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 95 STAT. 142

42 USC 7604.

42 USC 7410.

42 USC 7418. 42 USC 7419. Ante, p. 139.

PUBLIC LAW 97-23—JULY 17, 1981 finding or other action of the Administrator under this subsection with respject to such stationary source, and any failure or refusal of the Administrator to make any such finding or to take any such action under this subsection, shall be reviewable only by the court in which the civil action was brought. "(8) The provisions of section 304(b)(1)(B) of this Act shall be applicable to this subsection. (9) For a source which receives an extension under this subsection, air pollution requirements specified in Federal judicial decrees entered into or modified under this subsection that involves such source may not be modified to extend beyond December 31, 1985.". SEC. 3. Section 110(a)(3)(C) of the Clean Air Act is amended to read as follows: "(C) Neither the State, in the case of a plan (or portion thereof) approved under this subsection, nor the Administrator, in the case of a plan (or portion thereof) promulgated under subsection (c), shall be required to revise an applicable implementation plan because one or more exemptions under section 118 (relating to Federal facilities), enforcement orders under section 113(d), suspensions under section 110(f) or (g) (relating to temporary energy or economic authority), orders under section 119 (relating to primary nonferrous smelters), or extensions of compliance in decroos entered under section 113(e) (relating to iron- and steelproducing operations) have been granted, if such plan would have met the requirements of this section if no such exemptions, orders, or extensions had been granted.". Approved July 17, 1981.

LEGISLATIVE HISTORY—H.R. 3520 (S. 63): HOUSE REPORTS: No. 97-121 (Comm. on Energy and eommerce) and No. 97-161 (Comm. of Conference). SENATE REPORT No. 97-133 accompanying S. 63 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 127 (1981): May 28, considered and passed House. June 11, considered and passed Senate, amended, in lieu of S. 63. June 25, Senate agreed to conference report. June 26, House agreed to conference report. WEEKLY eOMPILATION OF PRESIDENTIAL DOOUMENTS, Vol. 17, No. 29 (1981): July 17, Presidential statement.

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 PUBLIC LAW 97-24—JULY 23, 1981

95 STAT. 143

Public Law 97-24 97th Congress An Act To extend the time for conducting the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1982, and to eliminate the requirement that the Secretary of Agriculture waive interest on loans made on 1980 and 1981 crops of wheat and feed grains placed in the farmerheld grain reserve.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 336 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1336) is amended by striking out the last sentence and inserting in lieu thereof a new sentence as follows: "Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1982, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) October 15, 1981.". SEC. 2. Section 110(b) of the Agricultural Act of 1949 (7 U.S.C. 1445e(b)) is amended by deleting in clause (3) of the second sentence the phrase ", and the Secretary shall waive such interest on loans made on the 1980 and 1981 crops of wheat and feed grains". Approved July 23, 1981.

LEGISLATIVE HISTORY—S. 1395: CONGRESSIONAL RECORD, Vol. 127 (1981): June 25, considered and passed Senate. July 9, considered and passed House.

July 23, 1981 [S. 1395]

Wheat. Marketing quota referendum.

Waiver.

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 95 STAT. 144

PUBLIC LAW 97-25—JULY 27, 1981 Public Law 97-25 97th Congress An Act

July 27, 1981 [H.R, 31] Cash Discount Act. 15 USC 1601 note.

15 USC 1605.

"Regular price.

15 USC 1602 note. 94 Stat. 169.

15 USC 1666f note. Supra.

To amend the Truth in Lending Act to encourage cash discounts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Cash Discount Act TITLE I—CASH DISCOUNTS SEC. 101. Section 167(b) of the Truth in Lending Act (15 U.S.C. 1666f(b)) is amended to read as follows: "(b) With respect to any sales transaction, any discount from the regular price offered by the seller for the purpose of inducing payment by cash, checks, or other means not involving the use of an open-end credit plan or a credit card shall not constitute a finance charge as determined under section 106 if such discount is offered to all prospective buyers and its availability is disclosed clearly and conspicuously.". SEC. 102. (a) Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end thereof the following: "(z) As used in this section and section 167, the term 'regular price' means the tag or posted price charged for the property or service if a single price is tagged or posted, or the price charged for the property or service when payment is made by use of an open-end credit plan or a credit card if either (1) no price is tagged or posted, or (2) two prices are tagged or posted, one of which is charged when payment is made by use of an open-end credit plan or a credit card and the other when payment is made b^ use of cash, check, or similar means. For purposes of this definition, payment by check, draft, or other negotiable instrument which may result in the debiting of an open-end credit plan or a credit cardholder's open-end account shall not be considered payment made by use of the plan or the account.". (b) Effective April 10, 1982— (1) subsections (x) and (y) of section 103 of the Truth in Lending Act (as redesignated by section 603(b) of Public Law 96-221) are redesignated as subsections (y) and (z), respectively; and (2) subsection (z) of such section (as added by subsection (a)) is redesignated as subsection (x) and is inserted after subsection (w). SEC. 103. Any rule or regulation of the Board of Governors of the Federal Reserve System pursuant to section 167(b) of the Truth in Lending Act, as such section was in effect on the day before the date of enactment of this Act, is null and void. TITLE II—BAN ON CREDIT CARD SURCHARGES SEC. 201. Section 3(c)(2) of Public Law 94-222 (15 U.S.C. 1666f note) is amended to read as follows: "(2) The amendments made by paragraph (1) shall cease to be effective on February 27, 1984.".

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 PUBLIC LAW 97-25—JULY 27, 1981

95 STAT. 145

SEC. 202. Not later than two years after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall prepare a study, on the basis of a review and analysis of such data and studies as it finds appropriate, and shall submit its findings to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives on the effect of charge card transactions upon card issuers, merchants, and consumers, including to the extent possible— (1) the effects of charge card transactions on retail sales; (2) the effect of charge card usage on consumers and on merchants, including the effects on merchant cost; and (3) the effect of charge card usage on the pricing of goods and services, with a comparison of the costs resulting from payment by (A) currency and coin, (B) by personal check or similar instrument, (C) by in-house credit plans, and (D) by charge card.

Study findings, submittal to congressional committees. 15 USC 1601 note.

TITLE m—MISCELLANEOUS SEC. 301. Section 625(c) of Public Law 96-221 is amended by adding at the end thereof the following: "Any creditor who elects to comply with such amendments and any assignee of such a creditor shall be subject to the provisions of sections 130 and 131 of the Truth in Lending Act, as amended by sections 615 and 616, respectively, of this title.". SEC. 302. Section 5137 of the Revised Statutes (12 U.S.C. 29) is amended by adding at the end thereof the following new paragraph: "Notwithstanding any other provision of this section, any national banking association which, on the date of enactment of this paragraph, held title to and possession of real estate which was carried on the association's books at a nominal value on December 31, 1979, may continue to hold such real estate until December 31, 1982, if the earnings from such real estate are separately disclosed in the financial statements of the association.". SEC. 303. (a) Section 204 of the Public Health Service Act is amended by inserting after the first sentence the following new sentence: The President may appoint to the office of Surgeon General an individual who is sixty-four years of age or older.". db) Section 211(a)(1) of such Act is amended by adding at the end thereof the following new sentence: "This paragraph does not apply to the Surgeon General of the United States.". Approved July 27, 1981.

LEGISLATIVE HISTORY—H.R. 31 (H.R. 3132) (S. 414): HOUSE REPORT No. 97-159 (Comm. of Conference). SENATE REPORT No. 97-23 accompanying S. 414 (Coram, on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): Feb. 24, considered and passed House. Mar. 5, S. 414 considered in Senate. Mar. 12, considered and passed Senate, amended, in lieu of S. 414. May 4, H.R. 3182 considered and passed House. May 20, June 24, House considered and agreed to conference report. July 14, Senate agreed to conference report.

94 Stat. 185. 15 USC 1602 note.

94 Stat. 180, 182. 15 USC 1640, 1641. 94 Stat. 186.

Presidential appointee. 42 USC 205. 42 USC 212.

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 95 STAT. 146

PUBLIC LAW 97-26—JULY 29, 1981

Public Law 97-26 97th Congress Joint Resolution July 29, 1981 [H.J. Res. 308]

Department of Health and Human Services. Supplemental appropriation.

Making an urgent supplemental appropriation for the Department of Health and Human Services for the Gscal year ending September 30, 1981.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1981, namely: DEPARTMENT OP HEALTH AND HUMAN SERVICES HEALTH SERVICES ADMINISTRATION HEALTH SERVICES

For an additional amount for "Health Services", $16,800,000: Provided, That not more than $145,199,000 shall be available under this head for operation of Public Health Service hospitals and clinics. Approved July 29, 1981.

LEGISLATIVE HISTORY—H.J. Res. 308: HOUSE REPORT No. 97-192 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 127 (1981): July 23, considered and passed House and Senate.

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 PUBLIC LAW 97-27—AUG. 4, 1981

95 STAT. 147

Public Law 97-27 97th Congress Joint Resolution Designating the week of October 4 through October 10, 1981, as "National Diabetes Week".

Aug- 4, 1981 [H.J. Res. 84]

Whereas diabetes kills more Americans than all other diseases except cancer and cardiovascular diseases; and Whereas ten million Americans suffer from diabetes and $5,300,000,000 annually are used for health care costs, disability payments, and lost wage costs due to diabetes; and Whereas a national awareness of the diabetes problem may stimulate interest and concern leading to increased research and eventually a cure for diabetes: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of October 4 National through October 10, 1981, is designated as "National Diabetes Week", Diabetes Week. and the President is authorized and requested to issue a proclamation designation. calling upon the people of the United States to observe that week with appropriate ceremonies and activities. Approved August 4, 1981.

LEGISLATIVE HISTORY—H.J. Res. 84 (S.J. Res. 74): CONGRESSIONAL RECORD, Vol. 127 (1981): Mar. 26, considered and passed House, July 24, considered and passed Senate in lieu of S.J. Res. 74.

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 95 STAT. 148

PUBLIC LAW 97-28—AUG. 4, 1981 Public Law 97-28 97th Congress Joint Resolution

Aug. 4, 1981 [S.J. Res. 28]

Women's History Week. Designation.

Designating the week beginning March 7, 1982, as "Women's History Week".

Whereas American women of every race, class, and ethnic background helped found the Nation in countless recorded and unrecorded ways as servants, slaves, nurses, nuns, homemakers, industrial workers, teachers, reformers, soldiers, and pioneers; Whereas American women have played and continue to play a critical economic, cultural, and social role in every sphere of our Nation's life by constituting a significant portion of the labor force working in and outside of the home; Whereas American women have played a unique role throughout our history by providing the majority of the Nation's volunteer labor force and have been particularly important in the establishment of early charitable philanthropic and cultural institutions in the country; Whereas American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement, not only to secure their own right of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor union movement, and the modern civil rights movement; and Whereas despite these contributions, the role of American women in history has been consistently overlooked and undervalued in the body of American history: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning March 7, 1982, is designated as "Women's History Week", and the President is requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved August 4, 1981.

LEGISLATIVE HISTORY—S.J. Res. 28: CONGRESSIONAL RECORD, Vol. 127 (1981): Mar. 10, considered and passed Senate. July 15, considered and passed House, amended. July 24, Senate concurred in House amendments.

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 PUBLIC LAW 97-29—AUG. 6, 1981

95 STAT. 149

Public Law 97-29 97th Congress Joint Resolution Designating August 8, 1982, as "National Children's Day".

Aug. 6, 1981 [H.J. Res. 191]

Whereas America's children represent new life and new hope for the future of the Nation and the world; Whereas children should be regarded as this Nation's most precious resource, and be assured of proper guidance and opportunity to be prepared to become productive citizens and responsible leaders of tomorrow; Whereas children have a right to quality education, freedom from hunger, freedom from poverty, freedom from discrimination, and the legacy of a world at peace; Whereas the Nation's adults have an obligation to create a better world which is conducive to the well-being of the children of the United States, a world in which children can feel secure in the knowledge that they will have the opportunity to achieve their maximum potential as adults; and Whereas the Nation should affirm its commitment to focus on the joys, the rights, and the needs of children so as to create a better life for them: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That August 8, 1982, is National designated as "National Children's Day" and the President is re- Children's quested to issue a proclamation commemorating the occasion and oe^enaf calling upon the people of the United States to observe that day with ^^ ^°^' appropriate ceremonies and activities.

ii

Approved August 6, 1981.

LEGISLATIVE HISTORY—H.J. Res. 191: CONGRESSIONAL RECORD, Vol. 127 (1981): July 23, considered and passed House. July 24, considered and passed Senate.

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 95 STAT. 150

PUBLIC LAW 97-30—AUG. 6, 1981 Public Law 97-30 97th Congress

An Act Aug. 6, 1981 [S. 1040]

District of Columbia SelfGovernment and Governmental Reorganization Act, amendment. D.C. Code 47-2501d.

To amend the District of Columbia Self-Government and Governmental Reorganization Act to increase the amount authorized to be appropriated as the annual Federal payment to the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 502 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 2501d) is amended by striking out "for the fiscal year ending September 30, 1978, and for each fiscal year thereafter the sum of $300,000,000" in the first sentence and inserting in lieu thereof "for each of the fiscal years ending September 30, 1978, September 30, 1979, September 30, 1980, and September 30, 1981, the sum of $300,000,000; and for the fiscal year ending September 30, 1982, and for each fiscal year ending after September 30, 1982, the sum of $336,600,000". Approved August 6, 1981.

LEGISLATIVE HISTORY—S. 1040 (H.R. 2819): HOUSE REPORT No. 97-31 accompanying H.R. 2819 (Comm. on the District of Columbia). SENATE REPORT No. 97-80 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): June 2, considered and passed Senate. July 27, H.R. 2819 considered and passed House; proceedings vacated and S. 1040 passed in lieu.

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 PUBLIC LAW 97-31—AUG. 6, 1981

95 STAT. 151

Public Law 97-31 97th Congress An Act To revise the laws pertaining to the Maritime Administration.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Maritime Act of 1981". SEC. 2. The Maritime Administration of the Department of Commerce is transferred to the Department of Transportation. SEC. 3. There are transferred to the Department of Transportation and vested in the Secretary of Transportation all functions, powers, and duties relating to the Maritime Administration of the Secretary of Commerce and of officers and offices of the Department of Commerce. SEC. 4. There shall be at the head of the Maritime Administration an Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level III of the Executive Schedule. The Maritime Administrator shall report directly to the Secretary of Transportation and shall perform such duties as the Secretary of Transportation shall prescribe. SEC. 5. In carrying out any function transferred by this Act, the Secretary of Transportation may exercise any authority available by law to the Secretary of Commerce with respect to such function and the actions of the Secretary of Transportation in exercising such authority shall have the same force and effect as if exercised by the Secretary of Commerce on the day preceding the effective date of this Act. SEC. 6. The personnel employed in connection with, and the assets, liabilities, contracts, property, facilities, records, and unexpended balance of appropriations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof, transferred by this Act, including all Senior Executive Service positions, subject to section 202 of the Budget and Accounting Procedures Act of 1950, shall be transferred to the Secretary of Transportation for appropriate allocation. Personnel employed in connection with functions transferred by this Act shall be transferred in accordance with any applicable laws and regulations relating to transfer of functions. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated, except that such funds may be used for the expenses associated with the transfer pursuant to this Act. SEC. 7. In order to facilitate the transfer effected by this Act, the Director of the Office of Management and Budget is authorized and directed to make such determinations as may be necessary with regard to functions, offices, or portions thereof transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, apportionments.

-194 O—82

12:QL3

Aug. 6, 1981 [H.R. 4074] Maritime Act of 1981. 46 USC 1601 note. Maritime Administration, transfer to Transportation Department. 46 USC 1601. 46 USC 1602. Administrator. 46 USC 1603. 5 USC 5314.

46 USC 1604.

Personnel, assets, liabilities, and records. 46 USC 1605.

31 USC 581c.

46 USC 1606.

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 95 STAT. 152

46 USC 1607.

46 USC 1608.

Maritime Subsidy Board, pending actions,

PUBLIC LAW 97-31—AUG. 6, 1981 allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, offices, or portions thereof, as may be necessary to resolve disputes between the Secretaries of Commerce and Transportation which may arise in connection with the transfer. This section does not vest in the Director of the Office of Management and Budget any of the functions, powers, or duties of the Maritime Administration, the Secretary of Commerce, or the Secretary of Transportation. The authority and direction given by this section to the Director of the Office of Management and Budget shall terminate sixty days after enactment. SEC. 8. With the consent of the Secretary of Commerce, the Secretary of Transportation may use the services of such officers, employees, and other personnel of the Department of Commerce as needed to implement this Act. SEC. 9. (a) All orders, determinations, rules, regulations, permits, grants, contracts, agreements, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act to the Secretary of Transportation or the Department of Transportation, and (2) which are in effect at the time this Act takes effect shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of Transportation, or other authorized official, a court of competent jurisdiction, or by operation of law. (b)(1) This Act does not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance, pending on the effective date of this Act, but such proceedings and applications, to the extent that they relate to functions so transferred and except as provided in paragraph (2), shall be continued at the Department of Transportation. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Secretary of Transportation, by a court of competent jurisdiction, or by operation of law. This subsection does not prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this Act had not been enacted. (2) Actions of the Maritime Subsidy Board pending on review before ^j^g Secretary of Commerce on the day preceding the effective date of ^j^-^ ^^^ ^j^^jj remain with the Secretary of Commerce, unless otherwise agreed between the Secretary of Commerce and the Secretary of Transportation, for final administrative disposition as though this Act had not been enacted. (3) The Secretary of Transportation may promulgate regulations providing for the orderly transfer of proceedings continued under paragraph (1). (c) Except as provided in subsection (e)— (1) the provisions of this Act shall not affect actions commenced prior to the effective date of this Act, and (2) in all such actions, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted.

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 PUBLIC LAW 97-31—AUG. 6, 1981 (d) No action or other proceeding commenced by or against any officer of the Maritime Administration in his official capacity shall abate by reason of the enactment of this Act. No cause of action by or against the Maritime Administration or by or against any officer of the Maritime Administration in his official capacity shall abate by reason of the enactment of this Act. (e) If, before the date on which this Act takes effect, the Secretary of Commerce is a party to an action, and under this Act any function of the Secretary of Commerce which is the subject of the action is transferred to the Secretary of Transportation, then such action shall be continued with the Secretary of Transportation substituted as a party. (f) Orders and actions of the Secretary of Transportation in the exercise of functions transferred under this Act shall be subject to judicial review as if such orders and actions had been by the Secretary of Commerce exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by this Act shall apply to the exercise of such function by the Secretary of Transportation. SEC. 10. With respect to any function or office transferred by this Act and exercised on or after the effective date of this Act, reference in any other Federal law to the Maritime Administration or any of its predecessor agencies or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary of Transportation, other official, or component of the Department of Transportation to which this Act transfers such functions. SEC. 11. If any provisions of this Act or the application thereof to any person or circumstance is held invalid, neither the remainder of this Act nor the application of such provision to other persons or circumstances shall be affected thereby. SEC. 12. CONFORMING AMENDMENTS.—(1) Title 5, United States Code, is amended as follows: (A) Section 5314 is amended by inserting "Administrator, Maritime Administration", at the end thereof. (B) Section 5315 is amended by striking "(8)" following the words "Assistant Secretaries of Commerce", and substituting "(7)". (C) Section 5316 is amended by striking "Maritime Administration, Department of Commerce". (2) Section 203 of the Act of August 14, 1946 (7 U.S.C. 1622), is amended by inserting ", or the Secretary of Transportation," after "regulatory body" in subsection (j). (3) Title 10, United States Code, is amended as follows: (A) Section 2664(a) is amended by— (i) striking "Secretary of Commerce, and the Chairman of the Federal Maritime Board" in the introductory paragraph and substituting "Secretary of Transportation"; and (ii) striking "Secretary of Commerce or the Federal Maritime Board by 1950 Reorganization Plan Numbered 21, effective May 24, 1950 (64 Stat. 1273)" in paragraph (3) and substituting "Secretary of Transportation. (B) Section 2665 is amended by— (i) striking "or the Federal Maritime Board" in subsections (a) and (b); and (ii) striking "Federal Maritime Board" at the end of subsection (b) and substituting "Department of Transportation".

95 STAT. 153

Judicial review and statutory requirements.

46 USC 1609.

46 USC i6io.

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 95 STAT. 154

94 Stat. 1362.

PUBLIC LAW 97-21—AUG. 6, 1981 (C) Section 4745(a) is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (D) Section 7361(b) is amended by— (i) striking "Secretary of Commerce" and substituting "Secretary of Transportation"; and (ii) striking "Department of Commerce" and substituting "Department of Transportation". (4) Section 148 of title 14, United States Code, is amended by striking "United States Maritime Commission", and substituting "Maritime Administrator". (5) Section 42(a) of Public Law 91-469 (15 U.S.C. 1507a) is repealed. (6) The Act of February 14, 1903 (15 U.S.C. 1511), is amended by striking "(c) Maritime Administration;", and redesignating the paragraphs accordingly. (7) Sections 3 and 8 of the Act of February 14, 1903 (15 U.S.C. 1512 and 1519), are amended by striking "shipping," and ", and the transportation facilities". (8) Section 2 of Public Law 96-371 (15 U.S.C. 1519a) is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation ", (9) Section 500 of the Act of February 28, 1920 (15 U.S.C. 1528), is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (10) Section 3 of the Act of July 19, 1940 (16 U.S.C. 18b), is amended by striking "United States Maritime Commission" and substituting "Department of Transportation". (11) Section 1 of the Act of March 4, 1915 (31 U.S.C. 686), is amended by striking "Federal Maritime Commission" in subsection (a) and substituting "Maritime Administration". (12) Section 2 of the Act of April 29, 1941 (40 U.S.C. 270f), is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (13) Section 602(c) and (d) of the Act of June 30, 1949 (40 U.S.C. 474), is amended in paragraph (16) by— (A) striking "United States Maritime Commission" wherever it appears and substituting "Maritime Administration"; and (B) striking "Commission" and substituting "Administration". (14) Section 516 of Public Law 90-580 (40 U.S.C. 483a) is amended by inserting "the Department of Transportation," immediately after "the Department of Commerce,". (15) Section 203 of the Act of June 30, 1949 (40 U.S.C. 484), is amended in subsection (i) by— (A) striking "United States Maritime Commission" and substituting "Maritime Administration"; and (B) striking "Commission" and substituting "Administration". (16) Section 2 of the Act of June 22, 1942 (41 U.S.C. 50), is amended by striking "United States Maritime Commission" and substituting "Secretary of Transportation". (17) Section 5 of the Act of July 1, 1944 (41 U.S.C. 105), is amended by striking "Chairman of the Maritime Commission" and substituting "Secretary of Transportation". (18) Section 12 of the Act of July 1, 1944 (41 U.S.C. 112), is amended by striking "Maritime Commission" in subsection (h) and substituting "the Department of Transportation". (19) Section 102 of the Act of August 9, 1955 (42 U.S.C. 1973cc-l), is amended by striking "Secretary of Commerce" in clause (10) and substituting "Secretary of Transportation".

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 PUBLIC LAW 97-31—AUG. 6, 1981 (20) Section 1 of the Home Port Act (46 U.S.C. 18) is amended by striking "Director of the Bureau of Marine Inspection and Navigation of the Department of Commerce" and substituting "Secretary of Transportation or the Secretary of the Treasury". (21) The Act of July 24, 1956, is amended by— (A) striking "Secretary of Commerce" wherever it appears in sections 1, 2, and 3 (46 U.S.C. 249, 249a, and 249b) and substituting "Secretary of Transportation"; and (B) striking "with the concurrence of the Secretary of the Treasury" in sections 1 and 3 (46 U.S.C. 249 and 249b). (22) The Act of June 30, 1961 (46 U.S.C. 289b), is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (23) The Act of October 25, 1919 (46 U.S.C. 363), is amended by striking "United States Shipping Board" and substituting "Department of Commerce and the Maritime Administration". (24) Section 6 of the Act of May 27, 1936 (46 U.S.C. 382b), is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of the Department in which the Coast Guard is operating or the Secretary of the Treasury". (25) The Suits in Admiralty Act is amended by— (A) striking the last sentence of section 3 (46 U.S.C. 743); (B) striking "United States Shipping Board" in section 7 (46 U.S.C. 747) and substituting "Maritime Administration"; (C) striking "or the United States Shipping Board" in section 9 (46 U.S.C. 749); (D) striking "or of the United States Shipping Board" in sections 10 and 11 (46 U.S.C. 750 and 751); and (E) striking "and the United States Shipping Board" in section 12 (46 U.S.C. 752). (26) Section 9 of the Shipping Act, 1916 (46 U.S.C. 808) is amended by striking "United States Maritime Commission", "Commission", and "Secretary of Commerce" wherever they appear and substituting "Secretary of Transportation". (27) Section 12 of the Shipping Act, 1916 (46 U.S.C. 811) is amended by(A) striking "Commission ' wherever it appears and substituting "Secretary of Transportation"; (B) striking "It" wherever it appears and substituting "The Secretary"; (C) striking "it" wherever it appears and substituting "the Secretary"; and (D) striking "its" wherever it appears and substituting "his". (28) Section 14a of the Shipping Act, 1916 (46 U.S.C. 813) is amended by(A) striking "Commission" wherever it appears and substituting "Federal Maritime Commission"; and (B) striking "Secretary of Commerce" and substituting "Secretary of Transportation or the Secretary of the Treasury". (29) Section 21 of the Shipping Act, 1916 (46 U.S.C. 820) is amended in subsection (a) by— (A) striking "Commission" in the first sentence and substituting "Federal Maritime Commission and Secretary of Transportation"; (B) striking "it" in the first sentence and substituting "it or him"; and (C) striking "Commission" wherever it appears in the second sentence and substituting "Commission or Secretary".

95 STAT. 155

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 95 STAT. 156

PUBLIC LAW 97-31—AUG. 6, 1981 (30) Section 37 of the Shipping Act, 1916 (46 U.S.C. 835) is amended by striking "Commission" and "Secretary of Commerce" wherever they appear and substituting "Secretary of Transportation". (31) Sections 40 and 42 of the Shipping Act, 1916 (46 U.S.C. 838 and 840) are amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (32) Section 41 of the Shipping Act, 1916 (46 U.S.C. 839) is amended by(A) striking "Commission' wherever it appears and substituting "Secretary of Transportation"; and (B) striking "its" and substituting "his". (33) Section 1 of the Merchant Marine Act, 1920 (46 U.S.C. 861) is amended by striking "United States Maritime Commission" and substituting "Secretary of Transportation". (34) Section 5 of the Merchant Marine Act, 1920 (46 U.S.C. 864) is amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (35) Section 101 of the Act of June 30, 1948 (46 U.S.C. 864a) is amended by striking "Commission" and substituting "Secretary of Transportation". (36) Section 1 of the Act of June 29, 1949 (46 U.S.C. 864b) is amended by(A) striking "Maritime Commission" and substituting "Maritime Administration of the Department of Transportation"; and (B) striking "Commission" and substituting "Maritime Administration". (37) Section 6 of the Merchant Marine Act, 1920 (46 U.S.C. 865) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "it" wherever it appears and substituting "he"; (C) striking ", upon an affirmative vote of not less than five of its members, spread upon the minutes of the board,"; and (D) striking "its" wherever it appears and substituting "his". (38) Section 1 of the Act of May 16, 1972 (46 U.S.C. 865a), is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (39) Section 7 of the Merchant Marine Act, 1920 (46 U.S.C. 866) is amended by— (A) other than in the second proviso, striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "its" and substituting "his". (40) Section 8 of the Merchant Marine Act, 1920 (46 U.S.C. 867) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "it" and substituting "he"; and (C) striking "its" and substituting "his". (41) Section 9 of the Merchant Marine Act, 1920 (46 U.S.C. 868) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "it" in the last sentence and substituting "he". (42) Section 10 of the Merchant Marine Act, 1920 (46 U.S.C. 869) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and

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95 STAT. 157

(B) striking "it" wherever it appears and substituting "he". (43) Section 12 of the Merchant Marine Act, 1920 (46 U.S.C. 871) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "it" the first two times it appears and substituting "him"; and (C) striking "its" and substituting "his". (44) Section 13 of the Merchant Marine Act, 1920 (46 U.S.C. 872) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "it" and substituting "him". (45) Section 17 of the Merchant Marine Act, 1920 (46 U.S.C. 875) is amended by— (A) striking the first paragraph; and (B) striking "Commission" wherever it appears and substituting "Secretary of Transportation". (46) Section 19 of the Merchant Marine Act, 1920, as amended, is 46 USC 876. amended by— (A) striking "The Commission" the first time it appears and substituting The Secretary of Transportation"; and (B) inserting after subsection (a) the following undesignated paragraph: "And the Federal Maritime Commission is authorized and directed in aid of the accomplishment of the purposes of this Act:". (47) Section 21 of the Merchant Marine Act. 1920 (46 U.S.C. 877) is amended by striking "Commission" and substituting "Secretary of Transportation". (48) Section 25 of the Merchant Marine Act, 1920 (46 U.S.C. 881) is amended by striking "Secretary of Commerce and the chairman of the Commission shall each appoint one representative" and substituting "Secretary of Transportation shall appoint one representative and the Secretary of the Department in which the C!oast Guard is operating shall appoint one representative (except in a case where such Secretary is the Secretary of Transportation in which case he shall appoint both representatives)". (49) Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883) is amended by striking "Secretary of Commerce" in the fourth proviso and substituting "Secretary of Transportation". (50) Section 28 of the Merchant Marine Act, 1920 (46 U.S.C. 884) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "it" in the second sentence and substituting "he". (51) Section 202 of the Merchant Marine Act, 1928 (46 U.S.C. 891b) is amended by— (A) striking "Commission" and substituting "Secretary of Transportation"; and (B) striking "its" wherever it appears and substituting "his". (52) Section 203 of the Merchant Marine Act, 1928 (46 U.S.C. 891c) is amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (53) Section 705 of the Merchant Marine Act, 1928 (46 U.S.C. 891w) is amended by striking "Maritime Commission" and substituting "Secretary of Transportation".

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Page:United States Statutes at Large Volume 95.djvu/184

 95 STAT. 158

PUBLIC LAW 97-31—AUG. 6, 1981 (54) Subsection B of the Ship Mortgage Act, 1920 (46 U.S.C. 911) is amended by striking "Commission" in paragraph (4) and substituting "Secretary of Transportation". (55) Subsection O of the Ship Mortgage Act, 1936 (46 U.S.C. 961) is amended by— (A) inserting a period after the word "Commission" in subsection (a); (B) inserting "The Secretary" at the beginning of the second sentence of subsection (a); (C) striking "Board" wherever it appears in subsections (a) and (d) and substituting "Secretary of Transportation"; and (D) striking "Secretary of Commerce" wherever it appears in subsection (e) and substituting "Secretary of Transportation". (56) Subsection V of the Ship Mortgage Act, 1920 (46 U.S.C. 982) is amended by striking "Secretary of Commerce is" and substituting "Secretary of Transportation or the Secretary of the Treasury are". (57) Subsection W of the Ship Mortgage Act, 1920 (46 U.S.C. 983) is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation or the Secretary of the Treasury". (58) Section 201 of the Ship Mortgage Act, 1936 (46 U.S.C. 1111) is amended by— (A) repeaHng subsection (a); (B) in subsection (d)— (i) inserting "and the Secretary of Transportation" after "The Commission"; (ii) striking "its" and substituting "their"; and (iii) striking "it" and substituting "them"; (C) in subsection (e)— (i) inserting "and the Secretary of Transportation" after "Commission" when it first appears and at the beginning of the second sentence; (ii) striking "its" in the second sentence and substituting "their"; and (iii) striking the proviso; and (D) inserting "or the Secretary of Transportation" after "Commission" and "it" wherever they appear in subsection (f). (59) The Act of June 25, 1938 (46 U.S.C. 1111a), is amended by striking "United States Maritime Commission" and substituting "Federal Maritime Commission and the Secretary of Transportation". (60) Section 202 of the Merchant Marine Act, 1936 (46 U.S.C. 1112) is amended by— (A) striking the first sentence; (B) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (C) striking "it" wherever it appears and substituting "he"; and (D) striking "its" and substituting "his". (61) Section 204 of the Merchant Marine Act, 1936 (46 U.S.C. 1114) is amended by— (A) striking "United States Maritime Commission" wherever it appears and substituting "Federal Maritime Commission and the Secretary of Transportation"; (B) inserting "and the Secretary of Transportation" following "The Commission" in subsection (b); (C) striking "is" in subsection (b) and substituting "are"; and (D) striking "it" wherever it appears and substituting "them".

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Page:United States Statutes at Large Volume 95.djvu/185

 PUBLIC LAW 97-31—AUG. 6, 1981

95 STAT. 159

(62) Section 205 of the Merchant Marine Act, 1936 (46 U.S.C. 1115) is amended by striking "Commission" and substituting "Federal Maritime Commission and the Secretary of Transportation". (63) Section 206 of the Merchant Marine Act, 1936 (46 U.S.C. 1116) is amended by— (A) striking "Commission" where it appears for the first time in the first and second sentences and substituting "Department of Transportation"; and (B) striking "Commission" wherever it appears and substituting "Secretary of Transportation". (64) Section 207 of the Merchant Marine Act, 1936 (46 U.S.C. 1117), is amended by— (A) striking "Commission" where it appears the first time in the first sentence and substituting "Federal Maritime Commission and the Secretary of Transportation"; (B) inserting "or his" after "its" in the first sentence; (C) inserting "or Secretary" after "Commission" where it appears for the second time in the first sentence and where it appears in the last sentence; and (D) inserting "and Secretary's" after "Commission's" in the second sentence. (65) Section 208 of the Merchant Marine Act, 1936 (46 U.S.C. 1118), is amended by— (A) striking "Commission" and substituting "Federal Maritime Commission and the Secretary of Transportation"; and (B) inserting "or his" after "its" wherever it appears. (66) The proviso clause of section 209(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1119(b)) is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (67) Sections 210 and 211 of the Merchant Marine Act, 1936 (46 U.S.C. 1120 and 1121) are amended by striking "Secretary of Commerce" where they appear and substituting "Secretary of Transportation". (68) Section 5 of Public Law 96-387 (46 U.S.C. 1121-1) is amended by 94 Stat. 1546. striking "Secretary of Commerce" and substituting "Secretary of Transportation". (69) Section 212 of the Merchant Marine Act, 1936 (46 U.S.C. 1122), is amended by— (A) striking "Commission" in the first line and substituting "Secretary of Transportation"; (B) inserting after subsection (d) the following undesignated paragraph: "The Federal Maritime Commission is authorized and directed—"; (C) inserting after subsection (e) the following undesignated paragraph: "The Secretary of Transportation is authorized and directed—"; and (D) striking "it" in subsection (g) and substituting "he". (70) Section 212(A) of the Merchant Marine Act, 1936 (46 U.S.C. 1122a) is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (71) Section 213 of the Merchant Marine Act, 1936 (46 U.S.C. 1123) is amended by striking "Commission" and substituting "Secretary of Transportation''. (72) Section 214 of the Merchant Marine Act, 1936 (46 U.S.C. 1124) is amended by—

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 95 STAT. 160

PUBLIC LAW 97-31—AUG. 6, 1981

(A) striking "Commission" where it appears the first time in subsection (a) and substituting "Federal Maritime Commission or the Secretary of Transportation"; (B) inserting "or the Secretary," after "designated by it" in subsection (a); (C) inserting "or the Secretary," after "Commission" where it appears in the third sentence of subsection (a) and wherever it appears in subsection (b); and (D) striking "it" in subsection (b) and substituting "it or he". (73) Section 215 of the Merchant Marine Act, 1936 (46 U.S.C. 1125) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "it" and substituting "his"; and (C) striking "its" in the first sentence and substituting "his". (74) Section 4 of the Act of February 6, 1941 (46 U.S.C. 1125a), is amended by— (A) striking "Commission" where it appears the first time and substituting "Secretary of Transportation"; and (B) striking "Commission" where it appears the second and third time and substituting "Secretary". (75) Section 216 of the Merchant Marine Act, 1936 (46 U.S.C. 1126), is amended by— (A) striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation"; (B) striking "it" wherever it appears in subsection (c) and substituting "he"; and (C) striking "itself in subsection (d) and substituting "himself. (76) Section 603 of the Department of Defense Appropriation Authorization Act, 1977 (46 U.S.C. 1126-1), is amended by striking "Assistant Secretary of Commerce for Maritime Affairs" and substituting "Maritime Administrator". (77) Section 34 of the Act of August 10, 1956 (46 U.S.C. 1126a-l), is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (78) The Act of August 9, 1946 (46 U.S.C. 1126b), is amended by striking "Chairman of the United States Maritime Commission ' wherever it appears and substituting "Secretary of Transportation". 46 USC ii26b-i. (79) The Act of September 14, 1961 (46 U.S.C. 1126a-l), is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (80) The Act of May 11, 1944 (46 U.S.C. 1126c), is amended by striking "Chairman of the United States Maritime Commission" and substituting "Secretary of Transportation". (81) The Act of July 22, 1947 (46 U.S.C. 1126d), is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (82) Section 301 of the Merchant Marine Act, 1936 (46 U.S.C. 1131), is amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (83) Section 302 of the Merchant Marine Act, 1936 (46 U.S.C. 1132), is amended by— (A) striking "Secretary of Commerce" in subsection (f) and sulDstituting "Secretary of the Department in which the Coast Guard is operating or the Secretary of the Treasury"; and (B) striking "Commission's" in subsection (g) and substituting "Transportation Department's".

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Page:United States Statutes at Large Volume 95.djvu/187

 PUBLIC LAW 97-31—AUG. 6, 1981 (84) Sections 501, 502, 503, 504, and 505 of the Merchant Marine Act, 1936 (46 U.S.C. 1151, 1152, 1153, 1154, and 1155), are amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (85) Section 502 of the Merchant Marine Act, 1936 (46 U.S.C. 1152), is amended by striking "Secretary of Commerce's" in subsection (c) and substituting "Secretary of Transportation's". (86) Section 402 of the Second Revenue Act of 1940 (46 U.S.C. 1155a), is amended by striking "United States Maritime Commission" and substituting "Secretary of Transportation". (87) Section 506 of the Merchant Marine Act, 1936 (46 U.S.C. 1156), is amended by— (A) striking "Commission" where it appears the first time and substituting "Secretary of Transportation"; and (B) striking "Commission" where it appears the next four times and substituting "Secretary". (88) Section 507 of the Merchant Marine Act, 1936 (46 U.S.C. 1157), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "its" and substituting "his". (89) Section 508 of the Merchant Marine Act, 1936 (46 U.S.C. 1158), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "it" and substituting "the Maritime Administration of the Department of Transportation". (90) Section 509 of the Merchant Marine Act, 1936 (46 U.S.C. 1159), is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (91) Section 510 of the Merchant Marine Act, 1936 (46 U.S.C. 1160), is amended by— (A) striking "Secretary of Commerce" wherever it appears other than the first time it appears in subsection (j) and substituting "Secretary of Transportation"; (B) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (C) striking "its" in subsection (f) and substituting "his"; (D) striking "Commission's" wherever it appears in subsection (g) and substituting "Secretary's"; and (E) striking "Secretary of Commerce" the first time it appears in subsection (j) and substituting "Maritime Administration of the Department of Transportation". (92) Section 511 of the Merchant Marine Act, 1936 (46 U.S.C. 1161), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "it" in paragraphs (g)(1)(A) and (B) and substituting "him". (93) Section 601 of the Merchant Marine Act, 1936 (46 U.S.C. 1171), is amended by striking "Secretary of Commerce" and "Commission" wherever they appear and substituting "Secretary of Transportation". (94) Sections 602 and 603 of the Merchant Marine Act, 1936 (46 U.S.C. 1172 and 1173), are amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation".

95 STAT. 161

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 95 STAT. 162

"Secretary."

PUBLIC LAW 97-31—AUG. 6, 1981 (95) Section 604 of the Merchant Marine Act, 1936 (46 U.S.C. 1174), is amended by— (A) striking "Commission" and substituting "Secretary of Transportation"; (B) striking "it" wherever it appears and substituting "he"; and (C) striking the colon and the proviso. (96) Sections 605 and 606 of the Merchant Marine Act, 1936 (46 U.S.C. 1175 and 1176), are amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (97) Section 607 of the Merchant Marine Act, 1936 (46 U.S.C. 1177), is amended by— (A) striking "Secretary of Commerce" whenever it appears and substituting "Secretary"; and (B) adding at the end of subsection (k), a new paragraph (9) to read as follows: "(9) The term 'Secretary' means the Secretary of Commerce with respect to eligible or qualified vessels operated or to be operated in the fisheries of the United States, and the Secretary of Transportation with respect to all other vessels.". (98) Section 608 of the Merchant Marine Act, 1936 (46 U.S.C. 1178), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "it" in the second sentence and substituting "he"; and (C) striking "it" in the last sentence and substituting "him". (99) Sections 609 and 610 of the Merchant Marine Act, 1936 (46 U.S.C. 1179 and 1180), are amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (100) Section 611 of the Merchant Marine Act, 1936 (46 U.S.C. 1181), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "it" in paragraph (a) and substituting "he"; and (C) striking "any member of the Commission, or any officer thereof designated by the Commission for that purpose" and substituting "the Secretary of Transportation or any officer designated by him for that purpose". (101) Section 612 of the Merchant Marine Act, 1936 (46 U.S.C. 1182), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "its" wherever it appears and substituting "his". (102) Section 613 of the Merchant Marine Act, 1936 (46 U.S.C. 1183), is amended by— (A) striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation"; (B) striking "it" in subsections (c) and (e) and substituting "he"; and (C) striking "Board" and substituting "Secretary of Transportation". (103) Section 701 of the Merchant Marine Act, 1936 (46 U.S.C. 1191), is amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (104) Section 702 of the Merchant Marine Act, 1936 (46 U.S.C. 1192), is amended by—

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Page:United States Statutes at Large Volume 95.djvu/189

 PUBLIC LAW 97-31—AUG. 6, 1981 (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "it" and substituting "he". (105) Section 703 of the Merchant Marine Act, 1936 (46 U.S.C. 1193), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "Commission's" in subsection (c) and substituting "Secretary's". (106) Section 704 of the Merchant Marine Act, 1936 (46 U.S.C. 1194), is amended by— (A) striking "Commission" the first time it appears in the first sentence and substituting "Department of Transportation"; (B) striking "Commission" the second time it appears in the first sentence and substituting "Secretary of Transportation"; and (C) striking all after the first sentence. (107) Section 705 of the Merchant Marine Act, 1936 (46 U.S.C. 1195), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "its" in the first sentence and substituting "the Department of Transportation's"; and (C) striking "its" in the second sentence and substituting "his". (108) Section 706 of the Merchant Marine Act, 1936 (46 U.S.C. 1196), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "its" in the first sentence and substituting "the Department of Transportation's"; (C) striking "Commission's" in the second sentence and substituting "the Department of Transportation's"; and (D) striking "its" in subsection (b) and substituting "his". (109) Section 707 of the Merchant Marine Act, 1936 (46 U.S.C. 1197) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "Commission's" in subsection (b) and substituting "Secretary's". (110) Section 708 of the Merchant Marine Act, 1936 (46 U.S.C. 1198) is amended by— (A) striking "Commission" and substituting "Secretary of Transportation"; and (B) striking "its" and substituting "his". (111) Section 709 of the Merchant Marine Act, 1936 (46 U.S.C. 1199) is amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (112) Section 710 of the Merchant Marine Act, 1936 (46 U.S.C. 1200) is amended by— (A) striking "Commission's" and substituting "Secretary of Transportation's"; and (B) striking "Commission" wherever it appears and substituting "Secretary of Transportation". (113) Section 711 of the Merchant Marine Act, 1936 (46 U.S.C. 1201) is amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (114) Section 712 of the Merchant Marine Act, 1936 (46 U.S.C. 1202) is amended by—

95 STAT. 163

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 95 STAT. 164

PUBLIC LAW 97-31—AUG. 6, 1981 (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "itself in subsection (a) and substituting "himself; (C) striking "its" in subsection (a) and substituting "his"; and (D) striking "it" in subsection (a) and substituting "he". (115) Section 713 of the Merchant Marine Act, 1936 (46 U.S.C. 1203) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "its" in subsection "the Department of Transportation's". (116) Section 714 of the Merchant Marine Act, 1936 (46 U.S.C. 1204) is amended by— (A) striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "Secretary of Commerce's" and substituting "Secretary of Transportation's". (117) Section 715 of the Merchant Marine Act, 1936 (46 U.S.C. 1205) is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (118) Section 716 of the Merchant Marine Act, 1936 (46 U.S.C. 1206) is amended by— (A) striking "Department of Commerce" and substituting "Department of Transportation"; and (B) striking "Secretary of Commerce" and substituting "Secretary of Transportation". (119) Section 801 of the Merchant Marine Act, 1936 (46 U.S.C. 1211) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "it" the first time it appears in clause (3) and substituting "he". (120) Section 802 of the Merchant Marine Act, 1936 (46 U.S.C. 1212) is amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (121) Sections 809 and 810 of the Merchant Marine Act, 1936 (46 U.S.C. 1213 and 1222) are amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (122) Section 805 of the Merchant Marine Act, 1936 (46 U.S.C. 1223) is amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (123) Section 806(a) of the Merchant Marine Act, 1936 (46 U.S.C. 1224) is amended by striking "Commission" and substituting "Commission or the Secretary of Transportation". (124) Section 807 of the Merchant Marine Act, 1936 (46 U.S.C. 1225) is amended by— (A) striking "or before the Commission" in the first sentence and substituting "or before the Commission or the Secretary of Transportation"; and (B) thereafter, striking the word "Commission" wherever it appears and substituting "Secretary of Transportation". (125) Section 806(c) and (d) of the Merchant Marine Act, 1936 (46 U.S.C. 1228) is amended by— (A) striking "Commission" substituting "Commission or the Secretary of Transportation";

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 PUBLIC LAW 97-31—AUG. 6, 1981

95 STAT. 165

(B) striking "United States Maritime Commission" and substituting "Federal Maritime Commission or the Secretary of Transportation"; and (C) inserting "or him" after "functions transferred to it" and after "vested in it" in the last paragraph. (126) Section 901(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1241(b)) is amended by striking "Secretary of Commerce" wherever it appears in subsection (b)(2) and substituting "Secretary of Transportation". (127) The Act of March 26, 1934 (46 U.S.C. 1241-1), is amended by striking "Commission" and substituting "Secretary of Transportation". (128) Section 801 of the Act of June 2, 1951 (46 U.S.C. 1241a), is amended by— (A) striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation"; and (B) striking "Department of Commerce" and substituting "Department of Transportation". (129) Section 101 of the Act of June 20, 1956 (46 U.S.C. 1241b), is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (130) The Act of August 1, 1956 (46 U.S.C. 1241c), is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (131) Section 902 of the Merchant Marine Act, 1936 (46 U.S.C. 1242), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "Commission's" wherever it appears and substituting "Secretary's"; (C) striking "United States Maritime Commission" wherever it appears and substituting "Secretary of Transportation"; (D) striking "its" the first time it appears and substituting "his"; and (E) striking "its" the second time it appears and substituting "the Department of Transportation's". (132) The Act of June 29, 1940 (46 U.S.C. 1242a), is amended by— (A) striking "United States Maritime Commission" and substituting "Secretary of Transportation"; (B) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; and (C) striking "it" in subsection (b) and substituting "he". (133) Section 905 of the Merchant Marine Act, 1936 (46 U.S.C. 1244), is amended by— (A) striking "Secretary of Commerce" in subsection (a) and substituting "Secretary of Transportation"; and (B) striking subsection (e). (134) Section 908 of the Merchant Marine Act, 1936 (46 U.S.C. 1247), is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (135) Section 1101 of the Merchant Marine Act, 1936 (46 U.S.C. 1271), is amended by— (A) striking "Secretary of Commerce" wherever it appears and substituting "Secretary"; and (B) adding a new subsection (n) to read as follows: "(n) The term 'Secretary' means the Secretary of Commerce with "Secretary." respect to fishing vessels and fishing facilities as provided by this

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 95 STAT. 166

PUBLIC LAW 9 7 - 3 1 - A U G. 6, 1981 title, and the Secretary of Transportation with respect to all other vessels.". (136)"Sections 1102, 1103, 1104, 1105, 1106, 1108, 1109, and 1110 of the Merchant Marine Act, 1936 (46 U.S.C. 1272, 1273, 1274, 1275, 1276, 1279a, 1279b, and 1279c), are amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary". (137) Section 101 of Public Law 85-469 (46 U.S.C. 1280), is amended by striking "Secretary of Commerce" and substituting "Secretary". (138) Section 1201(e) of the Merchant Marine Act, 1936 (46 U.S.C. 1281), is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (139) Section 1208 of the Merchant Marine Act, 1936 (46 U.S.C. 1288) is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (140) Section 601 of the Act of November 1, 1951 (46 U.S.C. 1288a), is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (141) Section 1213 of the Merchant Marine Act, 1936 (46 U.S.C. 1293), is amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (142) Section 1301 of the Merchant Marine Act, 1936 (46 U.S.C. 1295), is amended by— (A) striking "Secretary of Commerce" in paragraph (1) and substituting "Secretary of Transportation"; and (B) striking "Assistant Secretary of Commerce for Maritime Affairs" in paragraph (2) and substituting "Maritime Administrator". (143) Section 1302 of the Merchant Marine Act, 1936 (46 U.S.C. 1295a), is amended by striking "Secretary of Commerce" in paragraph (1) and substituting "Secretary of Transportation". (144) Section 1303 of the Merchant Marine Act, 1936 (46 U.S.C. 1295b), is amended by— (A) striking ' and the Secretary of Transportation" in paragraph (e)(3); (B) striking "the Secretary of the Department in which the United States Coast Guard is operating with respect to the United States Coast Guard and" in paragraph (e)(4); and (C) striking "Assistant Secretary of Commerce for Maritime Affairs" in paragraph (i)(l) and substituting "Maritime Administrator". (145) Section 1304 of the Merchant Marine Act, 1936 (46 U.S.C. 1295c), is amended by— (A) striking "and the Secretary of Transportation" in paragraph (g)(5); and (B) striking "the Secretary of the department in which the United States Coast Guard is operating with respect to the United States Coast Guard and" in paragraph (g)(6). (146) Section 14 of the Carriage of Goods by Sea Act (46 U.S.C. 1313) is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (147) Section 2 of the Civilian Nautical School Act (46 U.S.C. 1332) is amended by— (A) striking "United States Maritime Commission" and substituting "Secretary of Transportation"; (B) striking "Commission" and substituting "Secretary"; and (C) striking "it" and substituting "he". (148) Section 3 of the Civilian Nautical School Act (46 U.S.C. 1333) is amended by—

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 PUBLIC LAW 97-31—AUG. 6, 1981 (A) striking "Board of Supervising Inspectors, with the approval of the Secretary of Commerce," in subsection (a) and substituting "Secretary of the Department in which the Coast Guard is operating or Secretary of the Treasury"; and (B) striking "Secretary of Commerce" in subsection (b) and substituting "Secretary of the Department in which the Coast Guard is operating or Secretary of the Treasury". (149) Section 3 of the Maritime Academy Act of 1958 (46 U.S.C. 1382) is amended by striking "Secretary of Commerce" and substituting "Secretary of Transportation". (150) Section 305(b) of the Act of June 19, 1934 (47 U.S.C. 305(b)), is amended by striking "United States Shipping Board Bureau or the United States Shipping Board Merchant Fleet Corporation" and substituting "Maritime Administration of the Department of Transportation". (151) Section 352(a)(2) of the Act of June 19, 1934 (47 U.S.C. 352(a)(2)), is amended by striking "United States Maritime Commission" and substituting "Maritime Administration of the Department of Transportation". (152) Sections 1, 2, and 3 of the Act of August 9, 1954 (50 U.S.C. 196, 197, and 198), are amended by striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (153) Section 3 of the Merchant Ship Sales Act (50 U.S.C. App. 1736) is amended by— (A) striking " 'Commission' " and substituting " 'Secretary' "; (B) striking "United States Maritime Commission" and substituting "Secretary of Transportation"; and (C) striking "Commission" wherever it appears and substituting "Secretary". (154) Sections 4, 6, 7, 8, 10, and 13 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1737, 1739, 1740, 1741, 1743, and 1746) are amended by striking "Commission" wherever it appears and substituting "Secretary". (155) Section 5 of the Merchant Ship Sales Act (50 U.S.C. App. 1738), is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary"; (B) striking "its" wherever it appears in subsection (a) and substituting "his"; (C) striking "Maritime Commission" and substituting "Secretary of Transportation"; (ID) striking "Federal Maritime Board" wherever it appears and substituting "Maritime Administration"; and (E) striking "Secretary of Commerce" wherever it appears and substituting "Secretary of Transportation". (156) Section 2 of the Act of June 29, 1949 (50 U.S.C. App. 1738a), is amended by striking "Commission" wherever it appears and substituting "Secretary of Transportation". (157) Section 11 of the Merchant Ship Sales Act (50 U.S.C. App. 1744) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary of Transportation"; (B) striking "it" the first time it appears in subsection (a)(1) and where it appears in subsection (a)(2) and substituting "the Department of Transportation"; (C) striking "it" where it appears for the second time in subsection (a)(1) and substituting "he"; and

-194 O—82

13:QL3

95 STAT. 167

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 95 STAT. 168

PUBLIC LAW 97-31—AUG. 6, 1981 (D) striking "Secretary of Commerce" and substituting "Secretary of Transportation". (158) Section 12 of the Merchant Ship Sales Act (50 U.S.C. App. 1745) is amended by— (A) striking "Commission" wherever it appears and substituting "Secretary"; and (B) striking "Secretary of (Commerce" and substituting "Secretary of Transportation". (159) Section 26 of the Merchant Marine Act, 1920 (46 U.S.C. 882) is amended by striking, the words "Secretary of Commerce", and substituting "Secretary of the Department in which the Coast Guard is operating." Approved August 6, 1981.

LEGISLATIVE HISTORY—H.R. 4074: HOUSE REPORT No. 97-199 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, VoL 127 (1981): July 27, considered and passed House. July 29, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 32 (1981): Aug. 6, Presidential statement.

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 PUBLIC LAW 97-32—AUG. 6, 1981

95 STAT. 169

Public Law 97-32 97th Congress Joint Resolution Designating Augiist 13, 1981, as "National Blinded Veterans Recognition Day".

Aug. 6, 1981 [S.J. Res. 64]

Whereas there are thousands of Americans in the United States today who, as a result of service in the military forces of their country, incurred the catastrophic disability of blindness; Whereas, despite the extreme severity of their disability, most of these veterans have received rehabilitation and have returned to and continue to lead useful and productive lives; and Whereas the sacrifices and contributions that these veterans have made and the service rendered by the many veterans who later suffered blindness from nonservice related causes are deserving of national recognition: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That August 13, 1981, is National designated as "National Blinded Veterans Recognition Day", and the veTerans President is authorized and requested to issue a proclamation calling R|co^?tion Day. upon the people of the United States and interested groups and Designation. organizations to set aside this day to honor the sacrifices and service of blinded veterans in an appropriate manner. Approved August 6, 1981.

LEGISLATIVE HISTORY—S.J. Res. 64: CONGRESSIONAL RECORD, Vol. 127 (1981): June 25, considered and passed Senate. July 30, considered and passed House.

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 95 STAT. 170

PUBLIC LAW 97-33—AUG. 7, 1981 Public Law 97-33 97th Congress An Act

Aug. 7, 1981 [S. 1104]

International Investment Survey Act of 1976, amendment. Benchmark surveys.

U.S. portfolio investments abroad.

Data analysis, submittal to Congress.

Report.

To amend the International Investment Survey Act of 1976 to provide an authorization for further appropriations, to avoid unnecessary duplication of certain surveys, and for other puiposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 4(b) of the International Investment Survey Act of 1976 (22 U.S.C. 3103(b)) is amended by striMng all of such section before the words "among other things and to the extent he determines necessary and feasible—" and substituting the following: "(b) With respect to foreign direct investment in the United States, the President shall conduct a benchmark survey covering calendar year 1980, a benchmark survey covering calendar year 1987, and benchmark surveys covering every fifth calendar year thereafter. With respect to United States direct investment abroad, the President shall conduct a benchmark survey covering calendar year 1982, a benchmark survey covering calendar year 1989, and benchmark surveys covering every fifth year thereafter. In conducting surveys pursuant to this subsection, the President shall,". SEC. 2. Section 4(c)(2) of the International Investment Survey Act of 1976 (22 U.S.C. 3103(c)(2)) is amended to read as follows: "(2) In addition to the benchmark surveys conducted pursuant to paragraph (1), the President shall annually compile currently available data on United States portfolio investment abroad including items such as data on the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of private holders, diversification of holdings by economic sector, and holders of record. The President shall submit an analysis of such data to the Congress not later than the first day of July of each year.". SEC. 3. Section 4 of the International Investment Survey Act of 1976 (22 U.S.C. 3103) is amended by redesignating subsections (e) and (f), and all references thereto, as subsection (f) and (g), respectively, and by inserting the following new subsection after subsection (d): "(e) The Secretary of Commerce shall prepare a report on the estimated cost of monitoring and compiling data on legislation enacted by the m^or trading partners of the United States, and such other foreign nations as the Secretary deems appropriate, which regulates or restricts foreign inward investment in such foreign nations.".

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 PUBLIC LAW 97-33—AUG. 7, 1981 SEC. 4. Section 8 of the International Investment Survey Act of 1976 (22 U.S.C. 3107) is amended by striking "AND REVIEWS" in the section heading, by striking "(a)" immediately after "SEC. 8.", and by striking subsection (b). SEC. 5. Section 9 of the International Investment Survey Act of 1976 (22 U.S.C. 3108) is amended by striking "and" immediately after "1980," and by inserting immediately before the period at the end thereof the following: ", $4,000,000 for the fiscal year ending September 30, 1982, and such sums as may be necessary for any subsequent fiscal years". Approved August 7, 1981.

LEGISLATIVE HISTORY—S. 1104: SENATE REPORT No. 97-68 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): June 2, considered and passed Senate. June 27, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 33 (1981): Aug. 7, Presidential statement.

95 STAT. 171

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 95 STAT. 172

PUBLIC LAW 97-34—AUG. 13, 1981 Public Law 97-34 97th Congress An Act

Aug. 13, 1981 [H.R. 4242]

To amend the Internal Revenue Code of 1954 to encourage economic growth through reduction of the tax rates for individual taxpayers, acceleration of capital cost recovery of investment in plant, equipment, and real property, and incentives for savings, and for other purposes.

Economic

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

Recovery Tax Act of 1981. 26 USC 1 note.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OP 1954 CODE.

(a) SHORT TITLE.—This Act may be cited as the "Economic Recovery Tax Act of 1981". (b) TABLE OF CONTENTS.— Sec. 1. Short title; table of contents; amendment of 1954 Code. TITLE I-INDIVIDUAL INCOME TAX PROVISIONS Sec. Sec. Sec. Sec.

Subtitle A—Tax Reductions 101. Rate cuts; rate reduction credit. 102. 20-percent maximum rate on net capital gain for portion of 1981. 103. Deduction for two-earner married couples. 104. Adjustment to prevent inflation-caused tax increase. Subtitle B—Income Earned Abroad

Sec. 111. Partial exclusion for earned income from sources without the United States and foreign housing costs. Sec. 112. Repeal of deduction for certain expenses of living abroad. Sec. 113. Employees living in camps. Sec. 114. Reports by Secretary. Sec. 115. Effective date. Subtitle O—Miscellaneous Provisions Sec. 121. Deduction for charitable contributions to be allowed for individuals who do not itemize deductions. Sec. 122. 18-month periods for rollover of principal residence increased to 2 years. Sec. 123. One-time exclusion of gain increased to $125,000. Sec. 124. Increases in credit allowable for expenses for household and dependent care services necessary for gainful employment. Sec. 125. Deduction for adoption expenses paid by an individual. Sec. 126. Maximum rate of imputed interest for sale of land between related persons. Sec. 127. State legislators travel expenses away from home. Sec. 128. Rates of tax for principal campaign committees. TITLE n-BUSINESS INCENTIVE PROVISIONS Subtitle A—Cost Recovery Provisions Sec. Sec. Sec. Sec.

201. Accelerated cost recovery system. 202. Election to expense certain depreciable business assets. 203. Amendments related to depreciation. 204. Recapture on disposition of recovery property.

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 PUBLIC LAW 97-34—AUG. 13, 1981 Sec. Sec. Sec. Sec. Sec.

205. 206. 207. 208. 209.

Minimum tax treatment. Earnings and profits. Extension of carryover period for net operating losses and certain credits. Carryover of recovery attribute in section 381 transactions. Effective dates. Subtitle B—Investment Tax Credit Provisions

Sec. Sec. Sec. Sec.

211. 212. 213. 214.

Modification of investment tax credit to reflect accelerated cost recovery. Increase in investment tax credit for qualified rehabilitation expenditures. Investment credit for used property; increase in dollar limit. Investment tax credit allowed for certain rehabilitated buildings leased to tax-exempt organizations or to governmental units. Subtitle C—Incentives for Research and Experimentation

Sec. 221. Credit for increasing research activities. Sec. 222. Charitable contributions of scientific property used for research. Sec. 223. Suspension of regulations relating to allocation under section 861 of research and experimental expenditures. Subtitle D—Small Business Provisions Sec. Sec. Sec. Sec. Sec.

231. 232. 233. 234. 235.

Reduction in corporate rate taxes. Increase in accumulated earnings credit. Subchapter S shareholders. Treatment of trusts as subchapter S shareholders. Simplification of LIFO by use of Government indexes to be provided by regulations. Sec. 236. Three-year averaging permitted for increases in inventory value. Sec. 237. Election by small business to use one inventory pool when LIFO is elected. Subtitle E—Savings and Loan Associations

Sec. Sec. Sec. Sec. Sec. Sec.

241. 242. 243. 244. 245. 246.

Reorganizations involving financially troubled thrift institutions. Limitations on carryovers of financial institutions. Reserves for losses on loans. FSLIC financial assistance. Mutual savings banks with capital stock. Effective dates. Subtitle F—Stock Options, Etc.

Sec. 251. Stock options. Sec. 252. Property transferred to employees subject to certain restrictions. Subtitle G—Miscellaneous Provisions Sec. 261. Adjustments to new jobs credit. Sec. 262. Section 189 made inapplicable to low-income housing. Sec. 263. Increase in deduction allowable to a corporation in any taxable year for charitable contributions. Sec. 264. Amortization of low-income housing. Sec. 265. Deductibility of gifts by employers to employees. Sec. 266. Deduction for motor carrier operating authority. Sec. 267. Limitation on additions to bank loss reserves. TITLE III—SAVINGS PROVISIONS Subtitle A—Interest Exclusion Sec. 301. Exclusion of interest on certain savings certificates. Sec. 302. Partial exclusion of interest. Subtitle B—Retirement Savings Provisions Sec. Sec. Sec. Sec.

311. 312. 313. 314.

Retirement savings. Increase in amount of self-employed retirement plan deduction. Rollovers under bond purchase plans. Miscellaneous provisions.

95 STAT. 173

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 95 STAT. 174

PUBLIC LAW 97-34—AUG. 13, 1981 Subtitle C—Reinvestment of Dividends in Public Utilities Sec. 321. Encouragement of reinvestment of dividends in the stock of public utilities. Subtitle D—Employee Stock Ownership Provisions Sec. 331. PayroU-based credit for establishing employee stock ownership plan. Sec. 332. Termination of the portion of the investment credit attributable to employee plan percentage. Sec. 333. Tax treatment of contributions attributable to principal and interest payments in connection with an employee stock ownership plan. Sec. 334. Cash distributions from an employee stock ownership plan. Sec. 335. Put option for stock bonus plans. Sec. 336. Put option requirements for banks; put option period. Sec. 337. Distribution of employer securities from a tax credit employee stock ownership plan in the case of a sale of employer assets or stock. Sec. 338. Pass through of voting rights on employer securities. Sec. 339. Effective date. TITLE IV-ESTATE AND GIFT TAX PROVISIONS Subtitle A—Increase in Unified Credit; Rate Reduction; Unlimited Marital Deduction Sec. 401. Increase in unified credit. Sec. 402. Reduction in maximum rates of tax. Sec. 403. Unlimited marital deduction. Subtitle B—Other Estate Tax Provisions Sec. 421. Valuation of certain farm, etc., real property. Sec. 422. Coordination of extensions of time for payment of estate tfix where estate consists largely of interest in closely held business. Sec. 423. Treatment of certain contributions of works of art, etc. Sec. 424. Gifts made within 3 years of decedent's death not included in gross estate. Sec. 425. Basis of certain appreciated property transferred to decedent by gift within one year of death. Sec. 426. Disclaimers. Sec. 427. Repeal of deduction for bequests, etc., to certain minor children. Sec. 428. Postponement of generation-skipping tax effective date. Sec. 429. Credit against estate tax for transfer to Smithsonian. Subtitle C—Other Gift Tax Provisions Sec. 441. Increase in annual gift tax exclusion; unlimited exclusion for certain transfers. Sec. 442. Time for payment of gift taxes. TITLE V—TAX STRADDLES Sec. 501. Postponement of recognition of losses, etc. Sec. 502. Capitalization of certain interest and carrying charges in the case of straddles. Sec. 503. Regulated futures contracts marked to market. Sec. 504. Carryback of losses from regulated futures contracts to offer prior gains from such contracts. Sec. 505. Certain governmental obligations issued at discount treated as capital assets. Sec. 506. Prompt identification of securities by dealers in securities. Sec. 507. Treatment of gain or loss from certain terminations. Sec. 508. Effective dates. Sec. 509. Election for extension of time for payment and application of section 1256 for the taxable year including June 23, 1981.

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 PUBLIC LAW 97-34—AUG. 13, 1981 TITLE VI-ENERGY PROVISIONS Subtitle A—Changes in Windfall Profit Tax Sec. Sec. Sec. Sec.

601. $2,500 royalty credit for 1981; exemption for 1982 and thereafter. 602. Reduction in tax imposed on newly discovered oil. 603. Exempt independent producer stripper well oil. 604. Exemption from windfall profit tax of oil produced from interests held by or for the benefit of residential child care agencies. Subtitle B—Miscellaneous Provision

Sec. 611. Application of credit for producing natural gas from a nonconventional source with the Natural Gas Policy Act of 1978. TITLE VII—ADMINISTRATIVE PROVISIONS Subtitle A—Prohibition of Disclosure of Audit Methods Sec. 701. Prohibition of disclosure of methods for selection of tax returns for audits. Subtitle B—Changes in Interest Rate for Overpayments and Underpayments Sec. 711. Changes in rate of interest for overpayments and underpayments. Subtitle C—Changes in Certain Penalties and in Requirements Relating to Returns Sec. 721. Changes in penalties for false information with respect to withholding. Sec. 722. Additions to tax in the case of valuation overstatements, increase in negligence penalty. Sec. 723. Changes in requirements relating to information returns. Sec. 724. Penalty for overstated deposit claims. Sec. 725. Declaration of estimated tax not required in certain cases. Subtitle D—Cash Management Sec. 731. Cash management. Subtitle E—Financing of Railroad Retirement System. Sec. 741. Increases in employer and employee taxes. Sec. 742. Advance transfer of amounts payable under social security financial interchange. Sec. 743. Amendments to section 3231 clarifying definition of compensation. Subtitle F—Filing Fees Sec. 751. Fees for filing petitions. TITLE VIII—MISCELLANEOUS PROVISIONS Subtitle A—Extensions Sec. 801. Fringe benefits. Sec. 802. Exclusion for prepaid legal services 3 years. Subtitle B—Tax-Exemption Obligations Sec. 811. Tax-exempt financing for vehicles used for mass commuting. Sec. 812. Obligations of certain volunteer fire departments. Subtitle C—Excise Taxes Sec. 821. Extension of telephone excise tax. Sec. 822. Exclusion of certain services from Federal Unemployment Tax Act. Sec. 823. Private foundation distributions. Subtitle D—Other Provisions Sec. 831. Technical amendments relating to dispositions of investment in United States real property. Sec. 832. Modification of foreign investment company provisions.

95 STAT. 175

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 95 STAT. 176

PUBLIC LAW 97-34—AUG. 13, 1981 (c) AMENDMENT OF 1954 CODE.—Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed m terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954.

TITLE I—INDIVIDUAL INCOME TAX PROVISIONS Subtitle A—Tax Reductions 26 USC 1.

SEC. 101. RATE CUTS; RATE REDUCTION CREDIT. (a) RATE REDUCTION.—Section 1 (relating to tax imposed) is

amended to read as follows: "SECTION 1. TAX IMPOSED. "(a) MARRIED INDIVIDUALS FIUNG JOINT RETURNS AND SURVIVING

SPOUSES.—There is hereby imposed on the taxable income of every married individual (as defined in section 143) who makes a single return jointly with his spouse under section 6013, and every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following tables: "(1) FOR TAXABLE YEARS B E G I N N I N G I N 1982.—

"If taxable income is: Not over $3,400 Over $3,400 but not over $5,500 Over $5,500 but not over $7,600 Over $7,600 but not over $11,900 Over $11,900 but not over $16,000 Over $16,000 but not over $20,200 Over $20,200 but not over $24,600 Over $24,600 but not over $29,900 Over $29,900 but not over $35,200 Over $35,200 but not over $45,800 Over $45,800 but not over $60,000 Over $60,000 but not over $85,600 Over $85,600

The tax is: No tax. 12% of the excess over $3,400. $252, plus 14% of the excess over $5,500. $546, plus 16% of the excess over $7,600. $1,234, plus 19% of the excess over $11,900. $2,013, plus 22% of the excess over $16,000. $2,937, plus 25% of the excess over $20 200 $4,037, plus 29% of the excess over $24,600. $5,574, plus 33% of the excess over $29,900. $7,323, plus 39% of the excess over $35,200. $11,457, plus 44% of the excess over $45,800. $17,705, plus 49% of the excess over $60,000. $30,249, plus 50% of the excess over $85,600.

"(2) FOR TAXABLE YEARS B E G I N N I N G I N 1983.—

"If taxable income is: Not over $3,400 Over $3,400 but not over $5,500 Over $5,500 but not over $7,600 Over $7,600 but not over $11,900 Over $11,900 but not over $16,000 Over $16,000 but not over $20,200 Over $20,200 but not over $24,600 Over $24,600 but not over $29,900

The tax is: No tax. 11% of the excess over $3,400, $231, plus 13% of the excess $5,500. $504, plus 15% of the excess $7,600. $1,149, plus 17% of the excess $11,900. $1,846, plus 19% of the excess $16,000. $2,644, plus 23% of the excess $20,200. $3,656, plus 26% of the excess $24,600.

over over over over over over

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 PUBLIC LAW 97-34—AUG. 13, 1981 "If taxable income is: Over $29,900 but not over $35,200 Over $35,200 but not over $45,800 Over $45,800 but not over $60,000 Over $60,000 but not over $85,600 Over $85,600 but not over $109,400 Over $109,400

The tax is: $5,034, plus 30% of the $29,900. $6,624, plus 35% of the $35,200. $10,334, plus 40% of the $45,800. $16,014, plus 44% of the $60,000. $27,278, plus 48% of the $85,600. $38,702, plus 50% of the $109,400.

95 STAT. 177 excess over excess over excess over excess over excess over excess over

"(3) FOR TAXABLE YEARS BEGINNING AFTER less.— "If taxable income is: Not over $3,400 Over $3,400 but not over $5,500 Over $5,500 but not over $7,600

The tax is: No tax. 11% of the excess over $3,400. $231, plus 12% of the excess $5,500. Over $7,600 but not over $11,900 $483, plus 14% of the excess $7,600. Over $11,900 but not over $16,000 $1,085, plus 16% of the excess $11,900. Over $16,000 but not over $20,200 $1,741, plus 18% of the excess $16,000. Over $20,200 but not over $24,600 $2,497, plus 22% of the excess $20,200. Over $24,600 but not over $29,900 $3,465, plus 25% of the excess $24,600. Over $29,900 but not over $35,200 $4,790, plus 28% of the excess $29 900 Over $35,200 but not over $45,800 $6,274, plus 33% of the excess $35,200. Over $45,800 but not over $60,000 $9,772, plus 38% of the excess $45,800. Over $60,000 but not over $85,600 $15,168, plus 42% of the excess $60,000. Over $85,600 but not over $109,400 $25,920, plus 45% of the excess $85,600. Over $109,400 but not over $162,400 $36,630, plus 49% of the excess $109,400. Over $162,400 $62,600, plus 50% of the excess $162,400. "(b) HEADS OF HOUSEHOLDS.—There is hereby imposed on

over over over over over over over over over over over over over the

taxable income of every individual who is the head of a household (as defined in section 2(b)) a tax determined in accordance with the 26 USC 2. following tables: "(1) FOR TAXABLE YEARS BEGINNING IN 1982.— "If taxable Income is: Not over $2,300 Over $2,300 but not over $4,400 Over $4,400 but not over $6,500 Over $6,500 but not over $8,700 Over $8,700 but not over $11,800 Over $11,800 but not over $15,000 Over $15,000 but not over $18,200 Over $18,200 but not over $23,500 Over $23,500 but not over $28,800 Over $28,800 but not over $34,100 Over $34,100 but not over $44,700

The tax is: No tax. 12% of the excess over $2,300. $252, plus 14% of the excess $4,400. $546, plus 16% of the excess $6,500. $898, plus 20% of the excess $8 700 $1,518, plus 22% of the excess $11,800. $2,222, plus 23% of the excess $15,000. $2,958, plus 28% of the excess $18,200. $4,442, plus 32% of the excess $23,500. $6,138, plus 38% of the excess $28 800 $8,152, plus 41% of the excess $34,100.

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Page:United States Statutes at Large Volume 95.djvu/204

 95 STAT. 178

PUBLIC LAW 97-34—AUG. 13, 1981 "If taxable income is: Over $44,700 but not over $60,600 Over $60,600

The tax is: $12,498, plus 49% of the excess over $44,700. $20,289, plus 50% of the excess over $60,600.

"(2) FOR T A X A B L E Y E A R S B E G I N N I N G I N I 9 8 3. —

"If taxable income is: Not over $2,300 Over $2,300 but not over $4,400 Over $4,400 but not over $6,500 Over $6,500 but not over $8,700 Over $8,700 but not over $11,800 Over $11,800 but not over $15,000 Over $15,000 but not over $18,200 Over $18,200 but not over $23,500 Over $23,500 but not over $28,800 Over $28,800 but not over $34,100 Over $34,100 but not over $44,700 Over $44,700 but not over $60,600 Over $60,600 but not over $81,800 Over $81,800

The tax is: No tax. 11% of the excess over $2,300. $231, plus 13% of the excess $4,400. $504, plus 15% of the excess $6,500. $834, plus 18% of the excess $8 700 $1,392, plus 19% of the excess $11,800. $2,000, plus 21% of the excess $15,000. $2,672, plus 25% of the excess $18,200. $3,997, plus 29% of the excess $23,500. $5,534, plus 34% of the excess $28,800. $7,336, plus 37% of the excess $34,100. $11,258, plus 44% of the excess $44,700. $18,254, plus 48% of the excess $60,600. $28,430, plus 50% of the excess $81,800.

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"(3) FOR T A X A B L E Y E A R S B E G I N N I N G A F T E R 1983. —

"If taxable income is: Not over $2,300 Over $2,300 but not over $4,400 Over $4,400 but not over $6,500

The tax is: No tax. 11% of the excess over $2,300. $231, plus 12% of the excess over $4,400. Over $6,500 but not over $8,700 $483, plus 14% of the excess over $6,500. Over $8,700 but not over $11,800 $791, plus 17% of the excess over $8 700 Over $11,800 but not over $15,000 $1,318, plus 18% of the excess over $11,800. Over $15,000 but not over $18,200 $1,894, plus 20% of the excess over $15,000. Over $18,200 but not over $23,500 $2,534, plus 24% of the excess over $18,200. Over $23,500 but not over $28,800 $3,806, plus 28% of the excess over $23,500. Over $28,800 but not over $34,100 $5,290, plus 32% of the excess over $28,800. Over $34,100 but not over $44,700 $6,986, plus 35% of the excess over $34,100. Over $44,700 but not over $60,600 $10,696, plus 42% of the excess over $44,700. Over $60,600 but not over $81,800 $17,374, plus 45% of the excess over $60,600. Over $81,800 but not over $108,300 $26,914, plus 48% of the excess over $81,800. Over $108,300 $39,634, plus 50% of the excess over $108,300. "(c) UNMARRIED INDIVIDUALS (OTHER THAN SURVIVING SPOUSES AND HEADS or HOUSEHOLDS).—There is hereby imposed on the tax-

26 USC 2.

able income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 143) a tax determined in accordance with the following tables:

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Page:United States Statutes at Large Volume 95.djvu/205

 PUBLIC LAW 97-34—AUG. 13, 1981

95 STAT. 179

"(1) FOR T A X A B L E Y E A R S B E G I N N I N G I N I 9 8 2. —

"If taxable income is: Not over $2,300 Over $2,300 but not over $3,400 Over $3,400 but not over $4,400 Over $4,400 but not over $6,500 Over $6,500 but not over $8,500 Over $8,500 but not over $10,800 Over $10,800 but not over $12,900 Over $12,900 but not over $15,000 Over $15,000 but not over $18,200 Over $18,200 but not over $23,500 Over $23,500 but not over $28,800 Over $28,800 but not over $34,100 Over $34,100 but not over $41,500 Over $41,500

The tax is: No tax. 12% of the excess over $2,300. $132, plus 14% of the excess $3,400. $272, plus 16% of the excess $4,400. $608, plus 17% of the excess $6,500. $948, plus 19% of the excess $8,500. $1,385, plus 22% of the excess $10,800. $1,847, plus 23% of the excess $12,900. $2,330, plus 27% of the excess $15,000. $3,194, plus 31% of the excess $18 200 $4,837, plus 35% of the excess $23 500 $6,692, plus 40% of the excess $28 800 $8,812, plus 44% of the excess $34,100. $12,068, plus 50% of the excess $41,500.

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"(2) FOR T A X A B L E Y E A R S B E G I N N I N G I N 1983. —

"If taxable income is: Not over $2,300 Over $2,300 but not over $3,400 Over $3,400 but not over $4,400 Over $4,400 but not over $8,500 Over $8,500 but not over $10,800 Over $10,800 but not over $12,900 Over $12,900 but not over $15,000 Over $15,000 but not over $18,200 Over $18,200 but not over $23,500 Over $23,500 but not over $28,800 Over $28,800 but not over $34,100 Over $34,100 but not over $41,500 Over $41,500 but not over $55,300 Over $55,300

The tax is: No tax. 11% of the excess over $2,300. $121, plus 13% of the excess $3,400. $251, plus 15% of the excess $4,400. $866, plus 17% of the excess $8,500. $1,257, plus 19% of the excess $10,800. $1,656, plus 21% of the excess $12,900. $2,097, plus 24% of the excess $15,000. $2,865, plus 28% of the excess $18,200. $4,349, plus 32% of the excess $23,500. $6,045, plus 36% of the excess $28 800 $7,953, plus 40% of the excess $34,100. $10,913, plus 45% of the excess $41,500. $17,123, plus 50% of the excess $55,300.

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"(3) FOR T A X A B L E Y E A R S B E G I N N I N G A F T E R I 9 8 3. —

"If taxable income is: Not over $2,300 Over $2,300 but not over $3,400 Over $3,400 but not over $4,400 Over $4,400 but not over $6,500 Over $6,500 but not over $8,500 Over $8,500 but not over $10,800 Over $10,800 but not over $12,900

The tax is: No tax. 11% of the excess over $2,300. $121, plus 12% of the excess $3,400. $241, plus 14% of the excess $4,400. $535, plus 15% of the excess $6,500. $835, plus 16% of the excess $8,500. $1,203, plus 18% of the excess $10,800.

over over over over over

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