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Page:United States Statutes at Large Volume 101 Part 3.djvu/236

 101 STAT. 1534

PUBLIC LAW 100-223—DEC. 30, 1987

"(1) IN GENERAL.—For purposes of this section, the funding percentage is the percentage (determined by the Secretary) which—, 4 » y s;J ^-:^ . "(A) the sum of— ^ j "(i) the aggregate amounts obligated under section 505 of the Airport and Airway Improvement Act of 1982 for fiscal years 1988 and 1989, and "(ii) the aggregate amounts appropriated under subsections (a) and (b) of section 506 of such Act for such fiscal years, is of ^•^. "(B) the sum of— •\ "(i) the aggregate amounts authorized to be obligated under such section 505 for such fiscal years, and "(ii) the aggregate amounts authorized to be appropriated under subsections (a) and (b) of such section 506 for such fiscal years. ,]y

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"(2)RULESP0R APPLYING PARAGRAPH (1).— "(A) TREATMENT OF PRIOR YEAR AMOUNTS.—For purposes

of paragraph (1), an £tmount shall be treated as authorized, obligated, or appropriated only for the 1st fiscal year for which it is authorized, obligated, or appropriated, as the case may be. "(B) TREATMENT OF SEQUESTERED AMOUNTS.—The determination under paragraph (I)(A) shall be made without regard to the sequestration of any amount described therein pursuant to an order under part C of title II of the Balanced Budget and Emergency Deficit Control Act of 1985 (or any successor law). ,V

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"(8) DETERMINATION OF FUNDING PERCENTAGE.—

"(A) IN GENERAL.—Not later than December 1, 1989, the Secretary shall determine— "(i) the funding percentage, and "(ii) whether the rate reductions under this section shall apply to taxable events occurring during 1990.

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"(B) DETERMINATIONS TO BE PUBUSHED IN FEDERAL REG-

ISTER.—As soon as practicable after making the determinations under subparagraph (A), the Secretary shall publish such determinations in the Federal Register. "(c) TAXABLE EVENT.—For purposes of this section— "(1) TAXABLE TRANSPORTATION BY AIR.—In the case of the taxes imposed by sections 4261 and 4271, the taxable event shall be treated as occurring when the payment for the taxable transportation is made. "(2) SALE OR USE OF FUEL.—In the case of the taxes imposed by section 4041(c), the taxable event shall be the sale or use on which tax is imposed." (b) REFUND OF FUEL TAXES ON NONCOMMERCIAL AVIATION WHERE RATE REDUCTION IN EFFECT.—

(1) IN GENERAL.—Section 6427 of such Code (relating to fuels not used for taxable purposes) is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: "(p) GASOLINE USED IN NONCOMMERCIAL AVIATION DURING PERIOD RATE REDUCTION IN EFFECT.—Except as provided in subsection (k),

if— "(1) any tax is imposed by section 4081 on any gasoline,

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 PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1535

"(2) such gasoline is used during 1990 as a fuel in any aircraft in noncommercial aviation (as defined in section 4041(c)(4)), and "(3) no tax is imposed by section 4041(c)(2) on taxable events occurring during 1990 by reason of section 4283, the Secretary shall pay (without interest) to the ultimate purchaser of such gasoline an amount equal to the excess of the aggregate amount of tax paid under section 4081 on the gasoline so used over an amount equal to 6 cents multiplied by the number of gallons of gasoline so used." (2) TECHNICAL AMENDMENTS.—

(A) Paragraph (1) of section 6427(i) of such Code is amended by striking out "or (h)" and inserting in lieu thereof "(h), or (p)". (B) Qause (i) of section 6427(i)(2)(A) of such Code is amended by striking out "and (h)" and inserting in lieu thereof "(h), and (p)". (3) CROSS REFERENCE.—Subsection (c) of section 4041 of such Code is amended by adding at the end thereof the following new paragraph: "(6) REDUCTION IN RATES OF TAX IN CERTAIN CIRCUMSTANCES.—

For reduction of rates of taxes imposed by paragraphs (1) and (2) in certain circumstances, see section 4283." (c) CLERICAL AMENDMENT.—The table of sections for part III of subchapter C of chapter 33 of such Code is amended by adding at the end the following new item: "Sec. 4283. Reduction in aviation-related taxes in certain cases."

Approved December 30, 1987.

LEGISLATIVE HISTORY—H.R. 2310 (S. 1184): HOUSE REPORTS: No. 100-123, Pt. 1 (Comm. on Science, Space, and Technology) and Pt. 2 (Comm. on Public Works and Transportation) and No. 100-484 (Comm. of Conference). SENATE REPORTS: No. 100-99 accompanying S. 1184 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 1, considered and passed House. Oct. 28, considered and passed Senate, amended, in lieu of S. 1184. Dec. 17, Senate agreed to conference report. Dec. 18, House agreed to conference report.

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Page:United States Statutes at Large Volume 101 Part 3.djvu/238

 101 STAT. 1536

PUBLIC LAW 100-224—DEC. 30, 1987

Public Law 100-224 100th Congress ' —" ' - Dec. 30, 1987 [H.R. 2974]

An Act

To amend title 10, United States Code, to make technical corrections in provisions of law enacted by the Military Retirement Reform Act of 1986.

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

SECTION 1. COST-OF-LIVING ADJUSTMENTS OF MILITARY RETIRED PAY. (a) RULE FOR C P I - 1 FORMULA FOR N E W ENTRANTS.—Subsection (b)

of section 1401a of title 10, United States Code, is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): "(4) SPECIAL RULE FOR PARAGRAPH (3).—If in any case in which an increase in retired pay that would otherwise be made under paragraph (3) is not made by reason of law (other than any provision of this section), then (unless otherwise provided . by law) when the next increase in retired pay is made under this subsection, the increase under paragraph (3) shall be carried out so as to achieve the same net increase in retired pay under that paragraph that would have been the case if that law ^ had not been enacted.". (b) PRO RATING OF INITIAL C P I ADJUSTMENT FOR N E W MEMBERS.—

Subsection (e) of such section is amended by striking out "only by" and all that follows in that subsection and inserting in lieu thereof the following: "by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between— "(1) the percent by which— "(A) the price index for the base quarter of that year, exceeds "(B) the price index for the calendar quarter immediately before the calendar quarter during which the member became entitled to retired pay; and "(2) one-fourth of 1 percent for each calendar quarter from the quarter described in paragraph (1)(B) to the quarter described in paragraph (1)(A). If in any case the percent described in paragraph (2) exceeds the percent determined under paragraph (1), such an increase shall not be made.". SEC. 2. RESTORAL OF BENEFITS AT AGE 62 FOR NEW RETIREMENT MEMBERS.

Section 1410 of title 10, United States Code, is amended— (1) by striking out "(a) GENERAL RULE.—" and

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(2) by striking out "the amount equal to—" and all that follows and inserting in lieu thereof "the amount equal to the amount of retired pay to which the member would be entitled on that date if— "(1) increases in the member's retired pay under section 1401a(b) of this title had been computed as provided in para-

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 PUBLIC LAW 100-224—DEC. 30, 1987

101 STAT. 1537

graph (2) of that section (rather than under paragraph (3) of that section); and "(2) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, no reduction in the member's retired pay had been made under that section.". SEC. 3. SURVIVOR BENEFIT PLAN AMENDMENTS.

(a) ADJUSTMENT AT AGE 62 IN BASE AMOUNT.—(1) Section 1451 of

title 10, United States Code, is amended— (A) by inserting after subsection (g) the following: "(h)(1) Whenever retired pay is increased under section 1401a of this title (or any other provision of law), the base amount applicable to each participant in the Plan shall be increased at the same time. The increase shall be by the same percent as the percent by which the retired pay of the participant is increased. "(2) When the retired pay of a person who first became a member of a uniformed service on or after August 1, 1986, and who is a participant in the Plan is recomputed under section 1410 of this title upon the person's becoming 62 years of age, the base amount applicable to that person shall be recomputed (effective on the effective date of the recomputation of such retired pay under section 1410 of this title) so as to be the amount equal to the amount of the base amount that would be in effect on that date if increases in such base amount under paragraph (1) had been computed as provided in paragraph (2) of section 1401a(b) of this title (rather than under paragraph (3) of that section)."; and (B) by striking out "(h) Computation" and inserting in lieu thereof "(3) Computation". (2) Subsection (a) of such section is amended by striking out "(as the base amount is adjusted from time to time under section 1401a of this title)" in paragraphs (1)(A), (1)(B), (2)(A), and (2)(B). (b) ADJUSTMENT AT AGE 62 IN AMOUNT OF REDUCTION IN RETIRED

PAY.—Section 1452 of such title is amended by adding at the end the following new subsection: "(i) When the retired pay of a person who first became a member of a uniformed service on or after August 1, 1986, and who is a participant in the Plan is recomputed under section 1410 of this title upon the person's becoming 62 years of age, the amount of the reduction in such retired pay under this section shall be recomputed (effective on the effective date of the recomputation of such retired pay under section 1410 of this title) so as to be the amount equal to the amount of such reduction that would be in effect on that date if increases in such retired pay under section 1401a(b) of this title, and increases in reductions in such retired pay under subsection (h), had been computed as provided in paragraph (2) of section 1401a(b) of this title (rather than under paragraph (3) of that section).". (c) ADJUSTMENT OF AMOUNT OF ANNUITY.—Section 1451(i) of such title is amended by striking out "on the basis o f the second place it appears and all that follows and inserting in lieu thereof "so as to be the amount equal to the amount of the annuity that would be in effect on that date if increases under subsection (h)(1) in the base amount applicable to that annuity to the time of the death of the member or former member, and increases in such annuity under subsection (g)(1), had been computed as provided in paragraph (2) of section 1401a(b) of this title (rather than under paragraph (3) of that section).".

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 101 STAT. 1538

PUBLIC LAW 100-224—DEC. 30, 1987

SEC. 4. INVOLUNTARY RELEASE FROM ACTIVE DUTY FOR CERTAIN RESERVE MEMBERS.

10 USC 2437. 10 USC 2437 J^o**-

Section 1163(d) of title 10, United States Code, is amended by inserting "(other than for training)" after "active duty". SEC. 5 OTHER TECHNICAL CORRECTIONS. . (a) PUBLIC LAW 100-180.—(1) The table relating to warrant officers in section 305a(b) of title 37, United States Code (as amended by section 621(a) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180)), is amended by striking out "Over 13" and inserting in lieu thereof "Over 14". (2) Section 301c(b) of title 37, United States Code (as amended by section 623(b) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180)), is amended in the matter preceding the tables by striking out "(b) The monthly rates for special pay under subsection (a) are as follows:". (3) Section 8030)) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180) is amended by striking out "Section 2437" and inserting in lieu thereof "Section 2437(a)". (4) The amendments made by this subsection shall apply as if included in Public Law 100-180 as enacted on December 4, 1987. OD) TITLE 10.—(1) Section 1450(f)(3)(A) of title 10, United States Code, is amended by striking out the second comma after "required by a court order to make such an election". (2) Section 2327 of such title is amended by inserting "App." after "(50 U.S.C." in subsections (a) and (b)(2). (3) The item relating to section 2690 in the table of sections at the beginning of chapter 159 of such title is amended to read as follows: "2690. Fuel sources for heating systems; prohibition on converting certain heating facilities.".

(4) The item relating to section 5898 in the table of sections at the beginning of chapter 549 of such title is amended to read as follows: "5898. Action on reports of selection boards.".

Approved December 30, 1987.

LEGISLATIVE HISTORY—H.R. 2974: HOUSE REPORTS: No. 100-231 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 133 (1987): July 28, considered and passed House. Aug. 6, considered and passed Senate, amended. Dec. 16, House concurred in Senate amendment with an amendment. Dec. 17, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 101 Part 3.djvu/241

 PUBLIC LAW 100-225—DEC. 31, 1987

Public Law 100-225 100th Congress

101 STAT. 1539

An Act

To establish the El Malpais National Monument and the El Malpais National Conservation Area in the State of New Mexico, to authorize the Masau Trail, and for other purposes.

Dec. 31, 1987 [H.R. 403]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—EL MALPAIS NATIONAL MONUMENT ESTABLISHMENT OF MONUMENT

SEC. 101. (a) In order to preserve, for the benefit and enjoyment of present and future generations, that area in western New Mexico containing the nationally significant Grants Lava Flow, the Las Ventanas Chacoan Archeological Site, and other significant natural and cultural resources, there is hereby established the El Malpais National Monument (hereinafter referred to as the "monument"). The monument shall consist of approximately 114,000 acres as generally depicted on the map entitled "El Malpais National Monument and National Conservation Area" numbered NMELMA-80,001-B and dated May 1987. The map shall be on file and available for public inspection in the offices of the Director of the National Park Service, Department of the Interior. Oa) As soon as practicable after the enactment of this Act, the Secretary of the Interior (hereinafter referred to as the "Secretary") shall file a legal description of the monument with the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. Such legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such legal description and in the map referred to in subsection (a). The legal description shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

16 USC 460uu.

Public information.

Public information.

TRANSFER

SEC. 102. Lands and waters and interests therein within the boundaries of the monument, which as of the day prior to the date of enactment of this Act were administered by the Forest Service, United States Department of Agriculture, are hereby transferred to the administrative jurisdiction of the Secretary to be maneiged as part of the monument in accordance with this Act. The boundaries of the Cibola National Forest shall be adjusted accordingly.

National Forest System. 16 USC 460UU-1.

MANAGEMENT

SEC. 103. The Secretary, acting through the Director of the National Park Service, shall manage the monument in accordance with

16 USC 460UU-2.

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