who knowingly and willfully serves in any capacity as an airman without an airman certificate authorizing him to serve in such capacity, in connection with the transportation by aircraft of any controlled substance, where (1) such transportation is punishable by death or imprisonment for a term exceeding one year under a State or Federal law or is provided in connection with any act that is punishable by death or imprisonment for a term exceeding one year under a State or Federal law relating to a controlled substance (other than any law relating to simple possession of a controlled substance), and (2) such person has knowledge of such transportation, shall be subject to a fine not exceeding $25,000 or to imprisonment not exceeding five years, or to both such fine and imprisonment. For purposes of this subsection, the term 'controlled substance' has the meaning given such term by section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).". (b) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 902. Criminal penalties."

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1156

 98 STAT. 2316

PUBLIC LAW 98-499—OCT. 19, 1984

is amended by adding at the end thereof "(q) Transporting controlled substances without airman certificate.".

SEC. 6. Section 902(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(b)) is amended— (1) by striking out "(b) Any person who" and inserting in Heu thereof "(b)(1) Except as provided in paragraph (2), any person who"; (2) by striking out "uses or attempts to use" and inserting in lieu thereof "sells, uses, attempts to use, or possesses with the intent to use"; and (3) by adding at the end thereof the following new paragraph: "(2)(A) Any person who violates paragraph (1) of this subsection (other than by selling a fraudulent certificate) with the intent to commit a crime punishable by death or imprisonment for a term exceeding one year under a State or Federal law relating to a controlled substance (other than any law relating to simple possession of a controlled substance) shall be subject to a fine not exceeding $25,000 or to imprisonment not exceeding five years, or both. "(B) Any person who violates paragraph (1) of this subsection by selling a fraudulent certificate with the knowledge that the purchaser intends to use such certificate in connection with the commission of a crime punishable by death or imprisonment for a term exceeding one year under a State or Federal law relating to controlled substances (other than any law relating to simple possession of a controlled substance) shall be subject to a fine not exceeding $25,000 or to imprisonment not exceeding five years, or both. "(C) For purposes of this paragraph, the term 'controlled substance' has the meaning given such term by section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).". Effective date. SEC. 7. This Act and the amendments made by this Act shall apply 49 USC app. 1401 vvith respect to acts and violations occurring after the date of ^°^enactment of this Act. Approved October 19, 1984.

"

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LEGISLATIVE HISTORY—S. 1146 (H.R. 1580): HOUSE REPORTS: No. 98-883 accompanying H.R. 1580 (Comm. on Public Works and Transportation) and No. 98-1085 (Comm. of Conference). SENATE REPORT No. 98-228 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 129 (1983): Sept. 27, considered and passed Senate. Vol. 130 (1984): July 24, H.R. 1580 considered and passed House; S. 1146, amended, passed in lieu. Oct. 2, Senate agreed to conference report. Oct. 4, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 19, Presidential statement. ,,

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1157

 PUBLIC LAW 98-500—OCT. 19, 1984

98 STAT. 2317

Public Law 98-500 98th Congress An Act To compensate heirs of deceased Indians for improper payments from trust estates to States or political subdivisions thereof as reimbursements for old age assistance received by decedents during their lifetime.

Oct. 19, 1984 [S. 1151]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Old Age Assistance be cited as the "Old Age Assistance Claims Settlement Act". Claims DEFINITIONS

SEC. 2. For purposes of this Act, the term— (1) "Secretary" means the Secretary of the Interior; (2) "unauthorized disbursement" means a disbursement made from the trust estate of a deceased Indian which was made by the Secretary to a State or a political subdivision of a State for the purpose of reimbursing the State or political subdivision for any old age assistance made to the deceased Indian before death in violation of Federal laws governing Indian trust property; and (3) "trust estate" means that portion of the estate that consists of real or personal property, title to which is held by the United States for the benefit of the Indian or which may not be alienated without the consent of the Secretary.

Settlement Act. Indians. 25 USC 2301 note. 25 USC 2301.

PAYMENT OF CLAIMS

SEC. 3. (a) The Secretary is authorized and directed to determine the portion of any unauthorized disbursement to which any individual under this Act is entitled, and to pay to such individual the amount which the Secretary determines such individual to be entitled. Any payment under this provision shall include interest at a rate of 5 per centum per annum, simple interest, from the date on which such disbursement was made from the trust estate of the deceased Indian. (b) No payment shall be made under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if the total amount of unauthorized disbursement from such trust estate was less than $50.

25 USC 2302.

NOTICE

SEC. 4. (a) Within one hundred and eighty days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a list of all trust estates from which unauthorized disbursements are known to have been made, including the amount of the unauthorized disbursement made from each such trust estate. (b) Within thirty days after the publication of this list, the Secretary shall provide a copy of this Act and a copy of the Federal Register containing this list, or such parts as may be pertinent, to

Federal Register, publication. 25 USC 2303.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1158

 98 STAT. 2318

Federal Register, publication.

PUBLIC LAW 98-500—OCT. 19, 1984

each Indian tribe, band, or group the rights of whose members may be affected by this Act. (c) Any tribe, band or group of Indians, or any individual Indian shall have one hundred and eighty days after the date of the publication in the Federal Register of the list provided for in subsection (b) of this section to submit to the Secretary any additional unauthorized disbursement claims not contained on the list. (d) Not more than thirty days after the expiration of the one hundred and eighty day period provided for in subsection (c) of this section, the Secretary shall publish in the Federal Register a list containing the additional unauthorized disbursement claims submitted during such period. IDENTIFICATION OF RIGHT TO PAYMENT AND EXPEDITED CLAIM PAYMENT

25 USC 2304.

SEC. 5. (a) The Secretary shall conduct a search of the records of the Department of the Interior to identify individuals who are entitled to any portion of the unauthorized disbursements which were made and to ascertain the amount of such unauthorized disbursements to which each of such individuals is entitled. (b) In any case in which the Secretary ascertains the name and location of any individual who is entitled to any portion of an unauthorized disbursement and determines the amount of such unauthorized disbursement to which such individual is entitled, the Secretary shall pay such amount, including interest thereon as provided in section 3, to such individual immediately without requiring such individual to file a formal claim for payment. (c) The Secretary shall use the best available means of notifying each individual who is identified in the search conducted under subsection (a) of the right of such individual to receive payment under this Act. The means of notification available to the Secretary shall include— (1) notice provided directly to such individual; (2) notification of the next of kin of such individu£d; (3) notification of the chairman or chief executive officer of the tribe of which such individual is a member or of which the deceased Indian was a member; and (4) publication of notice in newspapers of general circulation in the appropriate area.

25 USC 2305.

SEC. 6. (a) The payment and acceptance of any claim, after its determination in accordance with this Act, shall be a full discharge to the United States or any State or political subdivision thereof of all claims and demands touching any of the matters involved in the controversy. (b) The provisions of this Act shall not affect claims arising from any unauthorized disbursement which were filed in any court of competent jurisdiction prior to the date of enactment of this Act.

DISCHARGE AND BARRING OF CLAIMS

AUTHORIZATIONS Appropriation authorization. 25 USC 2306.

SEC. 7. (a) There are authorized to be appropriated for the purpose of carrying out the provisions of this Act $2,500,000 for each of the fiscal years 1986 and 1987, and such sums as may be necessary for any subsequent fiscal year. The amounts appropriated under the

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 PUBLIC LAW 98-500—OCT. 19, 1984

98 STAT. 2319

authority of this subsection shall remain available without fiscal year limitation for purposes of carrying out the provisions of this Act until all claims filed under this Act have been resolved. (b) Funds necessary to pay the expenses of administering this Act shall be appropriated and expended under the authority of the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), popularly known as the Snyder Act. TREATMENT OF FUNDS

SEC. 8. Funds distributed under the provisions of this Act shall not be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act or, except for per capita shares in excess of $2,000, any Federal or federally assisted program. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 1151: SENATE REPORT No. 98-605 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 28, considered and passed Senate. Oct. 4, considered and passed House.

25 USC 2307.

42 USC 1305.

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