text:
Page:United States Statutes at Large Volume 95.djvu/642

 95 STAT. 616

Report to 42* lfscr8482

PUBLIC LAW 97-35—AUG. 13, 1981 "(B) on a semiannual basis, the total quantities of natural gas used as a primary energy source during the previous 6-month period by each electric utility. "(2) The Secretary shall include in each annual report to the Congress under section 806 a summary of information received by the Secretary under this subsection.". VALIDITY OF ORDERS UNDER FORMER SECTION 301 OF THE POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 1978

42 USC 8341 note SEC. 1022. (a) The amendments made by section 1021 to section 301 Ante, p. 614. (b) and (c) of the Powerplant and Industrial Fuel Use Act of 1978 shall not apply to any electric powerplant for which a final order was issued pursuant to section 301(b) or (c) of such Act before the date of the enactment of this Act. GD) Any electric powerplant issued a proposed order under section 301 (b) or (c) of such Act which is pending on the date of the enactment of this Act may elect not to have the amendments made by section 1021 to such section 301(b) or (c) apply with respect to that powerplant. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary of Energy shall, within 45 days after the date of the enactment of this Act, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary of Energy prescribes the form and manner of making such election. (c)(1) The amendments made by section 1021 shall not affect the validity of any final order issued under section 301(b) or (c) of the Powerplant and Industrial Fuel Use Act of 1978 before the date of the enactment of this Act. (2) The validity of any proposed order issued under such section 301 (b) or (c) shall not be affected in the case of powerplants covered by elections made under subsection (b). (3) The authority of the Secretary of Energy to amend, repeal, rescind, modify, or enforce any order referred to in paragraph (1) or (2), or rules applicable thereto, shall remain in effect notwithstanding any such amendments. ELECTRIC UTILITY CONSERVATION PLAN

SEC. 1023. (a) The Powerplant and Industrial Fuel Use Act of 1978 is amended by inserting after section 807 the following new section: 42 USC 8484.

"SEC. 808. ELECTRIC UTILITY CONSERVATION PLAN.

"(a) APPLICABILITY.—An electric utility is subject to this subsection if— "(1) the utility owns or operates any existing electric powerplant in which natural gas was used as a primary energy source at any time during the 1-year period ending on the date of the enactment of this section, and "(2) the utility plans to use natural gas as a primary energy source in any electric powerplant. "(b) SUBMISSION AND APPROVAL OF PLAN.—The Secretary shall require each electric utility subject to this section to— "(1) submit, within 1 year after the date of the enactment of this section, and have approved by the Secretary, a conservation plan which meets the requirements of subsection (c); and "(2) implement such plan during the 5-year period beginning on the date of the initial approval of such plan.

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Page:United States Statutes at Large Volume 95.djvu/643

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 617

"(c) CONTENTS OF PLAN.—(1) Any conservation plan under this section shall set forth means determined by the utility to achieve conservation of electric energy not later than the 5th year after its initial approval at a level, measured on an annual basis, at least equal to 10 percent of the electric energy output of that utility during the most recent 4 calendar quarters ending prior to the date of the enactment of this section which is attributable to natural gas. "(2) The conservation plan shall include— "(A) all activities required for such utility by part 1 of title II of the National Energy Conservation Policy Act; ^2 USC 8211. "(B) an effective public information program for conservation; and "(C) such other measures as the utility may consider appropriate. "(3) Any such plan may set forth a program for the use of renewable energy sources (other than hydroelectric power). "(4) Any such plan shall contain procedures to permit the amounts expended by such utility in developing and implementing the plan to be recovered in a manner specified by the appropriate State regulatory authority (or by the utility in the case of a nonregulated utility), (d) PLAN APPROVAL.—(1) The Secretary shall, by order, approve or disapprove any conservation plan proposed under this subsection by an electric utility within 120 days after its submission. The Secretary shall approve any such proposed plan unless the Secretary finds that such plan does not meet the requirements of subsection (c) and states in writing the reasons therefor. "(2) In the event the Secretary disapproves under paragraph (1) the plaa originally submitted, the Secretary shall provide a reasonable period of time for resubmission. "(3) An electric utility may amend any approved plan, except that the plan as amended shall be subject to approval in accordance with paragraph (1).". (b) Section 712 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8422) is amended by inserting "(a) GENERALLY.—" before "Any person" and by adding at the end thereof the following new subsection: "(b) REPORT ON IMPLEMENTATION OP SECTION 808 PLAN.—Any Ante, p. 6i6. electric utility required to submit a conservation plan under section 808 shall annually submit to the Secretary a report identifying the steps taken during the preceding year to implement such plan.". (c) The table of contents for such Act is amended by adding at the end thereof the following item after the item relating to section 807: "Sec. 808. Electric utility conservation plan.". APPLICABILITY OF RESTRICTIONS RELATING TO NATURAL GAS OUTDOOR UGHTING

SEC. 1024. (a) Section 402(b)(l) of the Powerplant and Industrial Fuel Use Act of 1978 is amended— 42 USC 8372. (1) by inserting "(other than any outdoor lighting fixture which was installed before the date of the enactment of this Act for use in connection with a residence and for which natural gas was being provided on such date of enactment)" after "use in outdoor lighting", and (2) in subparagraph (C), by striking out the dash and all that follows through "residence," and inserting in lieu thereof "any municipal outdoor lighting fixture".

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


text:
Page:United States Statutes at Large Volume 95.djvu/644

 95 STAT. 618

PUBLIC LAW 97-35—AUG. 13, 1981

42 USC 8372.

(b) Section 402 of such Act is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: "(f)(1) For the purpose of discouraging the use of natural gas for outdoor lighting, each local distribution company which is subject to subsection (a) or (b) shall, in accordance with rules promulgated by the Secretary— "(A) establish a reasonable and simple method, as determined by each such company, by which the company shall periodically inform its customers about the amount of natural gas consumed by outdoor lighting and the annual cost of such gas for such lighting; and "(B) report to the Secretary the method established under subparagraph (A). A company may establish a method which provides for reporting such information on the basis of estimates where actual information is not readily available. "(2) The Secretary shall propose the rules referred to in paragraph (1) as promptly as possible after the date of the enactment of this subsection, and such rules shall take effect not later than the ninetieth day after they are proposed. In promulgating such rules, the Secretary shall, to the greatest extent feasible, consult with the appropriate regulatory authority of the States and the local distribution companies who will be subject to the rules.".

Strategic Petroleum Reserve Amendments Act of 1981. 42 USC 6201 note.

Subtitle C—STRATEGIC PETROLEUM RESERVE SHORT TITLE

SEC. 1031. This subtitle may be cited as the "Strategic Petroleum Reserve Amendments Act of 1981". FINDINGS

42 USC 6231 note.

SEC. 1032. The Congress finds that— (1) the Strategic Petroleum Reserve should be considered a national security asset; and (2) enlarging the capacity and filling of the Strategic Petroleum Reserve should be accelerated (to the extent technically and economically practicable) to take advantage of any increased availability of crude oil in the world market from time to time. RATE OF FILUNG THE STRATEGIC PETROLEUM RESERVE

SEC. 1033. Section 160(c) of the Energy Policy and Conservation Act (42 U.S.C. 6240(c)) is amended to read as follows: "(c)(1) The President shall immediately seek to undertake, and thereafter continue (subject to paragraph (2)), crude oil acquisition, transportation, and injection activities at a level sufficient to assure that crude oil in storage in the Strategic Petroleum Reserve will be increased at an average annual rate of at least 300,000 barrels per day. "(2) TJie requirements in paragraph (1) shall cease to apply when the quantity of petroleum products stored within the Strategic Petroleum Reserve is at least 750,000,000 barrels.".'

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Page:United States Statutes at Large Volume 95.djvu/645

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 619

FINANCING OF THE STRATEGIC PETROLEUM RESERVE

SEC. 1034. (a)(1) Part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231-6246) is amended by adding at the end thereof the following: "SPR PETROLEUM ACCOUNT

"SEC. 167. (a) The Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the 'SPR Petroleum Account' (hereinafter in this section referred to as the 'Account'). "(b) Amounts in the Account may be obligated by the Secretary of Energy for the acquisition, transportation, and injection of petroleum products into the Strategic Petroleum Reserve, and the drawdown and delivery of petroleum products from the Reserve— "(1) in the case of fiscal year 1982, in an aggregate amount, not to exceed $3,900,000,000, as may be provided in advance in appropriation Acts; "(2) in the case of any fiscal year after fiscal year 1982, subject to section 660 of the Department of Energy Organization Act, in such aggregate amounts as may be appropriated in advance in appropriation Acts; and "(3) in the case of any fiscal year, notwithstanding section 660 of the Department of Energy Organization Act, in an aggregate amount equal to the aggregate amount of the receipts to the United States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under section 161. Funds available to the Secretary of Energy for obligation under this subsection may remain available without fiscal year limitation. "(c) The Secretary of the Treasury shall provide and deposit into the Account such sums as may be necessary to meet obligations of the Secretary of Energy under subsection (b). "(d) The Account, the deposits and withdrawals from the Account, and the transactions, receipts, obligations, outlays associated with such deposits and withdrawals (including petroleum product purchases and related transactions), and receipts to the United States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under section 161— "(1) shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States; and "(2) shall not be deemed to be budget authority, spending authority, budget outlays, or Federal revenues for purposes of title III of Public Law 93-344, as amended.". (2) The table of contents for the Energy Policy and Conservation Act is amended by adding after the item relating to section 166 the following new item: "Sec. 167. SPR Petroleum Account.".

(b) Section 166 of the Energy Policy and Conservation Act (42 U.S.C. 6246) is amended by striking out "and" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and", and by adding at the end thereof the following new paragraph:

Establishment. ^^ use 6247.

42 USC 7270.

42 USC 6241.

31 USC 1321.

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Page:United States Statutes at Large Volume 95.djvu/646

 95 STAT. 620

42 USC 6247 Ante p 619

PUBLIC LAW 97-35—AUG. 13, 1981 "(4) for the fiscal year ending September 30, 1982, not to exceed $260,000,000 to carry out the provisions of this part, except— "(A) acquisition, transportation, and injection of petroleum products for the Reserve, and "(B) the carrying out of any drawdown and distribution of the Reserve.". (c) The provisions of section 167(d) of such Act, as added by subsection (a) of this section, shall apply with respect to the outlays associated with unexpended balances of appropriations made available and obligated as of the end of fiscal year 1981 for the acquisition, transportation, and injection of petrolem products for the Strategic Petroleum Reserve to the same extent and manner as such provisions apply with respect to withdrawals from the SPR Petroleum Account. QUARTERLY REPORTS

SEC. 1035. (a) Section 166 of the Energy Policy and Conservation Act (42 U.S.C. 6245) is amended by inserting "(a)" before "The Secretary" and by adding at the end thereof the following new subsection: "(b)(l) On or before the fifteenth day of the second calendar quarter which begins after the date of the enactment of this subsection and every calendar quarter thereafter, the Secretary shall report to the Congress on activities undertaken with respect to the Strategic Petroleum Reserve under the amendments made by the Strategic Petroleum Reserve Amendments Act of 1981, including— "(A) the amounts of petroleum products stored in the Reserve, under contract and in transit at the end of the previous calendar quarter; "(B) the projected fill rate for the Strategic Petroleum Reserve for the then current calendar quarter and the previous calendar quarter; "(C) the average price of the petroleum products acquired during the previous calendar quarter; "(D) existing and projected Strategic Petroleum Reserve storage capacity and plans to accelerate the acquisition or construction of such capacity; "(E) an analysis of any existing or anticipated problems associated with acquisition, transportation, and storage of petroleum products in the Reserve and with the expansion of storage capacity for the Reserve; and "(F) the amount of funds obligated by the Secretary from the SPR Petroleum Account, as well as other funds available for the Reserve, during the previous calendar quarter and in total under the amendments made by such Act. "(2) The first report submitted under paragraph (1) shall include— "(A) a detailed statement on the planned use of the SPR Petroleum Account as well as other funds available for the Strategic Petroleum Reserve; "(B) a description of the current Strategic Petroleum Reserve Plan, including any proposed or anticipated amendments to the Plan; and "(C) detailed plans of the Secretary for acquisition or new construction of storage and related facilities.".

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Page:United States Statutes at Large Volume 95.djvu/647

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 621

STUDY ON ULTIMATE SIZE OF RESERVE

SEC. 1037. Not later than 6 months after the date of the enactment of this Act, the Secretary of Energy shall conduct a study, and prepare and transmit a report thereon to the President and the Congress, on whether the final storage level set forth in the Strategic Petroleum Reserve Plan should be amended. Such report shall include an analysis of the costs and benefits to the Government (and the nation) which are associated with achieving— (1) the final storage level currently set forth in the plan, and (2) any other larger or smaller final storage level which might be appropriate. EFFECTIVE DATE

SEC. 1038. The provisions of this title shall take effect on the date of 42 USC 6240 the enactment of this Act. ^°^-

Subtitle D—Voluntary Building Energy Conservation Standards VOLUNTARY STANDARDS

SEC. 1041. (a) The Energy Conservation Standards for New Buildings Act of 1976 is amended by striking out "performance standards" 42 USC 680i each place it appears, except in section 306, and inserting in lieu 42^use 6835 thereof "voluntary performance standards". (b) The Energy Conservation Standards for New Buildings Act of 1976 is amended by striking out sections 305 and 307 (42 U.S.C. 6834 and 6836). (c) Section 304(a) of the Energy Conservation Standards for New Buildings Act of 1976 (42 U.S.C. 6833(a)) is amended— (1) by adding at the end thereof the following new paragraph: "(4) Except in the case of Federal buildings as required under section 306, voluntary performance standards under this subsection shall be developed solely as guidelines for the purpose of providing technical assistance for the design and construction of energy efficient buildings."; (2) by striking out "the effective date of final performance standards promulgated pursuant to this paragraph" where it appears in paragraphs (1) and (2) and inserting in lieu thereof "April 1, 1984,"; and (3) by striking out ", and shall become effective within a reasonable time not to exceed 1 year after the date of promulgation, as specified by the Secretary" where it appears in paragraphs (1) and (2). (d) Section 306 of such Act (42 U.S.C. 6835) is amended by striking out "Upon the effective date of the final performance standards promulgated pursuant to such section," and inserting in lieu thereof "Not later than April 1, 1984,". (e) Section 308 of such Act (42 U.S.C. 6837) is amended by striking out "meeting the requirements of this title" and inserting in lieu thereof "furthering the design and construction of energy efficient buildings". (f) The table of sections for such Act is amended by striking out the items relating to sections 305 and 307.

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Page:United States Statutes at Large Volume 95.djvu/648

 95 STAT. 622

PUBLIC LAW 97-35—AUG. 13, 1981 Subtitle E—Office of Federal Inspector for the Alaska Natural Gas Transportation System FUNDING LIMITATION

15 USC 719e note.

SEC. 1051. Notwithstanding any other provision of law, there shall not be appropriated for programs of the Office of Federal Inspector for the Alaska Natural Gas Transportation System in excess of $21,038,000 for the fiscal year ending September 30, 1981; $36,568,000 for the fiscal year ending September 30, 1982; in excess of $45,532,000 for the fiscal year ending September 30, 1983, and $46,908,000 for the fiscal year ending September 30, 1984.

Subtitle F—Biomass Energy and Alcohol Fuels DEPARTMENT OP AGRICULTURE 94 Stat. 685.

SEC. 1061. Section 204(a) of the Biomass Energy and Alcohol Fuels Act of 1980 (42 U.S.C. 8803(a)) is amended by striking out "$600,000,000" in paragraph (1) and inserting in lieu thereof "$460,000,000". DEPARTMENT OF ENERGY

SEC. 1062. Section 204(a) of the Biomass Energy and Alcohol Fuels Act of 1980 (42 U.S.C. 8803(a)) is amended by striking out "$600,000,000" in paragraph (2) and inserting in lieu thereof "$460,000,000". CONFORMING AMENDMENT

SEC. 1063. Section 204(a) of the Biomass Energy and Alcohol Fuels Act of 1980 (42 U.S.C. 8803(a)) is amended by striking out "$1,450,000,000" and inserting in lieu thereof "$1,170,000,000".

Subtitle G'Solar Bank FISCAL YEAR 1982, 1983, AND 1984 AUTHORIZATIONS 12 USC 3620 note. 94 Stat. 737.

SEC. 1071. In lieu of the amounts authorized by subsections (a) and (b) of section 522 of the Solar Energy and Energy Conservation Act of 1980 (12 U.S.C. 3620) to be appropriated for fiscal years 1982, 1983, and 1984, there is authorized to be appropriated for each such fiscal year not to exceed $50,000,000 to provide financial assistance under subtitle A of such Act for the purchase and installation of residential and commercial energy conserving improvements and of solar energy systems. Any funds appropriated pursuant to the preceding authorization may remain available without fiscal year limitation.

TITLE XI—TRANSPORTATION AND RELATED PROGRAMS Subtitle A—Aviation Fiscal Year 1981

PART 1—FISCAL YEAR 1981 AIRPORT DEVELOPMENT

Airport

Development Authorization 49 USC 1701 note.

g^c. HQl. This part may be cited as the "Fiscal Year 1981 Airport Development Authorization Act".

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Page:United States Statutes at Large Volume 95.djvu/649

 PUBLIC LAW 97-35—AUG. 13, 1981 SEC. 1102. (a) Section 14(a)(3) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1714(a)(3)) is amended by striking out "and" after "1979," and by striking out the period at the end thereof and inserting in lieu thereof ", and $387,000,000 for fiscal year 1981.". (b) Section 14(a)(4) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1714(a)(4)) is amended by striking out "and" after "1979," and by striking out the period at the end thereof and inserting in lieu thereof ", and $63,000,000 for fiscal year 1981.". (c) In addition to the purposes otherwise authorized, amounts authorized under sections 14(a)(3) and 14(a)(4) of the Airport and Airway Development Act of 1970 for fiscal year 1981 shall also be authorized for airport system planning, airport master planning, and airport noise compatibility planning, all in accordance with section 13 of such Act, and for carrying out noise compatibility programs under section 104(c) of the Aviation Safety and Noise Abatement Act of 1979. The apportionment of such amounts under section 15 of the Airport and Airway Development Act of 1970 shall be made as soon as possible after the date of enactment of this part and for purposes of sections 14(b), 15, and 19 of the Airport and Airway Development Act of 1970 relating to authority to incur obligations and to enter into project grant agreements all the purposes set forth in the preceding sentence shall be deemed to be airport development within the meaning of such Act. The Secretary shall obligate from funds available for fiscal year 1981 under section 14(a)(3) of the Airport and Airway Development Act of 1970 not less than $25,000,000 for carrying out noise compatibility programs under section 104(c) of the Aviation Safety and Noise Abatement Act of 1979. (d) Section 14(b)(2) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1714(b)(2)) is amended by striking out "1980" and inserting in lieu thereof "1981". (e) Section 15(a)(3)(AXI) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1715(a)(3)(AXI)) is amended by striking out "1980" and inserting in lieu thereof "1981". (f) Section 15(a)(3)(AXII) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1715(a)(3)(A)(II)) is amended by striking out "1980" and inserting in lieu thereof "1981". (g) Section 15(a)(3)(B)(i) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1715(a)(3)(B)(i)) is amended by striking out "1980" and inserting in lieu thereof "1981". (h) Section 15(a)(4) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1715(a)(4)) is amended by striking out "fiscal year 1980" each place it appears and inserting in lieu thereof "each of the fiscal years 1980 and 1981". (i) Section 17(a)(2)(A) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1717(a)(2)(A)) is amended by striking out "fiscal year 1980" and inserting in lieu thereof "fiscal years 1980 and 1981". (j) Notwithstanding any other provision of the Airport and Airway Development Act of 1970, the Secretary of Transportation may approve an application under such Act before October 1, 1981, for a project which was begun after September 30, 1980, and before the date of the enactment of this part. If such an application is approved, costs incurred under such project after September 30, 1980, and before the date of approval of such project shall be allowable costs to the extent they would be allowable costs under the provisions of such Act of 1970 (other than provisions making costs allowable only if incurred after the execution of the grant agreement) if incurred after the date of such project approval.

95 STAT. 623

49 USC 1714 "°*®-

49 USC 1713. 49 USC 2104. 49 USC 1715. 49 USC 1714, ^^^^' ^^^^•

49 USC 1716 "°*®

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Page:United States Statutes at Large Volume 95.djvu/650

 95 STAT. 624

49 USC 1701 "°^49 USC 2104.

49 USC 1742.

49 USC 1701. 49 USC 1701 ^a^ior 91 ni note. Ante, p. 622.

PUBLIC LAW 97-35—AUG. 13, 1981 (k) Notwithstanding any other provision of law, the Secretary of Transportation shall obligate from funds available for fiscal year 1981 under the Airport and Airway Development Act of 1970 $15,000,000 for carrying out noise compatibility programs at Cannon International Airport in Reno, Nevada, in accordance with section 104(c) of the Aviation Safety and Noise Abatement Act of 1979. Such funds shall remain available until expended. Of the amount obligated for projects described in this subsection, only that portion of such amount which exceeds $10,000,000 and is less than or equal to $15,000,000 shall be counted as part of the $25,000,000 required to be obligated by the last sentence of subsection (c) of this section. SEC. 1103. (a) Section 208(f)(1) of the Airport and Airway Revenue Act of 1970 is amended by striking out "1980" and inserting in lieu thereof "1981". (b) Subparagraph (A) of section 208(f)(1) of the Airport and Airway Revenue Act of 1970 is amended to read as follows: "(A) incurred under title I of this Act or of the Airport and Airway Development Act Amendments of 1976 or of the Aviation Safety and Noise Abatement Act of 1979 or under the Fiscal Year 1981 Airport Development Authorization Act (as such Acts were in effect on the date of enactment of the Fiscal Year 1981 Airport Development Authorization Act);". PART 2—ADDITIONAL PROVISIONS RELATING TO AIRPORT DEVELOPMENT SEC. 1104. If the Senate and the House of Representatives approve a conference report on the Airport and Airway Improvement Act of 1981 which includes new budget authority for airport development, airport planning, airport noise compatibility planning, and carrying out noise compatibility programs which exceeds $450,000,000 for fiscal year 1981 or which exceeds an aggregate amount of $1,050,000,000 for fiscal years 1981 and 1982, then before the bill which is the subject of such conference report is enrolled, the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, is directed to include the following provision in the bill: "Notwithstanding any other provision of law, the total amount which may be obligated for airport development, airport planning, airport noise compatibility planning, and carrying out noise compatibility programs from amounts in the Airport and Airway Trust Fund which were not available for obligation during any previous fiscal year shall not exceed $450,000,000 for fiscal year 1981 and shall not exceed an aggregate amount of $1,050,000,000 for fiscal years 1981 and 1982.".

Subtitle B—Highways and Highway Safety 23 USC 104 note.

SEC. 1106. (a) Notwithstanding any other provision of law, the total of all obligations for Federal-aid highways and highway safety construction programs for fiscal year 1982 shall not exceed $8,200,000,000. This limitation shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, or projects covered under section 147 of the Surface Transportation 23 USC 144 note. Assistance Act of 1978. No obligation constraints shall be placed upon any ongoing emergency project carried out under section 125 of title 23, United States Code, or section 147 of the Surface Transportation .^sistance Act of 1978.

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Page:United States Statutes at Large Volume 95.djvu/651

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 625

(b) Notwithstanding any other provision of law, the total of all obligations for Federal-aid highways and highway safety construction programs for fiscal year 1983 shall not exceed $8,800,000,000. This limitation shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, or projects covered under section 147 of the Surface Trguisportation Assistance Act of 1978. No obligation constraints shall be placed upon any ongoing emergency project carried out under section 125 of title 23, United States Code, or section 147 of the Surface Transportation Assistance Act of 1978.

23 USC 144 note.

(c) For each of the fiscal years 1982 and 1983, the Secretary of Transportation shall distribute the limitation imposed by subsections (a) and (b) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to each State for each such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to all the States for each such nscal year. (d) During the periods October 1 through December 31, 1981, and October 1 through December 31, 1982, no State shall obligate more than 35 per centum of the amount distributed to such State under subsection (c), and the total of all State obligations during such jperiod shall not exceed 25 per centum of the total amount distributed to all States under such subsection. (e) Notwithstanding subsections (c) and (d), the Secretary shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; (2) after August 1, 1982, and after August 1, 1983, revise a distribution of the funds made available under subsection (c) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year; and (3) not distribute amounts authorized for administrative expenses and forest highways. SEC. 1107. (a)(1) There is hereby authorized to be appropriated for 23 USC 402 note. carrying out section 402 of title 23, United States Code (relating to highway safety programs), by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, $100,000,000 per fiscal year for each of the flsc^ years ending September 30, 1982, September 30, 1983, and September 30, 1984. (2) Out of the funds authorized to be appropriated under paragraph (1) of this subsection for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, not less than $20,000,000 per fiscal year shall be obligated under section 402 of title 23, United States Code, for the purpose of enforcing the fifty-five miles per hour speed limit established by section 154 of such title. 23 USC 154. (3) Each State shall expend each fiscal year not less than 2 per centum of the amount apportioned to it for such fiscal year of the sums authorized by paragraph (1) of this subsection, for programs to encourage the use of safety belte by drivers of, and passengers in, motor vehicles. (b) Notwithstanding any other provision of law, the total of all obligations for highway safety programs carried out by the National

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Page:United States Statutes at Large Volume 95.djvu/652

 95 STAT. 626

23 USC 402 note. Rulemaking.

Transmittal to Congress.

92 Stat. 2727.

PUBLIC LAW 97-35—AUG. 13, 1981 Highway Traffic Safety Administration under section 402 of title 23, United States Code, shall not exceed $100,000,000, per fiscal year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, and the total of all obligations for highway safety programs carried out by the Federal Highway Administration under section 402 of title 23, United States Code, shall not exceed $10,000,000, per fiscal year for each of such fiscal years. (c) Effective October 1, 1982, subsection (h) of section 402 of title 23, United States Code, is repealed. (d) Section 402(j) of title 23, United States Code, is amended to read as follows: "(j) The Secretary of Transportation shall, not later than September 1, 1981, begin a rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Such rule shall be promulgated taking into account consideration of the States having a major role in establishing these programs. Not later than April 1, 1982, the Secretary shall promulgate a final rule establishing those programs determined most effective in reducing accidents, injuries, and deaths. Before such rule shall take effect, it shall be transmitted to Congress. If such rule is not transmitted by April 1, 1982, it shall not take effect before October 1, 1983. If such rule is transmitted by April 1, 1982, it shall take effect October 1, 1982, unless before June 1, 1982, either House of Congress by resolution disapproves such rule. If such rule is disapproved by either House of Congress, the Secretary shall not apportion or obligate any amount authorized to carry out this section for the fiscal year ending September 30, 1983, or any subsequent fiscal year, unless specifically authorized to do so by a statute enacted after the date of enactment of the Omnibus Budget Reconciliation Act of 1981. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive Federal financial assistance under this chapter.". (e) Section 402(b)(1) of title 23, United States Code, is amended by striking out subparagraph (D) and by redesignating subparagraphs (E), (F), and (G) (and any references thereto) as subparagraphs (D), (E), and (F), respectively. SEC. 1108. (a) Section 154(f) of title 23, United States Code, is amended to read as follows: "(f) If the data submitted by a State pursuant to subsection (e) of this section show that the percentage of motor vehicles exceeding 55 miles per hour is greater than 50 percent, the Secretary shall reduce the State's apportionment of Federal-aid highway funds under each of sections 104(b)(l), 104(b)(2), and 104(b)(6) of this title in an aggregate amount of up to 5 percent of the amount to be apportioned for the following fiscal year, in the case of fiscal years 1982 and 1983, and up to 10 percent, in the case of subsequent fiscal years.". (b) Subsection (i) of section 154 of title 23, United States Code, is hereby repealed. SEC. 1109. (a) Section 202 of the Highway Safety Act of 1978 is amended as follows: (1) Paragraph (1) is amended by striking out "per fiscal year for each of the fiscal years ending September 30, 1981, and September 30, 1982." and inserting in lieu thereof "for the fiscal year ending September 30, 1981.'. (2) Paragraph (2) is amended by striking out "September 30, 1981, and September 30, 1982." and inserting in lieu thereof "and September 30, 1981, and $31,000,000 per fiscal year for each of

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Page:United States Statutes at Large Volume 95.djvu/653

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 627

the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984.". (3) Paragraph (3) is amended by striking out "September 30, 92 Stat. 2727. 1981, and September 30, 1982." and inserting in lieu thereof "and September 30, 1981, and $10,000,000 per fiscal year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984.". (4) Paragraph (4) is amended in the first sentence by striking out "September 30, 1981, and September 30, 1982." and inserting in lieu thereof "and September 30, 1981.". Paragraph (4) is amended in the second sentence by striking out "September 30, 1981, and September 30, 1982." and inserting in lieu thereof "and September 30, 1981.". (5) Paragraph (5) is amended by striking out the period at the end thereof and inserting in lieu thereof ", and $13,000,000 per fiscal year for each of the fiscal years ending September 30, 1983, and September 30, 1984.". (6) Paragraph (9) is amended by striking out the period at the end thereof and inserting in lieu thereof and $1,500,000 for the fiscal year ending September 30, 1983. Section 406 of title 23, United States Code, is repealed effective upon the obligation and expenditure of all funds authorized to carry out such section.". (7) Paragraph (10) is amended by inserting "and" after "1980," and by striking out ", and $15,000,000 for the fiscal year ending September 30, 1982." and inserting in lieu thereof a period. (b)(1) Of the funds authorized to be appropriated by section 202(1) of the Highway Safety Act of 1978 for any fiscal year ending before 92 Stat. 2727. October 1, 1981, which have not been obligated for expenditure before such date, $133,000,000 shall not be available for obligation, and shall no longer be authorized, on and after such date. (2) Of the funds authorized to be appropriated by section 202(3) of the Highway Safety Act of 1978 for any fiscal year ending before October 1, 1981, which have not been obligated for expenditure before such date, $40,000,000 shall not be available for obligation, and shall no longer be authorized, on and after such date. (c) Section 206 of the Highway Safety Act of 1978 is amended by 92 Stat. 2731. inserting "and" after "1980," and by striking out "and September 30, 1982,".

Subtitle C—Public Mass Transportation SEC. 1111. (a) The Urban Mass Transportation Act of 1964 is amended as follows: (1) Section 4(c)(3)(A) is amended by striking out 49 USC 1603. "$1,600,000,000" and inserting in lieu thereof "$1,515,000,000". (2) Section 4(e) is amended by striking out "$120,000,000" and inserting in lieu thereof "$75,000,000". (3) Section 4(f) is amended by striking out "$105,000,000" and inserting in lieu thereof "$100,000,000". (4) Section 4(g) is amended by striking out the period at the end thereof and inserting in lieu thereof ", except that there are authorized to be appropriated not to exceed $600,000,000 for such projects for the fiscal year ending September 30, 1982.". (5) Section 5(a)(1)(B) is amended by striking out "$900,000,000 49 USC 1604. in each fiscal year for the fiscal years ending September 30, 1981, and September 30, 1982." and inserting in lieu thereof "$900,000,000 for the fiscal year ending September 30, 1981, and $850,000,000 for the fiscal year ending September 30, 1982.".

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Page:United States Statutes at Large Volume 95.djvu/654

 95 STAT. 628 49 USC 1604.

49 USC 1608 ^°^49 USC 1601 '^"t^

PUBLIC LAW 97-35—AUG. 13, 1981 (6) Section 5(a)(2)(B) is amended by striking out "$250,000,000" the last place it appears and inserting in lieu thereof "$165,000,000". (7) Section 5(a)(3)(B) is amended by striking out "$160,000,000" and inserting in lieu thereof "$90,000,000". (8) Section 5(a)(4)(B) is amended by striking out "$455,000,000" and inserting in lieu thereof "$375,000,000". (b) Notwithstanding any other provision of law, the total amount authorized to be appropriated for the fiscal year ending September 30, 1982, under the Urban Mass Transportation Act of 1964 shall not exceed $3,792,000,000.

Subtitle D—Railroad Retirement and Related Matters SEC. 1116. (a) The last sentence of section 1(f)(1) of the Railroad 45 USC 231. Retirement Act of 1974 is amended to read as follows: "Ultimate fractions shall be taken at their actual value.". (b) Section l(o) of the Railroad Retirement Act of 1974 is amended— (1) by inserting "the National Transportation Safety Board," after "the National Mediation Board,"; and (2) by inserting after the first sentence the following: "For 45 USC 231a. purposes of section 2(b) and section 2(d) only, an individual shall be deemed also to have *a current connection with the railroad industry' if, after having completed twenty-five years of service, such individual involuntarily and without fault ceased rendering service as an employee under this Act and did not thereafter decline an offer of employment in the same class or craft as the individual's most recent employee service. For purposes of section 2(d) only, an individual shall be deemed to have a 'current connection with the railroad industry' if a pension will have been payable to that individual under the Railroad Retirement Act of 45 USC prec. 231 1937 or a retirement annuity based on service of not less than 10 ^°^years (as computed in awarding the annuity) will have begun to accrue to that individual prior to 1948 under the Railroad Retirement Act of 1937.". SEC. 1117. (a)(1) Section 2(b)(l) of the Railroad Retirement Act of 45 USC 231a. 1974 is amended— (A) by striking out "(1) An individual" and inserting in lieu thereof "An individual"; (B) by striking out "in subdivision (2) of this subsection and"; (C) by striking out "and" at the end of paragraph (iii); (D) by inserting "and" at the end of paragraph (iv); and (E) by inserting after paragraph (iv) the following new paragraph: "(v) has performed compensated service in at least one month prior to October 1, 1981;" (2) Section 2(b) of the Railroad Retirement Act of 1974 is amended— (A) by striking out subdivision (2); and (B) by striking out subdivision (3); (b) Section 2(c) of the Railroad Retirement Act of 1974 is amended— (1) by inserting "or a divorced wife who would be entitled to an annuity under subdivison (4)" after "under subdivision (1)" in subdivision (2); (2) by striMng out "1/180" and inserting in lieu thereof "1/144'^ in subdivision (2); (3) b^ striking out "spouse" the second place it appears in subdivision (2) and adding in lieu thereof spouse or divorced wife"; and

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Page:United States Statutes at Large Volume 95.djvu/655

 PUBLIC LAW 97-35—AUG. 13, 1981 (4) by adding at the end thereof the following new subdivision (4): "(4) The 'divorced wife' (as defined in section 216(d) of the Social Security Act) of an individual, if— (i) such individual (A) is entitled to an annuity under subsection (a)(1) and (B) has attained the age 62; "(ii) such divorced wife (A) has attained the age of 65 and (B) is not married; and "(iii) such divorced wife would have been entitled to a benefit under section 202(b) of the Social Security Act as the divorced wife of such individual if all of such individual's service as an employee after December 31, 1936, had been included in the term 'employment' as defined in that Act; shall, subject to the conditions set forth in subsections (e), (f), and (h), be entitled to a divorced wife's annuity, if she has filed an application therefor, in the amount provided under section 4 of this Act". (c) Section 2(d) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "and" at the end of subdivision (I)(iii); (2) by striking out the period at the end of subdivision (l)(iv) and inserting in lieu thereof "; and"; and (3) by adding at the end of subdivision (1) the following new paragraph: "(v) The widow (as defined in section 216(c) of the Social Security Act), who is married, or has been married after the death of the employee, the surviving divorced wife (as defined in section 216(d) of the Social Security Act), and a surviving divorced mother (as defined in section 216(d) of the Social Security Act) if such widow, surviving divorced wife, or surviving divorced mother would have been entitled to a benefit under section 202(e) or 202(g) of the Social Security Act as the widow, surviving divorced wife, or surviving divorced mother of the employee if all of his service as an employee after December 31, 1936, had been included in the term 'employment' as defined in that Act. For the purpose of this paragraph, the reference in sections 202(e)(3) and 202(g)(3) of the Social Security Act to an individual entitled under section 202(f) of that Act shall include an individual entitled to an annuity under section 2(d)(l)(i) of this Act and an individual entitled to an annuity under section 2(d)(l)(ii) of this Act, and the reference in section 202(e)(3) and section 202(g)(3) of the Social Security Act to an individual entitled under section 202(d) or section 202(h) of that Act shall include an individual entitled to an annuity under section 2(d)(l)(iii) or section 2(d)(l)(iv) of this Act, and the references in section 202(g)(3) of the Social Security Act to an individual entitled under section 202(a) or section 223(a) of that Act shall include an individual entitled to an annuity under section 2(a)(1) of this Act.". (d) Section 2(e)(5) of the Railroad Retirement Act of 1974 is amended by striking out "spouse" each place it appears and inserting in lieu thereof "spouse or divorced wife". (e)(1) Section 2(f)(2) of the Railroad Retirement Act of 1974 is amended by inserting "or divorced wife's" after "spouse's" each place (other than the second place) it appears. (2) Section 2(f) of such Act is amended by adding at the end thereof the following new subdivisions: "(3) Deductions shall not be made pursuant to subdivision (1) from that portion of an individual's annuity as is computed under section 3(a) of this Act for any month in which the annuity of such individual is reduced pursuant to section 3(m) of this Act. This subdivision shall

95 STAT. 629

42 USC 416.

42 USC 402.

45use23ic. 45 USC 23ia.

45 USC 23 lb.

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Page:United States Statutes at Large Volume 95.djvu/656

 95 STAT. 630

45 USC 231c. 42 USC 401.

45 USC 231a.

45 USC 231b.

45 USC 23lf.

PUBLIC LAW 97-35—AUG. 13, 1981 be disregarded in determining the applicability and amount of deductions in a spouse's annuity pursuant to subdivision (2) of this subsection. "(4) Deductions shall not be made pursuant to subdivision (2) from that portion of a spouse's annuity as is computed under section 4(a) of this Act for any month in which the annuity of such spouse is reduced due to entitlement to a benefit under title II of the Social Security Act.

"(5) If an annuity begins to accrue on other than the first day of a month, subdivisions (1) and (2) of this subsection shall not apply in the year the annuity begins to accrue if the annuitant has no earnings in excess of the monthly exempt amount in such year after the annuity beginning date.". (f) Section 2(g)(2) of the Railroad Retirement Act of 1974 is amended by striking out "is under the age of seventy-two and is" and inserting in lieu thereof "would be". (g) Section 2(h) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "spouse" in subdivision (1) and inserting in lieu thereof "spouse or divorced wife", and (2) by striking out "spouse" the first place it appears in subdivision (3) and inserting in lieu thereof "spouse or divorced wife". SEC. 1118. (a) Subsection (b) of section 3 of the Railroad Retirement Act of 1974 is amended to read as follows: "(b)(1) The amount of the annuity of an individual provided under subsection (a) shall be increased by an amount equal to seven-tenths of 1 per centum of the product which is obtained by multiplying such individual's 'y^^rs of service' by such individual's 'average monthly compensation' as determined under this subsection. The annuity amount payable to the individual under this subsection shall be reduced by 25 per centum of the annuity amount computed for such individual under subsection (h)(1) or (h)(2), and subsection (h)(5), of this section without regard to section 7(c)(l) of this Act. An individual's 'average monthly compensation' for purposes of this subsection shall be the quotient obtained by dividing by 60 such individual's total compensation for the 60 months, consecutive or otherwise, during which such individual received that individual's highest monthly compensation, except that no part of any month's compensation in excess of the maximum amount creditable for any individual for such month under subsection 0) of this section shall be recognized. In determining the months of compensation to be used for purposes of this subsection, the total compensation reported for the individual under section 9 of this Act or credited to such individual under subsection (j) of this section for a year divided by the number of months of service credited to such individual under subsection (i) of this section with respect to such year shall be considered the monthly compensation of the individual for each month of service in any year for which records of the Board do not show the amount of compensation paid to the individual on a monthly basis. If the 'average monthly compensation' computed under this subsection is not a multiple of $1, it shall be rounded to the next lower multiple of $1. "(2) For purposes of subdivision (1) of this subsection, in determining 'average monthly compensation' for an individual who has not engaged in employment for an employer in the 60-month period preceding the month in which such individual's annuity began to accrue, and whose major employment during such 60-month period was for a United States department or agency named in section l(o) of

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Page:United States Statutes at Large Volume 95.djvu/657

 PUBLIC LAW 97-35—AUG. 13, 1981 this Act, the amount of compensation used with respect to each month used in making such determination shall be the product of— "(i) the compensation credited to such individual for such month under paragraph (1) of this subsection; and "(ii) the quotient obtained by dividing— "(I) the average of total wages (as determined under section 215(b)(3)(A)(iiXI) of the Social Security Act) for the second calendar year preceding the earliest of the year of the individual's death or the year in which an annuity begins to accrue to such individual (disregarding an annuity based on disability which is terminated because such individual has recovered from such disability if such individual engages in any regular employment after such termination); by "(11) the average of total wages (as determined under section 215(b)(3)(A)(iiXII) of the Social Security Act) for the calendar year during which such month occurred, unless such month occurred prior to calendar year 1951, in which case, the average of total wages so determined for 1951. In no event shall 'average monthly compensation' determined for an individual under this subdivision exceed the maximum 'average monthly compensation' which can be determined under subdivision (1) of this subsection for any person retiring January 1 of the year in which such individual's annuity began to accrue.". (b) Subsections (c) and (d) of section 3 of the Railroad Retirement Act of 1974 are repealed. (c)(1) Section 3(fKl) is amended by striking out "subsections (b), (c), and (d)" each place it appears and inserting in lieu thereof "subsection (b)". (2) Section 3(f) of the Railroad Retirement Act of 1974 is amended by striking out of subdivision (1) all after "effective after the date on which such" and before "(A) 100 per; centum of his" and inserting in lieu thereof "individual's annuity under section 2(a)(l) of this Act begins to accrue, exceed an amount equal to the sum of'. (d) Subsection (g) of section 3 of the Railroad Retirement Act of 1974 is amended to read as follows: "(g) Effective with the month of June for any year after 1981, that portion of the annuity of an individual which is computed under subsection (b) of this section shall, if such individual's annuity under section 2(a)(l) of this Act began to accrue on or before June 1 of such year, be increased by 32.5 per centum of the percentage increase, if any (rounded to the nearest one-tenth of 1 per centum), obtained by comparing (A) the unadjusted Consumer Price Index for the calendar quarter ending March 31 of such year with (B) the higher of (i) such index for the calendar quarter ending March 31 of the year immediately preceding such year or (ii) such index for the calendar quarter ending March 31 of any preceding year after 1980. The unadjusted Consumer Price Index for any calendar quarter shall be the arithmetical mean of such index for the three months in such quarter.". (e) Section 3(h) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "subsections (a) through (d)" each place it appears and inserting in lieu thereof "subsections (a) and (b)"; (2) by striking out all after "January 1, 1975," in section 3(h)(5) and inserting in lieu thereof "to the earlier of the date on which the individual's annuity under section 2(a)(l) of this Act began to accrue or January 1, 1982.", and (3) by adding at the end thereof the following new subdivision:

9-194 O—82

42: QL3

95 STAT. 631

42 USC 415.

45 USC 23ib.

45 USC 23ia.

45USe23ib.

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Page:United States Statutes at Large Volume 95.djvu/658

 95 STAT. 632

PUBLIC LAW 97-35—AUG. 13, 1981

"(6) No amount shall be payable to an individual under subdivision (3) or (4) of this subsection unless the entitlement of such individual to such amount had been determined prior to the date of the enactment of this subdivision.". 45 USC 231b. (f) Subsection (j) of section 3 of the Railroad Retirement Act of 1974 is amended— (1) by striking out "the average compensation paid to an employee with respect to calendar months included in his 'years of service* " the first place it appears in the first sentence thereof and inserting in lieu thereof the following: "computed in the manner specified in section 3(b) of this Act"; and (2) by striking out "If the 'average monthly compensation' computed under this subsection is not a multiple of $1, it shall be rounded to the next lower multiple $1.". (g) Subsection (1) of section 3 of the Railroad Retirement Act of 1974 is amended to read as follows: "(1)(1) Except as provided in subdivision (2) of this subsection, if an annunity awarded under section 2(a)(l)(iii) or under section 2(c)(2) of 45 USC 231a. this Act is increased or decreased either by a change in the law or by a recomputation, the reduction on account of age in the amount of such increase or decrease shall be computed as though such increased or decreased annunity amount had been in effect for and after the month in which the annuitant first became entitled to such annunity under section 2(a)(l)(iii) or section 2(c)(2). "(2) The reduction required under section 2(a)(l)(iii) or section 2(c)(2) may be applied separately to each of the annuity amounts computed under subsections (a), (b), and (h) of this section and subsections (a), (b), and (e) of section 4. For this purpose, in any case in which an annuity amount was computed for an individual under the 45 USC 231 et provisions of this Act or of Public Law 93-445 prior to October 1, 1981, an annunity amount computed under subsections (a), (b), (c), (d) and 45 USC 231c. (h) of this section, subsection (a), (b), or (e) of section 4, and section 204 45 USC 231 note. QJ. section 206 of Public Law 93-445 shall be reduced by its proportionate share of the reduction on account of age. For purposes of the preceding sentence, annuity amounts computed for an individual under subsections (b), (c), and (d) of section 3 prior to October 1981 shall be considered as one annuity amount.". 45 USC 231b. (h)(1) Section 3(m) of the Railroad Retirement Act of 1974 is amended by inserting ", after any reduction pursuant to paragraph (iii) of section 2(a)(l)," after "shalr'. (2) Section 3(m) of such Act is amended by inserting "(before any deductions on account of work)" after "monthly benefit', 45 USC 231c. SEC. 1119. (a) Section 4(a)(1) of the Railroad Retirement Act of 1974 is amended by striking out "spouse" each place it appears and inserting in lieu thereof "spouse or divorced wife". (b) Section 4(b) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "subsections (b), (c) and (d)" and inserting in lieu thereof "subsection (b)"; (2) by striking out "50" and inserting in lieu thereof "45"; (3) by striking out of the first sentence all after "was reduced by reason of the provisions of subsection (i)(2) of this section" and inserting in lieu thereof a period; (4) by striking out ", subject to the third proviso of this subsection"; and (5) by striking out the period at the end of the first sentence and by inserting in lieu thereof the following "(disregarding, for this purpose, any increase in such reduction which becomes effective after the later of the date such spouse's annuity under

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Page:United States Statutes at Large Volume 95.djvu/659

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 633

section 2(c) of this Act began to accrue or the date such spouse's annuity under section 2(a)(1) of this Act began to accrue).". (c) Section 4(c) of the Railroad Retirement Act of 1974 is amended by striking "wife's or husband's" and inserting in lieu thereof "monthly". (d) Section 4(e) of the Railroad Retirement Act of 1974 is amended— (1) by striking out all after "January 1, 1975," in subdivision (4) and inserting in lieu thereof "to the earlier of the date on which the individual's annuity under section 2(a)(1) of this Act began to accrue or January 1, 1982."; and (2) by adding at the end thereof the following new subdivision: "(5) No amount shall be payable to a person under subdivision (1), (2), or (3) of this subsection unless the entitlement of such person to such amount had been determined prior to the date of the enactment of this subdivision.". (e) Section 4(f) of such Act is amended— (1) by adding at the end of subdivision (1) "In the case of a widow or widower who is entitled to an annuity under section 2(d) of this Act solely on the basis of railroad service which was performed prior to January 1, 1937, the amount provided under this section with respect to any month shall not be less than the first amount appearing in column IV of the table appearing in section 215(a) of the Social Security Act as in effect on December 31, 1974, after reduction in accordance with the provisions of section 202(k) and 202(q) of that Act in the same manner as would be applicable to a widow's insurance benefit or widower's insurance benefit payable under section 202(e) or 202(f) of that Act."; and (2) by adding at the end thereof the following new subdivision: "(3) The annuity amount provided to a widow or widower under last sentence of subdivision (1) shall be increased by the same percentage or percentages as insurance benefits payable under section 202 of the Social Security Act are increased after the date on which such annuity begins to accrue,". (f) Section 4(f)(2) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "and" at the end of paragraph (i); (2) striking out the period at the end of paragraph (ii) and inserting in lieu thereof ", and"; and (3) by adding at the end thereof the following new paragraph: "(iii) The provisions of paragraphs (i) and (ii) of this subdivision shall not apply to the annuity of a widow, surviving divorced wife, or surviving divorced mother who is entitled to such annuity on the basis of the provisions of section 2(d)(l)(v) of this Act.". (g) Subsection (g) of section 4 of the Railroad Retirement Act of 1974 is amended to read as follows: "(g)(1) The amount of the annuity provided under subsection (f)(1) (other than the last sentence thereof) for a survivor of a deceased individual shall be increased by an amount equal to the appropriate one of the following percentages of that portion of the annuity computed under section 3(b) of this Act, before any reduction on account of age, to which such deceased individual would have been entitled for the month such survivor's annuity under section 2(d) of this Act began to accrue if such individual were living (deeming for this purpose that if such individual died before becoming entitled to an annuity under section 2(a)(1) of this Act, such individual became

45 USC 23ia. 45 USC 23ic.

42 USC 415. 42 USC 402.

45USe23ic.

Ante, p. 630.

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Page:United States Statutes at Large Volume 95.djvu/660

 95 STAT. 634 45 USC 231a.

Ante, p. 630.

45 USC 23id. 45 USC 231b.

42 USC 402.

PUBLIC LAW 97-35—AUG. 13, 1981 entitled to an annuity under subdivision (i) of such section 2(a)(1) in the month in which such individual died): "(i) In the case of a widow or widower, the increase shall be equal to 50 per centum of such portion of the deceased individual's annuity, but the amount of the annuity so determined shall be subject to reduction on account of age in the same manner as is applicable to the annuity amount determined for the widow or widower under subsection (f) and shall be subject to increase as provided in subdivision (4) of this subsection. "(ii) In the case of a parent, the increase shall be equal to 35 per centum of such portion of the deceased individual's annuity. "(iii) In the case of a child, the increase shall be equal to 15 per centum of such portion of the deceased individual's annuity. "(2) Whenever the total amount of the increases based on the deceased individual's portion of the annuity under section 3(b) of this Act as determined under subdivision (1) of this subsection for all survivors of a deceased employee is— "(i) less than an amount equal to 35 per centum of such portion of the deceased individual's annuity, the total increase shall, before any deductions under section 2(g) of this Act, be increased proportionately until the total increase is equal to 35 per centum of such portion of the deceased individual's annuity; or "(ii) more than an amount equal to 80 per centum of such portion of the deceased individual's annuity, the total increase shall, before any deductions under section 2(g) of this Act and before any reduction on account of age, be reduced proportionately until the total increase is equal to 80 per centum of such portion of the deceased individual's annuity. "(3) An annuity determined under this subsection for a month prior to the month in which application is filed, shall be reduced to any extent that may be necessary so that it will not render erroneous any annuity which, before the filing of such application, the Board has certified for payment for such prior month. "(4) If a widow or widower of a deceased employee is entitled to an annuity under section 2(a)(l) of this Act and if either such widow or widower or such deceased employee will have completed 10 years of service prior to January 1, 1975, the amount of the annuity of such widow or widower under subdivisions (1) through (3) of this subsection shall be increased by an amount equal to the amount, if any, by which (A) the widow's or widower's insurance annuity to which such widow or widower would have been entitled, upon attaining age 65, under section 5(a) of the Railroad Retirement Act of 1937 as in effect on December 31, 1974 (without regard to the proviso of that section or the first proviso of section 3(e) of that Act) on the basis of the deceased employee's remuneration and service prior to January 1, 1975, increased by the same percentage, or percentages, as widow's and widower's insurance benefits under section 202 of the Social Security Act are increased during the period from January 1, 1975, to the later of the date on which such widow's or widower's annuity under section 2(a)(1) of this Act began to accrue or the date on which such widow's or widower's annuity under section 2(d)(1) of this Act began to accrue, exceeds (B) the total of the annuity amounts to which such widow or widower was entitled (after any reductions pursuant to subsection (i)(2) of this section but before any deductions on account of work) under the preceding provisions of this subsection, subsection (f) of this section, and the amount determined under subsection (h) of this section before the proviso, as of the later of the date on which such widow's or widower's annuity under section 2(a)(1) of this Act began

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text:
Author:Christian David Ginsburg

Works

 * The Song of Songs (1857)
 * (in part)

title: Author:Christian David Ginsburg


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Page:United States Statutes at Large Volume 95.djvu/661

 PUBLIC LAW 97-35—AUG. 13, 1981 to accrue or the date on which such widow's or widower's annuity under section 2(d)(1) of this Act began to accrue. If a widow or widower of a deceased employee is not entitled to an annuity under section 2(a)(l) of this Act or to an old-age insurance benefit or a disability insurance benefit under the Social Security Act, the amount of the annuity to which such widow or widower is entitled under this subsection shall not be less than an amount which would cause the total of the annuity amounts to which such widow or widower is entitled (before any deductions on account of work) under this subsection and subsection (f)(1) of this section to equal the total of the annuity amounts to which such widow or widower was entitled (or would have been entitled except for the provisions of sections 2(e) and 2(f) of this Act) as a spouse under subsections (a), (b), and (e)(3) of this section (after any reduction on account of age) in the month preceding the employee's death. If a widow or widower of a deceased employee is entitled to an annuity under section 2(a)(l) of this Act or to an old-age insurance benefit or a disability insurance benefit under the Social Security Act, the amount of the annuity to which such widow or widower is entitled under this subsection shall not be less than an amount which would cause (A) the total of the annuity amounts to which such widow or widower is entitled (after any reductions pursuant to section 202(k) or 202(q) of the Social Security Act or subsection (i)(2) of this section but before any deductions on account of work) under this subsection and subsection (f) of this section to equal (B)(i) the total of the annuity amounts, if any, to which such widow or widower was entitled (or would have oeen entitled except for the provisions of sections 2(e) and 2(f) of this Act) as a spouse under subsections (a), (b), and (e) of this section (after any reduction on account of age) in the month preceding the employee^ death less (ii), if such widow or widower is entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act but was not entitled to such a benefit in the month preceding the employee's death, the amount by which the annuity amount payable under subsection (a) of this section to such widow or widower as a spouse in the month preceding the employee's death would have been reduced by reason of section 202(k) or 202(q) of the Social Security Act if such widow or widower had been entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act in the month preceding the employee's death in an amount equal to the amount of such benefit at the time such benefit first began to accrue to such vCidow or widower. "(5) This subsection shall not apply to the annuity of a widow, surviving divorced wife, or surviving divorced mother who is entitled to such annuity on the basis of the provisions of section 2(d)(l)(v) of this Act. "(6) That portion of the annuity of a survivor of an individual determined under subdivisions (1) and (2) of this subsection shall be increased whenever, and by the same percentage or percentages as, the annuity of the individual would have been increased pursuant to section 3(g) of this Act if such individual were still living.". (h) Section 4(h) of the Railroad Retirement Act is amended— (1) by inserting "(1)" after "(h)"; (2) by inserting after "during the period from January 1, 1975, to" the following "January 1, 1982 or, if earlier, to"; (3) by inserting after "202(k) and 202(q) of the Social Security Act" the first time it appears the following: "and subsection (i)(2) of this section"; and (4) by adding at the end the following new subdivision:

95 STAT. 635 45 USC 23la. 42 USC 1305.

42 USC 402.

45 USC 23lc.

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Page:United States Statutes at Large Volume 95.djvu/662

 95 STAT. 636

Ante, p. 629.

45 USC 231c.

45 USC 23id.

42 USC 402.

42 USC 401. 45 USC 231b.

45 USC 23ld.

PUBLIC LAW 97-35—AUG. 13, 1981 "(2) Subdivision (1) of this subsection shall not apply to the annuity of a widow, surviving divorced wife, or surviving divorced mother who is entitled to such annuity on the basis of the provisions of section 2(d)(l)(v) of this Act. No amount shall be payable to a person under subdivision (1) of this subsection unless the entitlement of such person to such amount had been determined prior to the date of the enactment of this subdivision.". (i) Section 4(i) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "spouse" each place it appears in subdivision (1) and subdivision (2) and inserting in lieu thereof "spouse or divorced wife"; (2) by inserting ", after a reduction pursuant to section 2(c)(2)" after "shall" in subdivision (1); (3) by striking out "wife's or husband's" in subdivision (1); and (4) by inserting "(before any deduction on account of work)" after "insurance benefit" in subdivision (1). SEC. 1120. (a) Section 5(a) of the Railroad Retirement Act of 1974 is amended— (1) by striking "and" at the end of paragraph (ii), (2) by striking out the period at the end of paragraph (iii) and inserting "; and in lieu thereof; and (3) by adding at the end thereof the following new pargigraphs: "(iv) in the case of an applicant otherwise entitled to an annuity under section 2(c)(4) or 2(d)(l)(v) of this Act, not earlier than the month an annuity would begin to accrue to such individual under such section if section 202(j)(l) and section 202(j)(4) of the Social Security Act were applicable to this Act. "(v) an annuity amount provided by section 3(h)(l) or 3(h)(2) shall not be paid to an individual otherwise eligible therefor for any month before the month such individual would be entitled, upon filing an application therefor, to an old<age insurance benefit or a disability insurance benefit under title II of the Social Security Act and an annuity amount provided by section 3(h)(3) or section 3(h)(4) shall not be paid to an individual otherwise eligible therefor for any month before the month such individual would be entitled, upon filing an application therefore, to an insurance benefit as a wife, husband, widow, or widower under title II of the Social Security Act; "(vi) an annuity amount provided by section 4(e)(l) or 4(e)(2) shall not be paid to a spouse otherwise eligible therefor for any month prior to the month such spouse would be entitled, upon filing an application therefor, to an old-age or disability insurance benefit under title II of the Social Security Act; and "(vii) an annuity amount provided by section 4(e)(3) shall not be paid to a spouse otherwise eligible therefor for any month prior to the month such spouse would be entitled, upon filing an application therefor, to a wife's or husband's insurance benefit under title II of the Social Security Act.". (b) Section 5(b) of such Act is amended by inserting "title II o f after "may be entitled under this Act or" in the second sentence thereof. (c) Section 5(c)(3) of the Rsdlroad Retirement Act of 1974 is amended by adding at the end thereof the following new sentence: "The entitlement of the divorced wife of an individual to an annuity under section 2(c) shall end on the last day of the month preceding the

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Page:United States Statutes at Large Volume 95.djvu/663

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 637

month in which (A) the divorced wife or the individual dies or (B) the divorced wife remarries.". (d) Section 5(c) of such Act is amended by adding at the end thereof 45 USC 23ld. the following new subdivision: "(9) No annuity shall accrue with respect to the calendar month in which an annuitant dies. In cases where an individual entitled to an annuity under this Act disappears, no annuity shall accrue to that individual with respect to any month until and unless such individual is shown, by evidence satisfactory to the Board, to have continued in life throughout such month, but— "(A) where an annuity would accrue for such month under section 2(a)(l) to an individual who had a current connection with 45 USC 23ia. the railroad industry at the time of such individual's disappearance, and under section 2(c) to such individual's spouse, had such individual been shown to be alive during such month, such individual shall be deemed, for the purposes of benefits under section 2(d), to have died in the month in which such individual disappeared, and where an annuity would accrue for such month under section 2(a)(l) to an individual who did not have a current connection with the railroad industry at the time of such individual's disappearance, and under section 2(c) to such individual's spouse, had such individual been shown to be alive during such month, such individual shall be deemed, for purposes of benefits payable under section 2(c), to be alive during such month unless the death of such individual has been established or the annuity of the spouse of such individual is otherwise terminated under subsection (c)(3) of this section, and "(B) if such individual is later determined to have been alive during any of such months, recovery of any benefits paid on the basis of such individual's compensation under section 2(d) for the months in which such individual was not known to be alive, minus the total of the amounts that would have been paid as a spouse's annuity during such months (treating the application for a widow's or widower's annuity as an application for a spouse's annuity), shall be made in accordance with section 10. For purposes of the payment of benefits under this Act, the death of an individual shall be presumed based on such individual's unexplained absence of not less than seven years, except that whenever the death of an individual is so established, such individual shall be deemed to have died in the month in which such individual QiS3.13T)6d.r6d

SEC. 1121.'(a) Section 6(a)(3) of the Railroad Retirement Act of 1974 45 USC 23ie. is amended— (1) by striking out "spouse" and inserting "spouse or divorced wife" in lieu thereof; and (2) by striking out "spouse's" and inserting "spouse's or divorced wife's" in lieu thereof. (b) Section 6(b)(2) of the Railroad Retirement Act of 1974 is amended by inserting "surviving divorced wife," after "widow," the first place it appears. (c) Section 6(c) of the Railroad Retirement Act of 1974 is amended— (1) by adding the following new sentence at the end of subdivision (1): "After a lump sum with respect to the death of an employee is paid pursuant to an election filed with the Board under the provisions of this subsection, no further benefits shall be paid under this Act or the Social Security Act on the basis of 42 USC 1305. such employee's compensation and service under this Act, except that nothing in this Act or the Social Security Act shall operate

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Page:United States Statutes at Large Volume 95.djvu/664

 95 STAT. 638 42 USC 401.

45 USC 23if.

45 USC 231b.

PUBLIC LAW 97-35—AUG. 13, 1981 to deprive a widow, widower, or parent making such election of any insurance benefit under title II of the Social Security Act to which such individual would have been entitled if the employee had not rendered service as an employee under this Act,";

(2) by inserting after "section 21 of the Railroad Retirement Act of 1937," in the first sentence of subdivision (2) thereof the following: "any supplemental annuity payments made to the employee under section 2(b) of this Act or section 3(j) of the Railroad Retirement Act of 1937,"; and (3) by striking out "spouse" the first place it appears in subdivision (2) and inserting in lieu thereof "spouse or divorced wife". SEC. 1122. (a) Section 7(b) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "wife" in subdivision (2)(B) and inserting in lieu thereof "wife or divorced wife"; and

(2) by striking out "this Act and the" where it appears in the first sentence of subdivision (7) and inserting in lieu thereof "this Act, the Railroad Unemployment Insurance Act,". (b)(1) Section 7(d) of such Act is amended by striking out "; or" at the end of paragraph (i) of subdivision (2) and inserting in lieu thereof: "or (C) bears a relationship to an employee which, by reason of section 3(f)(3) of this Act, has been, or would be, taken into account in calculating the amount of the annuity of such employee; or". (2) Section 7(d)(2) of the Railroad Retirement Act of 1974 is amended by striking out "spouse" and inserting in lieu thereof "spouse or divorced wife". (c) Section 7(c) of the Railroad Retirement Act of 1974 is amended by striking out the period at the end of subdivision (1) and by inserting in lieu thereof the following: ", and payments of annuity

45 USC 231b, amounts made under sections 3(h), 4(e), and 4(h) of this Act and under ??\%r 9 1. Q sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law 93-445 46 u&u zdi note, gj^^j ^ jjj^^g J.J.QJJJ ^jjg Q^gQ Benefits Payments Account. In any fiscal year, the total amounts paid under such sections shall not exceed the total sums appropriated to the Dual Benefits Pa5mients Regulations. Account for that fiscal year. The Board shall prescribe regulations for allocation of annuity amounts which would without regard to such regulations be payable under sections 3(h), 4(e), and 4(h) of this Act and sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law 93-445 so that the sums appropriated to the Dual Benefits Payments Account for a fiscal year so far as practicable, are expended in equal monthly installments throughout such fiscal year, and are distributed so that recipients are paid annuity amounts which bear the same ratio to the annuity amounts such recipients would have received but for such regulations as the ratio of the total sums

45 USC 23ii.

appropriated to pay such annuity amounts bear to the total sums necessary to pay such annuity amounts without regard to such regulations. Notwithstanding any other provision of law, the entitlement of an individual to an annuity amount under section 3(h), 4(e), or 4(h) of this Act or section 204(a)(3), 204(a)(4), 206(3), or 207(3) of Public Law 93-445 for any month in which the amount payable to such individual is allocated under the regulations prescribed by the Board under this subsection shall not exceed the amount so allocated for that month to such individual.". SEC. 1123. Section 10(a) of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new sentence: "The Board shall have the authority to recover from any payment which would be made to an individual by the Board under section

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 639

7(b)(2) of this Act the amount of annuity payments made to such 45 USC 23if. individual which are erroneous because of such individual's entitlement to monthly insurance benefits under title II of the Social Security Act.. SEC. 1124. (a) Section 15(d) of the Railroad Retirement Act of 1974 is 45 USC 23ln. amended by striking out the first two sentences and inserting in lieu thereof the following: "There is hereby created an account in the Treasury of the United States to be known as the Dual Benefits Payments Account. There is hereby authorized to be appropriated to such account for each fiscal year beginning with the fiscal year ending September 30, 1982, such sums as are necessary to pay during such fiscal year the amounts of annuities estimated by the Board to be paid under sections 3(h), 4(e), and 4(h) of this Act and under sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law 93-445. Not more than 30 days prior to each fiscal year beginning with the fiscal year ending September 30, 1982, the Board may request the Secretary of the Treasury to transfer from the Railroad Retirement Account to the credit of the Dual Benefits Pa3mients Account any amount not exceeding one-twelfth of the amount which the Board has determined will be the amount of the appropriation to be made to the Dual Benefits Payments Account under the applicable Public Law making such appropriation for such fiscal year, and the Secretary of the Treasury shall make such transfer. Not more than 10 days after the funds appropriated to the Dual Benefits Payments Account for each such fiscal year are received into such Account, the Board shall request the Secretary of the Treasury to retransfer from the Dual Benefits Payments Account to the credit of the Railroad Retirement Account an amount equal to the amount transferred to the Dual Benefits Payments Account prior to such fiscal year under the preceding sentence, together with such additional amount determined by the Board to be equal to the loss of interest to the Railroad Retirement Account resulting from such transfer, and the Secretary of the Treasury shall make such retransfer.". (b) Section 15(e) of the Railroad Retirement Act of 1974 is amended by inserting ", the Dual Benefits Payments Account" after "Railroad Retirement Account" in the first sentence thereof. (c) Section 15(g) of the Railroad Retirement Act of 1974 is amended by striking out the period at the end of the first sentence and inserting in lieu thereof the following: ", and the Dual Benefits Payments Account.". SEC. 1125. Section 18(2) of the Railroad Retirement Act of 1974 is 45 USC 23iq. amended by inserting "and section 216(i)" immediately after "203". SEC. 1126. (a) Not later than October 1, 1982, the President shall Report to analyze options that will assure the long-term financial integrity of Congress. the railroad retirement system and report to the Congress the results 45 USC 231n note. of such analysis, together with recommendations with respect to such options and such comments as may have been submitted by representatives of railroad labor and management. (b) The Railroad Retirement Act of 1974 is amended by adding at the end thereof the following: BENEFIT PRESERVATION

"SEC. 22. (a) In any fiscal year in which the Board determines that general revenue borrowing authority available under this Act will be used to borrow an amount equal to or greater than fifty percent of the total amount available under such borrowing authority for that fiscal year, the Board shall, on or before April 1 of that year, report to the

Report to President, Speaker of the House, and President of the Senate. 45 USC 231u.

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Page:United States Statutes at Large Volume 95.djvu/666

 95 STAT. 640

45 USC 360.

Publication in Federal Register.

Recommendations.

Publication in Federal Register.

42 USC 1305. 45 USC 231b, 231c.

PUBLIC LAW 97-35—AUG. 13, 1981 President, the Speaker of the House, and the President of the Senate, in writing— "(1) the aggregate amount it will need to borrow for that fiscal year and the aggregate amount it is authorized to borrow for that fiscal year; "(2) the first fiscal year during which benefits under this Act must be reduced, in the absence of any adjustments, because insufficient funds (including any general revenue borrowing authority under this Act) would preclude payment of full benefits (other than benefits payable from the Dual Benefits Payments Account) for every month in such fiscal year; "(3) the first fiscal year during which the Board would recommend suspension of the authority to borrow contained in section 10(d) of the Railroad Unemployment Insurance Act, in order to prevent depletion of the Railroad Retirement Account; and "(4) the amount, if any, of adjustments (stated in terms of percentage of taxable payroll), and any other changes such as cash flow adjustments, necessary to preserve the financial solvency of the Railroad Retirement Account, if such adjustments were effective at the beginning of the next succeeding fiscal year. The Board shall, not less than 20 nor more than 30 days after the submission of a written report under this subsection, publish such report in the Federal Register. (b) Not later than 180 days after the publication in the Federal Register of any Board report referred to in subsection (a) of this section which states an amount of adjustments (in terms of percentage of taxable payroll) necessary to preserve the financial solvency of the railroad retirement account— "(1) representatives of railroad employees and carriers shall, jointly or separately, submit to the President, the Speaker of the House, and the President of the Senate, funding proposals designed to preserve the finsincial solvency of the Railroad Retirement Account; and "(2) the President shall submit to the Speaker of the House and the President of the Senate such recommendations as he may deem appropriate with respect to the preservation of the Railroad Retirement Account, including a specific proposal to assure continuous payments of social security equivalent benefits by separating the social security equivalent benefits from industry pension equivalent benefits payable under this Act. "(c) Not later than 180 days after the submission of a written report under subsection (a) of this section which states the first fiscal year during which benefits under this Act must be reduced because insufficient funds would preclude payment of full benefits for every month of that year, the Board shall issue and publish in the Federal Register such regulations as may be necessary which shall be designed to— "(1) provide a constant level of benefits at the maximum level possible for every month of that fiscal year; and "(2) provide tnat no individual shall receive less during that fiscal year than the amount otherwise payable if the employee's service as an employee after December 31, 1936, had been covered under the Social Security Act, minus the amount of any reduction required under section 3(m) or 4(i) of this Act. Unless otherwise provided by law enacted after the date of enactment of this section, or by a later report filed by the Board under subsection (a) of this section, regulations issued by the Board under this subsection shall apply beginning with the fiscal year designated by

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 PUBLIC LAW 97-35—AUG. 13, 1981 the Board in its written report under subsection (a) of this section. Any Board regulation which becomes effective under this subsection may be modified, rescinded, or superseded in the same manner and to the same extent as in the case of any other Board regulation issued under authority of this Act.". SEC. 1127. (a) Section 15(b) of the Railroad Retirement Act of 1974 is amended by inserting "(1)" after "(b)" and by inserting at the end thereof the following new subdivision: "(2) In any month when the Board finds that the balance in the Railroad Retirement Account is insufficient to pay annuity amounts due to be paid during the following month, the Board shall report to the Secretary of the Treasury the additional amount of money necessary in order to make such annuity payments, and the Secretary shall transfer to the credit of the Railroad Retirement Account such additional amount upon receiving such report from the Board. The total amount of money outstanding to the Railroad Retirement Account from the general fund at any time during any fiscal year shall not exceed the total amount of money the Board and the Trustees of the Social Security Trust Fund estimate will be transferred to the Railroad Retirement Account pursuant to section 7(c)(2) of this Act with respect to such fiscal year. Whenever the Board determines that the sums in the Railroad Retirement Account are sufficient to pay annuity amounts, the Board shall request the Secretary of the Treasury to retransfer to the general fund from the Railroad Retirement Account all or any part of the amount outstanding, and the Secretary of the Treasury shall make such retransfer of the amount requested. Not later than 10 days after a transfer to the Railroad Retirement Account under section 7(c)(2) of this Act, any amount of money outstanding to the Railroad Retirement Account from the general fund under this subdivision shall be retransferred in accordance with this subdivision. Any amount retransferred shall include an amount of interest computed at a rate determined in accordance with the following two sentences: The rate of interest payable with respect to an amount outstanding for any month shall be equal to the average investment yield for the most recent auction (before such month) of United States Treasury bills with maturities of 52 weeks, deeming any amount outstanding at the beginning of a month to have been borrowed at the beginning of such month. For this purpose the amount of interest computed in accordance with the preceding sentence but not repaid by the end of such month shall be added to the amount outstanding at the beginning of the next month.". SEC. 1128. (a) Section 5(f) of the Railroad Unemployment Insurance Act is amended by striking out "fifteen" and by inserting in lieu thereof "thirty". (b) Section 8(f) of the Railroad Unemployment Insurance Act is amended by striking out "0.25" and inserting in lieu thereof: "0.5". SEC. 1129. (a) Except as otherwise provided in this section, the amendments made by this subtitle shall take effect October 1, 1981, and shall apply only with respect to annuities awarded on or after that date. (b)(1) The amendment made by section 1116(a) of this Act shall take effect October 1, 1981, except that the years of service of an individual shall not be considered less after enactment of this Act for any individual who files an application before April 1, 1982 than such individual had during the month of September 1981.

95 STAT. 641

45 USC 23ln.

45 USC 23lf.

45 USC 355. 45 USC 358. Effective dates. 45 USC 231 note.

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 95 STAT. 642

45 USC 231. 45 USC 23it.

45 USC 231a.

26 USC 3201 et
 * ^945 USC 231b.

Ante, p. 633.

PUBLIC LAW 97-35—AUG. 13, 1981 (2) The amendments made by sections 1116(b)(1), 1118(c)(2), 1119(b)(5), 1119(c), 1119(h)(3), 1119(i)(3), 1120(a), 1120(d), 1121(c)(1), 1121(c)(2), 1123, and 1125 of this Act shall take effect January 1, 1975. (3) The first sentence added to section l(o) of the Railroad Retirement Act of 1974 by section 1116(b)(2) shall take effect October 1, 1981, and shall apply only with respect to individuals who did not die before that date and who ceased rendering service as an employee under the Railroad Retirement Act of 1974 on or after Ocotber 1, 1975 or were on leave of absence or furlough on October 1, 1975. The second sentence added to section l(o) of the Railroad Retirement Act of 1974 by section 1116(b)(2) shall take effect October 1, 1981. (c) The amendment made by section 1117(a) of this Act shall take effect October 1, 1981, and shall apply only with respect to individuals whose supplemental annuity closing date under section 2(b) of the Railroad Retirement Act of 1974 before the effective date of the amendment to such section by this Act did not occur before October 1, 1981. (d) The amendments made by section 1119(b)(1) shall not apply with respect to annuities awarded on the basis of employee annuities awarded before October 1, 1981. (e)(1) The amendments made by sections 1118(e)(3), 1119(d)(2), 1119(h)(1), and 1119(h)(4) of this Act shall take effect on the date of the enactment of this Act. (2) The amendment made by section 1118(d) of this Act shall apply with respect to annuity increases which become effective on or after the date described in the next sentence. The date referred to in the last preceding sentence is the later of October 1, 1981 and the date (after July 1, 1981) on which there is an increase in the rate of any tax imposed under chapter 22 (relating to railroad retirement tax) of the Internal Revenue Code of 1954. For the purposes of the amendment made by section 1118(d), with respect to annuities awarded before October 1, 1981, the annuity portions computed under subsections (b) and (d) of section 3 of the Railroad Retirement Act of 1974 as in effect before October 1, 1981, shall be treated as a portion of an annuity computed under section 3(b) of such Act as amended by this Act. (3) The amendment made by section 1118(a) of this Act shall take effect on the later of October 1, 1981, and the date (after July 1, 1981) on which there is an increase in the rate of any tax imposed under chapter 22 (relating to railroad retirement tax) of the Internal Revenue Code of 1954, and shall apply only with respect to annuities awarded on or after the date of that taking effect. (f) Section 4(g) of the Railroad Retirement Act of 1974 as amended by this Act (except subdivisions (5) and (6) of such section 4(g)) shall take effect October 1, 1981, with respect to awards made on or after that date in cases in which the employee did not begin receiving an annuity under section 2(a)(l) of the Railroad Retirement Act of 1974 before October 1, 1981, and did not die before that date, and to all awards made on or after October 1, 1986. In all other awards made on or after October 1, 1981, and before October 1, 1986, for purposes of determining the initial annuity amounts only, the provisions of section 4(g) of the Railroad Retirement Aqt of 1974, as in effect before amendment by this Act shall be applicable. Initial annuity amounts determined under the preceding sentence shall be increased only by the same percentage, or percentages, as an employee's annuity amount determined under section 3(b) of the Railroad Retirement Act of 1974 is increased under section 3(g) of the Railroad Retirement Act of 1974 on or after the date on which such initial annuity amount began to accrue. Annuity amounts determined under section 4(g) of

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Page:United States Statutes at Large Volume 95.djvu/669

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 643

the Railway Retirement Act of 1974 before amendment by this Act or 45 USC 23ic. under section 207(2) of Public Law 93-445 shall be increased only by 45 USC 23i note the same percentage, or percente^es, as an employee's annuity amount determined under section 3(b) of the Railroad Retirement Act of 1974 is increased under section 3(g) of the Railroad Retirement 45 USC 23ib. Act of 1974 on or after October 1, 1981. Section 4(g)(5) and 4(g)(6) of the Railroad Retirement Act of 1974, as amended by this Act, shall take effect on October 1, 1981. (g) The amendments made by sections 1118(b), 1118(g), 1120(b), 1122(a)(2), 1122(b)(l), 1122(c), 1124, 1126, and 1127 of this Act shall take effect October 1 1981. (h) The amendments made by sections 1117(e)(2), 1117(f), 1118(h)(2), and 1119(i)(4) shall take effect January 1, 1982. Subtitle E—Conrail

Northeast Rall Service Act of 1981

SEC. 1131. This subtitle may be cited as the "Northeast Rail Service 45 USC 1101 Act of 1981". note. TABLE OF C50NTENTS Sec. Sec. Sec. Sec.

1132. Findings. 1133. Purpose. 1134. Goals. 1135. Definitions.

PART 1-GENERAL PROVISIONS

PART 2-TRANSFER OF RAIL SERVICE RESPONSIBILITIES Subpart A—Transfer of Conrail Commuter Services Sec. Sec. Sec. Sec.

1136. End of Conrail obligation. 1137. Establishment of Anitrak Commuter. 1138. Prohibition of cross-subeidization. 1139. Authorization of appropriations. Subpart B—Additional Financing of Conrail

Sec. 1140. Additional financing of Conrail. Sec. 1141. Organization and structure of Conrail. Subpart C—Transfer of Freight Service Responsibilities Sec. 1142. Transfer of fre^ht service. PART 3-PROTECTION FOR CONRAIL EMPLOYEES Sec. 1143. Protection for Conrail Employees. Sec. 1144. Repeals. PART 4-TERMS OF LABOR ASSUMPTION Subpart A—Passenger Employees Sec. 1145. Transfer of passenger service employees. Subpart B—Freight Employees Sec. 1146. Labor transfer. PART 5-UNITED STATES RAILWAY ASSOCIATION Sec. 1147. Oi^anizationofUSRA. Sec. 1148. Functions of USRA. Sec. 1149. Access to information.

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 95 STAT. 644

PUBLIC LAW 97-35—AUG. 13, 1981 Sec. 1150. United States Railway Association reports. Sec. 1151. USRA authorization. PART 6—MISCELLANEOUS PROVISIONS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1152. Judicial review. 1153. Transfer taxes and fees; recordation. 1154. Satisfaction of claims. 1155. Expedited supplemental transactions. 1156. Abandonments. 1157, Amendment to the Railway Labor Act. 1158. Concerted economic action. 1159. Construction and effect of certain provisions. 1160. Labor authorization. 1161. Light density rail service. 1162. Rehabilitation and improvement financing. 1163. Northeast Corridor cost dispute. 1164. Commission proceedings. 1165. Intercity passenger service employees. 1166. Trackage rights. 1167. Technical amendments. 1168. Applicability of other laws. 1169. Effective date.

PART 1—GENERAL PROVISIONS FINDINGS

45 USC 1101. 45 USC 701 note.

SEC. 1132. The Congress finds and declares that— (1) the processes set in motion by the Regional Rail Reorganization Act of 1973 have failed to create a self-sustaining railroad system in the Northeast region of the United States and have cost United States taxpayers many billions of dollars over original estimates; (2) current arrangements for the provision of rail freight and commuter service in the Northeast and Midwest regions of the United States are inadequate to meet the transportation needs of the public and the needs of national security; (3) although the Federal Government has provided billions of dollars in assistance for Conrail and its employees, the Federal interest in ensuring theflowof interstate commerce through rail service in the private sector has not been achieved, and the protection of interstate commerce requires Federal intervention to preserve essential rail service in the private sector; (4) the provisions for protection of employees of bankrupt railroads contained in the Regional Rail Reorganization Act of 1973 have resulted in the payment of benefits far in excess of levels anticipated at the time of enactment, have imposed an excessive fiscal burden on the Federal taxpayer, and are now an obstacle to the establishment of improved rail service and continued rail employment in the Northeast region of the United States; and (5) since holding Conrail liable for employee protection payments would destroy its prospects of becoming a profitable carrier and further injure its employees, an alternative employee protection system must be developed and funded. PURPOSE

45 USC 1102.

SEC. 1133. It is therefore declared to be the purpose of the Congress in this subtitle to provide for— (1) the removal by a date certain of the Federal Government's obligation to subsidize the freight operations of Conrail;

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