text:
Page:United States Statutes at Large Volume 97.djvu/620

 97 STAT. 588 PUBLIC LAW 98-89 —AUG. 26, 1983 § 12110. Limitations on operations authorized by certificates (a) A vessel may not be employed in a trade except a trade covered by the certificate of documentation issued for that vessel. A docu- mented pleasure vessel may be operated only for pleasure. However, a certificate of documentation may be exchanged, under regulations prescribed by the Secretary, for another t3rpe of certificate of docu- mentation or endorsed appropriately for a trade for which the vessel qualifies. (b) A barge qualified to be employed in the coastwise trade may be employed, without being documented, in that trade on rivers, har- bors, lakes (except the Great Lakes), canals, and inland waters. (c) When a vessel is employed in a trade not covered by the certificate of documentation issued for that vessel, or a documented pleasure vessel is operated except for pleasure, the vessel and its equipment are liable to seizure by and forfeiture to the United States Government. (d) A documented vessel may be placed under the command only of a citizen of the United States. § 12111. Invalidation of certiHeates of documentation (a) A certificate of documentation is invalid if the vessel for which it is issued— (1) no longer meets the requirements of this chapter and regulations prescribed under this chapter applicable to that certificate of documentation; or (2) is placed under the command of a person not a citizen of the United States. (b) Except as provided by section 30(0) of the Merchant Marine Act, 1920 (46 App. U.S.C. 961(a)), an invalid certificate of documenta- tion shall be surrendered as provided by regulations prescribed by the Secretary. § 12112. Vessels procured outside the United States (a) The Secretary and the Secretary of State, acting jointly, may provide for the issuance of an appropriate document for a vessel procured outside the United States meeting the ownership require- ments of section 12102 of this title. (b) Subject to limitations the Secretary may prescribe, a vessel for which an appropriate document is issued under this section may proceed to the United States and engage en route in the foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. On the vessel's arrival in the United States, the document shall be surrendered as provided by regulations pre- scribed by the Secretary. (c) A vessel for which a document is issued under this section is Suspension. subject to the jursidiction and laws of the United States. However, the Secretary may suspend for a period of not more than 6 months, the application of a vessel inspection law carried out by the Secre- tary or regulations prescribed under that law if the Secretary considers the suspension to be in the public interest. § 12113. Ports of documentation The Secretary shall designate ports of documentation in the United States at which vessels may be documented and instruments affecting title to, or interest in, documented vessels may be recorded. The Secretary—

�


text:
Page:United States Statutes at Large Volume 97.djvu/621

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 589 (1) shall specify the geographic area to be served by each designated port; and (2) may discontinue, relocate, or designate additional ports of documentation. § 12114. Home ports (a) The port of documentation selected by an owner of a vessel and approved by the Secretary for the documentation of the vessel is the vessel's home port. (h) Once a vessel's home port is established, it may not be changed without the approval of the Secretary. § 12115. Names of vessels (a) The name of the vessel selected by the owner and approved by the Secretary for the documentation of the vessel is the vessel's name of record. Qj) Once a vessel's name of record is established, it may not be changed without the approval of the Secretary. (c) The Secretary may prescribe by regulation a reasonable fee for changing a documented vessel's name of record. § 12116. Numbers, signal letters, and identification markings (a) The Secretary shall maintain a numbering system for the identification of a documented vessel and shall assign a number to each documented vessel. (b) The Secretary may mainteiin a system of signal letters for a documented vessel. (c) The owner of a documented vessel shall affix to the vessel and maintain in the manner prescribed by the Secretary the number assigned and any other identification markings the Secretary may require. § 12117. Recording of United States built vessels The Secretary may provide for the recording and certifying of information about vessels built in the United States that the Secre- tary considers to be in the public interest. § 12118. Registration of funnel marks and house flags The Secretary shall provide for the registration of funnel marks and house flags by owners of vessels. § 12119. List of documented vessels The Secretary shall publish periodically a list of all documented vessels and information about those vessels that the Secretary considers pertinent or useful. The list shall contain a notation clearly indicating all vessels classed by the American Bureau of Shipping. § 12120. Reports To ensure compliance with this chapter and laws governing the qualifications of vessels to engage in the coastwise trade and the fisheries, the Secretary may require owners and masters of docu- mented vessels to submit reports in any reasonable form and manner the Secretary may prescribe. § 12121. Regulations The Secretary may prescribe regulations to carry out this chapter.

�

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


text:
Page:United States Statutes at Large Volume 97.djvu/622

 97 STAT. 590 PUBLIC LAW 98-89 —AUG. 26, 1983 § 12122. Penalties (a) A person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $500. (b) When the owner of a vessel knowingly falsifies or conceals a material fact, or makes a false statement or representation about the documentation of the vessel, that vessel and its equipment are liable to seizure by and forfeiture to the United States Government. (c) When a certificate of documentation is knowingly and fraudu- lently used for a vessel, that vessel and its equipment are liable to seizure by and forfeiture to the Government. CHAPTER 123—NUMBERING UNDOCUMENTED VESSELS Regulations. Approval withdrawal. Sec. 12301. Numbering vessels. 12302. Standard numbering system. 12303. Exemption from numbering requirements. 12304. Certificates of numbers. 12305. Displaying numbers. 12306. Safety certificates. 12307. Regulations on numbering and fees. 12308. Providing vessel numbering and registration information. 12309. Penalties. § 12301. Numbering vessels An undocumented vessel equipped with propulsion machinery of any kind shall have a number issued by the proper issuing authority in the State in which the vessel principally is operated. § 12302. Standard numbering system (a) The Secretary shall prescribe by regulation a standard num- bering system for vessels to which this chapter applies. On applica- tion by a State, the Secretary shall approve a State numbering system that is consistent with the standard numbering system. In carrying out its numbering system, a State shall adopt any defini- tions of relevant terms prescribed by regulations of the Secretary. Qo) A State with an approved numbering system is the issuing authority within the meaning of this chapter. The Secretary is the issuing authority in a State in which a State numbering system has not been approved. (c) When a vessel is numbered in a State, it is deemed in compli- ance with the numbering system of a State in which it temporarily is operated. (d) When a vessel is removed to a new State of principal operation, the issuing authority of that State shall recognize the validity of the number issued by the original State for 60 days. (e) If a State has a numbering system approved after the Secretary issues a number, the State shall recognize the validity of the number issued by the Secretary for one year. (f) When the Secretary decides that a Stote numbering system is not being carried out consistent with the stondard numbering system or the Stote has changed the system without the Secretary's approval, the Secretary may withdraw approval after giving notice to the State, in writing, stoting the reasons for the withdrawal.

�


text:
Page:United States Statutes at Large Volume 97.djvu/623

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 591 § 12303. Exemption from numbering requirements (a) When the Secretary is the authority issuing a number under this chapter, the Secretary may exempt a vessel or class of vessels from the numbering requirements of this chapter under conditions the Secretary may prescribe. (b) When a State is the issuing authority, it may exempt from the numbering requirements of this chapter a vessel or class of vessels exempted under subsection (a) of this section or otherwise as permit- ted by the Secretary. § 12304. Certificates of numbers (a) A certificate of number is granted for a number issued under this chapter. The certificate shall be pocketsized, shall be at all times available for inspection on the vessel for which issued when the vessel is in operation, and may be valid for not more thsm 8 years. The certificate of number for a vessel less than 26 feet in length and leased or rented to another for the latter's noncommer- cial operation of less than 7 days may be retained on shore by the vessel's owner or representative at the place from which the vessel departs or returns to the possession of the owner or the owner's representative. A vessel that does not have the certificate of number on board shall be identified when in operation, and comply with requirements, as the issuing authority prescribes. (b) The owner of a vessel numbered under this chapter shall provide— (1) the issuing authority notice of the transfer of any part of the owner's interest in the vessel or of the destruction or abandonment of the vessel, within a reasonable time after the transfer, destruction, or abandonment; and (2) notice of a change of address within a reasonable time of the change, as prescribed by regulation. § 12305. Displaying numbers A number required by this chapter shall be painted on, or at- tached to, each side of the forward half of the vessel for which it was issued, and shall be the size, color, and type as may be prescribed by the Secretary. No other number may be carried on the forward half of the vessel. § 12306. Safety certificates When a State is the authority issuing a number under this chapter, it may require that the individual in charge of a numbered vessel have a valid safety certificate issued under conditions set by the issuing authority, except when the vessel is subject to manning requirements under part F of this subtitle. Ante, p. 547. § 12307. Regulations on numbering and fees The authority issuing a number under this chapter may prescribe regulations and establish fees to cariy out the intent of this chapter. The fees shall apply equally to residents and nonresidents of the State. A State issuing authority may impose only conditions for vessel numbering that are— (1) prescribed by this chapter or regulations of the Secretary about the standard numbering system; or (2) related to proof of payment of State or local taxes.

�


text:
Page:United States Statutes at Large Volume 97.djvu/624

 97 STAT. 592 PUBLIC LAW 98-89—AUG. 26, 1983 28 USC 636. § 12308. Providing vessel numbering and registration information A person may request from an authority issuing a number under this chapter the numbering and registration information of a vessel that is retrievable from vessel numbering system records of the issuing authority. When the issuing authority is satisfied that the request is reasonable and related to a boating safety purpose, the information shall be provided on paying the cost of retrieving and providing the information requested. § 12309. Penalties (a) A person willfully violating this chapter or a regulation pre- scribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both. (b) A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty. (c) When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under section 636(b) of title 28. PART I—STATE BOATING SAFETY PROGRAMS CHAPTER 131—RECREATIONAL BOATING SAFETY Contracts. Guidelines and standards. Sec. 13101. State recreational boating seifety programs. 13102. Program acceptance. 13103. Allocations. 13104. Availability of allocations. 13105. Computation decisions about State amounts expended. 13106. Authorization of contract spending. 13107. National Recreational Boating Safety and Facilities Improvement Fund. 13108. Computing amounts allocated to States and State records requirements. 13109. Consultation, cooperation, and regulation. 13110. National Boating Safety Advisory Council. § 13101. State recreational boating safety programs (a) To encourage greater State participation and uniformity in boating safety and facility improvement efforts, and particularly to permit the States to assume the greater share of boating safety education, assistance, and enforcement activities, the Secretary shall carry out a national recreational boating safety and facilities improvement program. Under this program, the Secretary may make contracts with, and allocate and distribute amounts to, eligi- ble States to assist them in developing, carrying out, and financing State recreational boating safety and facilities improvement programs. (b) The Secretary shall establish guidelines and standards for the program. In doing so, the Secretary— (1) shall consider, among other things, factors affecting recre- ational boating safety by contributing to overcrowding and congestion of waterways, such as the increasing number of

�


text:
Page:United States Statutes at Large Volume 97.djvu/625

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 593 recreational vessels operating on those waterways and their geographic distribution, the availability and geographic distri- bution of recreational boating facilities in and among applying States, and State marine casualty and fatsdity statistics for recreational vessels; (2) shall consult with the Secretary of the Interior to minimize duplication with the purposes and expenditures of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 — 4601-11) and with the guidelines developed under that Act; and (3) shall maintain environmental standards consistent with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451-1464) and other laws and policies of the United States intended to safeguard the ecological and esthetic quality of the waters and wetlands of the United States. (c) A State whose recreational boating safety and facilities im- provement program has been approved by the Secretary is eligible for allocation and distribution of amounts under this chapter to assist that State in developing, carrying out, and financing its program. Matching amounts shall be allocated and distributed among eligible States by the Secretary as provided by section 13103 of this title. § 13102. Program acceptance (a) The Secretary may make a contract with, and allocate and distribute amounts from the Fund established under section 13107 of this title to, a State that has an approved State recreational boating safety and facilities improvement program, if the State demonstrates to the Secretary's satisfaction that— (1) the program submitted by that State is consistent with this chapter and chapters 61 and 123 of this title; (2) amounts distributed will be used to develop and carry out a State recreational boating safety and facilities improvement program containing the minimum requirements of subsection (c), (d), or (f) of this section; (3) sufficient State matching amounts are available from general revenue, undocumented vessel numbering and license fees. State marine fuels teixes, or from a fund constituted from the proceeds of those taxes and established to finance a State recreational boating safety and facilities improvement program; and (4) the program submitted by that State designates a State lead authority or agency that will carry out or coordinate carrying the State recreational boating safety and facilities improvement program supported by financial sissistance of the United States Government in that State, including the require- ment that the designated State authority or agency submit required reports that are necessary and reasonable to carry out properly and efficiently the program and that are in the form prescribed by the Secretary. (b) Amounts of the Government from sources (except sources referred to in subsection (a)(3) of this section) may not be used to provide a State's share of the costs of the program described under this section. State matching amounts committed to a program under this chapter may not be used to constitute the State's share of matching amounts required by another program of the Government. (c) The Secretary shall approve a State recreational boating safety program, and the program is eligible to receive amounts authorized 16 USC 460/-4- 460Z-11. Contracts with States. Ante, pp. 535, 590. Restriction.

�


text:
Page:United States Statutes at Large Volume 97.djvu/626

 97 STAT. 594 PUBLIC LAW 98-89 —AUG. 26, 1983 to be expended under section 13106 of this title, if the program includes— (1) a vessel numbering system approved or carried out by the Ante, p. 590. Secretary under chapter 123 of this title; (2) a cooperative boating safety assistance program with the Coast Guard in that State; (3) sufficient patrol and other activity to ensure adequate enforcement of applicable State boating safety laws and regulations; (4) an adequate State boating safety education program; and (5) a system, approved by the Secretary, for reporting marine casualties required under section 6102 of this title. (d) The Secretary shall approve a State recreational boating facili- ties improvement program, and the program is eligible to receive amounts authorized to be expended under section 13106 of this title, if the program includes— (1) a complete description of recreational boating facility improvement projects to be undertaken by the State; and (2) consultation with State officials responsible for the statewide comprehensive outdoor recreation plan required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 16 USC 460Z-4 — 4601-4—4601-11) and for any program developed under the 460M1. Coastal Zone Management Act of 1972 (16 U.S.C. 1451-1464). (e) The Secretary's approval under this section is a contractual obligation of the Government for the payment of the proportional share of the cost of carrying out the program. Combined (f)(1) A State may submit a combined program to the Secretary for program, the improvement of recreational boating safety and the improve- submittai. ment of recreational boating facilities in that State. The Secretary shall approve the program if it contains the minimum requirements set forth in subsections (c) and (d) of this section, (2) Those parts of the combined program of a State that are designed to improve recreational boating safety are eligible to re- ceive amounts authorized to be expended for State recreational boating safety programs under section 13106 of this title. The Secre- tary's approval of those parts is a contractual obligation of the Government for the payment of the proportional share of the cost of carrying out the States recreational boating safety program under this chapter. (3) Those parts of the combined program of a State that are designed to improve recreational boating facilities are eligible to receive amounts authorized to be expended for State recreational boating facilities improvement programs under section 13106 of this title. The Secretary's approval of those parts is a contractual obliga- tion of the Government for the payment of the proportional share of the cost of carrying out the State's recreational boating facilities program under this chapter. § 13103. Allocations (a) The Secretary shall allocate amounts available for allocation and distribution under this chapter for State recreational boating safety programs as follows: (1) One-third shall be allocated equally each fiscal year among eligible States. (2) One-third shall be allocated among eligible States that maintain a State vessel numbering system approved under chapter 123 of this title and a marine casualty reporting system

�


text:
Page:United States Statutes at Large Volume 97.djvu/627

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 595 approved under this chapter so that the amount allocated each fiscal year to each eligible State will be in the same ratio as the number of vessels numbered in that State bears to the number of vessels numbered in all eligible States. (3) One-third shall be allocated so that the amount allocated each fiscal year to each eligible State will be in the same ratio as the amount of State amounts expended or obligated by the State for the State recreational boating safety program during the prior fiscal year bears to the total State amounts expended or obligated during that fiscal year by all eligible States for State recreational boating safety programs. (b) The Secretary shall allocate the amounts available for alloca- tion and distribution under this chapter for State recreational boat- ing facilities improvement programs as follows: (1) One-third shall be allocated equally each fiscal 3rear among eligible States. (2) One-third shall be allocated so that the amount allocated each fiscal year to each eligible State will be in the same ratio as the number of vessels numbered in that State bears to the number of vessels numbered in all eligible States. (3) One-third shall be allocated so that the amount allocated each fiscal year to each eligible State shall be in the same ratio as the State amounts expended or obligated by the State for a recreational boating facilities improvement program approved under this chapter during the prior fiscal year bears to the total State amounts expended or obligated during that fiscal year by all eligible States for recreational boating facilities improve- ment programs. (c) The amount received by a State under this section in a fiscal year may be not more than one-half of the total cost incurred by that State in developing, carrying out, and financing that State's recreational boating safety and facilities improvement program in that fiscal year. (d) An allocation or distribution of amounts under this section may not be made to a State to maintain boating facilities under that State's approved recreational boating safety and facilities improve- ment program. (e) The Secretary may allocate not more than 5 percent of the amounts available for allocation and distribution in a fiscal year for national boating safety activities of national nonprofit public service organizations. (f) The Secretary may expend from the amounts available for allocation and distribution in a fiscal year those amounts necessary to carry out this chapter. However, the amounts expended in a fiscal year to carry out this chapter may be not more than $250,000 or 2 percent of the amounts available for allocation and distribution in that fiscal year, whichever is greater. § 13104. Availability of allocations (a) Amounts allocated to a State shall be available for obligation by that State for a period of 3 years after the date of allocation. Amounts unobligated by the State at the end of the 3 years shall be withdrawn by the Secretary and shall be available with other amounts to be allocated by the Secretary during that fiscal year. (b) Amounts available to the Secretary that have not been allo- cated at the end of a fiscal year shall be carried forward as part of

�


text:
Page:United States Statutes at Large Volume 97.djvu/628

 97 STAT. 596 PUBLIC LAW 98-89 —AUG. 26, 1983 the total allocation of amounts for the next fiscal year that may be expended under this chapter. § 13105. Computation decisions about State amounts expended (a) Consistent with regulations prescribed by the Secretary, the computation by a State of amounts expended or obligated for the State recreational boating safety and facilities improvement pro- gram shall include— (1) the acquisition, maintenance, and operating costs of land, facilities, equipment, and supplies; (2) personnel salaries and reimbursable expenses; (3) the costs of training personnel; (4) public boat safety education; (5) the costs of carrying out the program; and (6) other expenses that the Secretary considers appropriate. (b) The Secretary shall decide an issue arising out of the computa- tion made under subsection (a) of this section. § 13106. Authorization of contract spending (a) To provide financial assistance for State recreational boating safety and facilities improvement programs, the Secretary may expend, subject to amounts provided in appropriations laws for liquidating contract authority, an amount equal to the revenues accruing each fiscal year from the taxes under section 4041(b) of the 96 Stat. 2170. Internal Revenue Code of 1954 (26 U.S.C. 4041(b)) from special motor fuels used as fuel in motor boats and under section 4081 of that Code (26 U.S.C. 4081) from gasoline used as fuel in motor boats. (b) Of the amounts available for allocation and distribution for recreational boating safety and facilities improvement programs, one-third shall be allocated for recreational boating safety programs and two-thirds shall be allocated for recreational boating facilities improvement programs. (c) Amounts authorized to be expended for State recreational boating safety and facilities improvement programs remain availa- ble until expended and are deemed to have been expended only if an amount equal to the totel amounts authorized to be expended under this section for the fiscal year in question and all prior fiscal years have been obligated. Amounts previously obligated but released by payment of a final voucher or modification of a program acceptance shall be credited to the balance of unobligated funds and shall be immediately available for expenditure, § 13107. National Recreational Boating Safety and Facilities Im- provement Fund There is established in the Treasury a separate fund known as the National Recreational Boating Safety and Facilities Improvement Fund consisting of amounts paid into it as provided in section 96 Stat. 2191. 209(0(5) of the Highway Revenue Act of 1956. Amounts in the Fund 23 USC 120 note. ^j.g available for making expenditures as provided in section 13106 of this title. § 13108. Computing amounts allocated to States and State records ^ requirements (a) Amounts allocated and distributed under section 13103 of this title shall be computed and paid to the States as follows: (1) During the last quarter of a fiscal year and on the basis of computations made under section 13105 of this title and submit-

�


text:
Page:United States Statutes at Large Volume 97.djvu/629

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 597 ted by the States, the Secretary shall determine the percentage of the amounts available for the next fiscal year to which each eligible State is entitled. (2) Notice of the percentage and of the dollar amount, if it can be determined, for each State shall be provided to the States at the earliest practicable time. (3) If the Secretary determines that an amount made availa- ble to a State for a prior fiscal year is greater or less than the amount that should have been made available to the State for the prior fiscal year, because of later or more accurate State expenditure information, the amount for the current fiscal year may be increased or decreased by the appropriate amount. (b) The Secretary shall schedule the payment of amounts, consist- Scheduled ent with the program purposes and applicable regulations pre- payments. scribed by the Secretary of the Treasury, to minimize the time elapsing between the transfer of amounts from the Treasury and the subsequent disbursement of the amounts by a State. (c) The Secretary shall notify a State authority or agency that further payments will be made to the State only when the program complies with the prescribed standards or a failure to comply sub- stantially with standards is corrected if the Secretary, after reason- able notice to the designated State authority or agency, finds that— (1) the State recreational boating safety and facilities im- provement program submitted by the State and accepted by the Secretary has been so changed that it no longer complies with this chapter or standards prescribed by regulations; or (2) in carrying out the State recreational boating safety and facilities improvement program, there has been a failure to comply substantially with the standards prescribed by regulations. (d) The Secretary shall provide for the accounting, budgeting, and other fiscal procedures that are necessary and reasonable to carry out this section properly and efficiently. Records related to amounts Audits. allocated under this chapter shall be made available to the Secre- tary and the Comptroller General to conduct audits. § 13109. Consultation, cooperation, and regulation (a) In carrying out responsibilities under this chapter, the Secre- tary may consult with State and local governments, public and private agencies, organizations and committees, private industry, and other persons having an interest in boating safety and facilities improvement. (b) The Secretary may advise, assist, and cooperate with the States and other interested public and private agencies in planning, devel- oping, and carrying out boating safety and facilities improvement programs. Acting under section 141 of title 14, the Secretary shall 14 USC 141 ensure the fullest cooperation between the State and United States Government authorities in promoting boating safety by making agreements and other arrangements with States when possible. Subject to chapter 23 of title 14, the Secretary may make available, on request of a State, the services of members of the Coast Guard Auxiliary to assist the State in promoting boating safety on State waters. (c) The Secretary may prescribe regulations to carry out this chapter. 14 USC 821 et seq.

�


text:
Page:United States Statutes at Large Volume 97.djvu/630

 97 STAT. 598 PUBLIC LAW 98-89—AUG. 26, 1983 § 13110. National Boating Safety Advisory Council (a) The Secretary shall establish a National Boating Safety Advi- Membership. sory Council. The Council shall consist of not more than 21 members appointed by the Secretary, whom the Secretary considers to have a particular expertise, knowledge, and experience in boating safety. (b)(l) Insofar as practical and to ensure balanced representation, the Secretary shall appoint members equally from— (A) State officials responsible for State boating safety programs; (B) recreational vessel manufacturers; and (C) boating organizations and members of the general public. (2) Additional individuals from the sources referred to in para- graph (1) of this subsection may be appointed to panels of tiw Council to assist the Council in performing its duties. (3) At least once a year, the Secretary shall publish a notice in the Federal Register soliciting nominations for m^nbership on the Council. (c) In addition to the consultation required by section 4302 of this title, the Secretary shall consult with the Council on other major boating safety matters related to this chapter. The Council may make available to Congress information, advice, and recommeflda- tions that the Council is authorized to give to the Secretary; (d) When attending meetings of the Council, a member of the Council or a panel may be paid at a rate not more than the rate for Travel expenses. GS -18. When serving away from home or regular place of business, the member may be allowed travel expenses, including per diem in 5 USC 5703. lieu of subsistence as authorized by section 5703 of title 5 for individuals employed intermittently in the Government service. A payment under this section does not make a member of the Council an officer or employee of the United States Government for any purpose. Notice, publication in Federal Register. Ante, p. 530. [PART J—RESERVED FOR MEASUREMENT OF VESSELS] 46 USC note prec. 2101. Provisions held invalid. MISCELLANEOUS PROVISIONS SEC. 2. (a) Laws effective after December 31, 1982, that are incon- sistent with this Act supersede this Act to the extent of the inconsistency. (b) A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. (c) An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. (d) An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision of this Act. (e) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this Act. (f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.

�


text:
Page:United States Statutes at Large Volume 97.djvu/631

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 599 (g)(1) Part B of subtitle II and sections 7306 (related to able seaman sail) and 7311 of title 46 (as enacted by section 1 of this Act) take effect April 15, 1984, or when regulations for sailing school vessels under part B are effective, whichever is earlier. (2) Section 3715(a) of title 46 (as enacted by section 1 of this Act) is effective on the day after the effective date of the regulations prescribed by the Secretary under section 3715(b) of title 46. (h) Chapter 63 of title 46 (as enacted by section 1 of this Act) does not supersede section 304(a)(l)(E) of the Independent Safety Board Act of 1974 (49 App. U.S.C. 1903(a)(l)(E)). (i) Each offshore supply vessel described in section 3302(g) of title 46 (as enacted by section 1 of this Act), that was registered with the Secretary of Transportation under section 4426a(7) of the Revised Statutes but that has not been inspected by the Secretary shall be held to be in compliance with all applicable vessel inspection laws pending verification by actual inspection or until one year after the date of enactment of this Act, whichever is earlier. (j) Within 2 years after the date of enactment of this Act, the Federal Maritime Commission and the Secretary of Transportation each shall submit to Congress a proposed codification of the laws within their respective jurisdictions related to shipping and mari- time matters. CONFORMING CROSS-REFERENCES SEC. 3. (a) Section 5549(4) of title 5, United States Code is amended to read as follows: "(4) sections 2111 and 2112 of title 46; and", (b) Section 10542(c) of title 49, United States Code, is amended— (1) in the matter before clause (1), by striking "tank vessels" and substituting "a tank vessel"; and (2) by striking clause (2) and substituting: "(2) having a certificate of inspection issued under part B of subtitle II of title 46 endorsed to show that the vessel complies with chapter 37 of title 46.". Effective dates, 46 USC 3101 note. Ante, p. 509. 46 USC 3715 note. 46 USC 6301 note. Ante, p. 537. 46 USC 3302 note. Proposed codification, submittal to Congress. 46 USC note prec. 2101. Ante, p. 509. Ante, p. 520. REPEALS SEC. 4. (a) The repeal of a law by this Act may not be construed as a legislative implication that the provision was or was not in effect before its repeal. (b) The laws specified in the following schedule are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the date of enactment of this Act and except as provided by section 2 of this Act: 46 USC note prec. 2101.

�


text:
Page:United States Statutes at Large Volume 97.djvu/632

 97 STAT. 600 PUBLIC LAW 98-89 —AUG. 26, 1983 Schedule of Laws Repealed Revised Statutes, Revised Statutes, Revised Statutes, Revised Statutes, Revised Statutes, section section section section section 4131 4235 4236 4237 4250 4251 4290 4291 4292 4399 4400 4401 4403 4405 4406 4407 4408 4409 4410 4411 4417 4417a 4418 4419 4420 4421 4423 4424 4425 4426 4426a 4427 4428 4429 4430 4431 4432 4433 4434 4437 4438 4438a 4439 4440 4441 4442 4443 4444 4445 4446 4447 4448 4449 4450 4451 4453 4454 4455 4456 4457 4460 4462 4463 4464 4465 4466 4467 4468 4469 4472 4474 4477 4478 4480 4484 4485 4486 4487 4488 4490 4491 4494 4496 4497 4499 4500 4501 4502 4503 4504 4505 4506 4507 4508 4509 4510 4511 4512 4513 4514 4515 4516 4517 4518 4519 4520 4521 4522 4523 4524 4525 4526 4527 4528 4529 4530 4535 4537 4538 4539 4540 4541 4542 4543 4544 4545 4546 4547 4548 4549 4550 4551 4552 4553 4554 4555 4556 4557 4558 4559 4560 4561 4562 4563 4564 4565 4566 4567 4568 4569 4570 4571 4572 4577 4578 4580 4581 4582 4583 4595 4596 4597 4600 4603 4604 4605 4607 4608 4610 4611 4612 5294 Statutes at Large Date Chapter or Public Law Section Statutes at Large Vol - ume Page 1874 June 9 June 20 1875 Feb. 18 1877 Feb. 27 1882 Aug. 2 1884 June 26 July 5 260. 344. 374. 433. 441. 121. 221. 10,11,12,13 1 (only the part amending R.S. 4250). 1 (only the part amending R.S. 4290, 4409, 4415, 442, 4421, 4440, 4441, 4467, 4472, 4490, 4513, 4522, 4605) 1 (only the paragraph amending R.S. 4429), 1,2 1-11, 19, 20, 26.. 2, 8(a), (b), (d)... 64 128 320 251, 252 186 310 346 53, 58, 59 118
 * "6.'

�


text:
Page:United States Statutes at Large Volume 97.djvu/633

 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 601 Statutes at Large—Continued Date 1885 Feb. 11 1886 June 19 July 9 1888 Apr. 4 Oct. 18 1889 Mar. 2 1890 June 25 Aug. 19 Sept. 4 Dec. 22 1891 Feb. 21 Mar. 3 1892 Apr. 11 1894 Jan. 22 1895 Feb. 18 Feb. 28 Mar. 2 1896 May 28 1897 Mar. 3 1898 Mar. 23 Dec. 21 Do 1900 Feb. 14 Mar. 23 1901 Feb. 20 Feb. 23 1902 Feb. 15 1904 Apr. 11 Apr. 13 Apr. 26 1905 Feb. 18 Mar. 3 Do Do Do Chapter or Public Law 55 421 755 61 1197 418 616 801 875 26 250 521 41 16 97 139 186 255 389 86 28 29 19 90 386 465 23 1140 1252 1603 .5 86 1453 1454 1456 1457 Section 1,2,3,13,14,18 2 (only the last paragraph of this chapter) 1, 2, 4, 6-8,14,19 1-4 1,2 2-8 Statutes at Large Vol- ume 23 24 24 25 25 25 26 26 26 26 26 26 27 28 28 28 28 29 29 30 30 30 31 31 31 31 32 33 33 33 33 33 33 33 33 Page 298 79, 82, 83 129 80 564 1012 180 320 425 692 765 833 16 28 667 690 843 188 687, 689, 690, 691 340 755 764 29 50 799 800 34 168 174 308 720 1022 1023 1027 1029

�


text:
Page:United States Statutes at Large Volume 97.djvu/634

 97 STAT. 602 PUBLIC LAW 98-89—AUG. 26, 1983 Statutes at Large—Continued Date 1906 Mar. 17 Apr. 26 May 16 May 28 June 11 June 28 1907 Jan. 25 Feb. 8 Feb. 19 1908 Apr. 2 May 28 1909 Mar. 2 1910 June 25 1911 Mar. 4 1912 May 22 July 23 Aug. 1 1913 Jan. 24 Mar. 3 1914 July 17 Aug. 18 Oct. 22 Do 1915 Mar. 3 Do 1916 June 12 1917 Feb. 14 1918 Mar. 29 May 11 June 10 Chapter or Public Law 955 1875 2460 2565 3071 3583 398 892 991 2929 123 212 244 321 402 237 130 250 268 10 118 142 146 256 334 336 79 153 184 141 63 30 72 Section 4 2, 3, 4,10, 12,13 254-267 2 1 1-15,19 Statutes at Large Vol- ume 34 34 34 34 34 34 34 34 34 34 35 35 35 35 36 36 37 37 37 37 37 37 38 38 38 38 38 38 38 39 39 40 40 40 Page 68 137 193 204 230 551 864 881 897 1411 55 425, 428 686 1140 831 1229 (only the first complete par f ^aph on this page) 116 199 242 650 732 785 (only the proviso in the fourth paragraph on this page) 511 698 765 766 893 1164, 1185 1216 224 918 499 548 602

�


text:
Page:United States Statutes at Large Volume 97.djvu/635

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. (503 Statutes at Large—C!ontinued Date Chapter or Public Law Section Statutes at Large Vol- ume Page 1919 Oct. 25 1920 June 5 1922 June 1 1923 Jan. 3 1925 Mar. 2 1928 May 28 1930 May 7 1932 June 30 1933 June 13 1934 Mar. 5 1936 May 27 June 20 June 23 June 25 June 29 1937 Mar. 24 May 22 July 29 1938 May 9 May 11 June 23 June 25 1939 Mar. 29 May 31 July 17 Aug. 1 Aug. 7 Aug. 10 82... 250. 204. 21. 387. 824. 227. 314. 61... 40. 463. 628. 729. 816. 858. 49... 237. 536. 189. 194. 597. 679. 26... 158. 316. 409. 558. 643. 25, 26, 31, 32. T.L (in part).. T.L(inpart). (only clause (2), amending R.S. 4578).. 501, 502(b) 302, 1307(c), (d)(2), (3), 1308(e) „.. 19(a). 42 305 998, 1006 603 (only the words after the semicolon in the second paragraph on this page) 1072 (only the proviso in the first paragraph on this page) 1093 789 261 415 125 395 1380 1544 1889 1930 1992 49 199 544 343 345 944 1087 554 794 1049 1145 1257 1343

�


text:
Page:United States Statutes at Large Volume 97.djvu/636

 97 STAT. 604 Date 1940 Apr. 25 Oct. 9 Oct. 17 1941 Sept. 24 Do 1946 Aug. 7 1948 May 12 1950 Sept. 23 Sept. 29 1951 Jan. 10 1952 July 16 1954 July 15 Aug. 30 Aug. 31 1955 June 8 1956 May 10 June 4 1958 Aug. 23 Sept. 2 1959 Sept. 9 Sept. 14 Sept. 22 1960 June 30 Sept. 2 1961 Aug. 30 1963 Sept. 23 1965 July 30 1966 Oct. 15 Nov. 6 1968 Apr. 25 July 11 July 27 PUBLIC LAW 98-89—AUG. 26, 1983 Statutes at Large—Continued Chapter or Public Law 155. 777. 896. 416. 417. 783. 286. 1002. 1109. 1222. 887... 512... 1076. 1171. 133. 258. 350. 85-739. 85-911. 86-244. 86-263. 86-364. 86-555. 86-688. 87-177. 88-128. 89-99... 89-670. 89-777. 90-293. 90-397. 90-435. Section 1(29). 2,5. 6(eK4). 1,4 1, 3, 4., Statutes at Large Vol- ume 69 Page 163 1023 1200 729 730 883 232 980 1081 1239 730 484 968 1047 70 70 72 72 73 73 73 74 74 75 77 79 80 80 82 82 82 151 223 833 1754 475 551 646 259 735 410 164 424 939 1356, 1358 107 341 449

�


text:
Page:United States Statutes at Large Volume 97.djvu/637

 Date 1969 Dec. 24 1970 Oct. 27 Dec. 31 1971 Aug. 10 1972 July 7 July 10 1973 July 9 Aug. 16 Nov. 16 1974 Aug. 10 Oct. 1 1975 Jan. 3 Aug. 9 1976 Sept. 10 Oct. 17 Oct. 18 1977 Julyl 1978 June 30 1980 Oct. 6 Oct. 14 Dec. 12 1982 Oct. 15 PUBLIC LAW 98-89 —AUG. 26, 1983 Statutes at Large—Continued 97 STAT. 605 Chapter or Public Law 91-154. 91-513. 91-612. 92-75. 92-339. 92-340. 93-65... 93-106. 93-153. 93-370. 93-430. 93-633. 94-85... 94-406. 94-535. 94-550. 95-61... 95-308. 96-378. 96-451. 96-594. 97-322. Section 1102(q). 3 1 201, 401. 6(2H4) 113(a), (f). 8(a)(lH3)., 7(b). 7 202 101-125. 208(a). Statutes at Large Vol- ume 83 85 96 Page 427 1293 1835 213 86 86 87 87 87 00000000 88 89 90 90 90 91 92 94 94 94 423 427 151 350 589 423 1182 2161, 2163 426 1236 2496 2535 260 359 1513 1987 3453 1590 Approved August 26, 1983. LEGISLATIVE HISTORY—S. 46: HOUSE REPORT No. 98-338 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 98 -56 (Ctomm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 129 (1983): Apr. 28, considered and passed Senate. Aug. 1, considered and passed House, amended. Aug. 3, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 35 (1983): Aug. 27, Presidential statement.

�


text:
Author:William Lawrence

Works

 * A Life of Roger Wolcott, Governor of Massachusetts (1902)
 * A Life of Roger Wolcott, Governor of Massachusetts (1902)

title: Author:William Lawrence


text:
Page:United States Statutes at Large Volume 97.djvu/638

 97 STAT. 606 PUBLIC LAW 98-90—AUG. 29, 1983 Aug. 29, 1983 [H.R. 3677] Social Security Act, amendment. 96 Stat. 358. 42 USC 1395f. "Cap amount." Public Law 98-90 98th Congress An Act To amend title XVIII of the Social Security Act to increase the cap amount allowable for reimbursement of hospices under the medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 1814(i)(2) of the Social Security Act is amended— (1) by striking out "located in a region (as defined by the Secretary)" and "for the region" in subparagraph (A), and (2) by amending subparagraph (B) to read as follows: "(B) For purposes of subparagraph (A), the 'cap amount' for a year is $6,500, increased or decreased, for accounting years that end after October 1, 1984, by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category of the Consumer Price Index for All Urban Consumers (United States city average), published by the Bureau of Labor Statistics, from March 1984 to the fifth month of the accounting year.". Approved August 29, 1983. LEGISLATIVE HISTORY—H.R. 3677: HOUSE REPORT No. 98-333 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 1, considered and passed House. Aug. 3, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 97.djvu/639

 PUBLIC LAW 98-91—AUG. 30, 1983 97 STAT. 607 Public Law 98-91 98th Congress An Act To amend the Bankruptcy Rules with respect to providing notice. Aug. 30, 1983 [H.R. 3549] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That rule 2002(f) of Bankruptcy the Bankruptcy Rules, as proposed by the United States Supreme amendment Court in the order of April 25, 1983, of the Court, shall take effect on n usc app. August 1, 1983, except as otherwise provided in section 2. SEC. 2. (a) Rule 2002(f) of the Bankruptcy Rules, as proposed by the n usc app. United States Supreme Court in the order of April 25, 1983, of the Court, is amended by inserting ", or some other person as the Court may direct," after "clerk". (b) The amendment made by subsection (a) shall take effect on Effective date. August 1, 1983. Approved August 30, 1983. LEGISLATIVE HISTORY—H.R. 3549: CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 4, considered and passed House and Senate.

�


text:
Page:United States Statutes at Large Volume 97.djvu/640

 97 STAT. 608 PUBLIC LAW 98-92—SEPT. 2, 1983 Public Law 98-92 98th Congress An Act Sept. 2, 1983 [H.R. 3409] Federal Supplemental Compensation Act of 1982, amendment. 96 Stat. 702. 26 USC 3304 note. 26 USC 3304 note. 26 USC 3304 note. 96 Stat. 702. 26 USC 3304 note. 26 USC 3304 note. 7 USC 612c note. Ante, p. 35. To amend the Federal Supplemental Compensation Act of 1982 with respect to the number of weeks of benefits paid in any State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subpara- graph (B) of section 602(e)(2) of the Federal Supplemental Compensa- tion Act of 1982 is amended to read as follows: "(B) If the applicable limit for a State, as determined under clause (ii) of subparagraph (A), for the week beginning July 24, 1983, was a number equal to or less than such State's applicable limit for the week beginning March 27, 1983, under this paragraph (as in effect for such week) reduced by four, the applicable limit for such State shall not be less than the applicable limit for the week beginning July 24, 1983, for any week after the week beginning after July 24, 1983.". (b) The amendment made by subsection (a) shall apply to weeks beginning after July 24, 1983. (c)(1) In the case of an account established before the week begin- ning June 5, 1983, the applicable limit under section 602(e)(2)(A)(ii) of the Federal Supplemental Compensation Act of 1982 shall in no event be less than the number of weeks applicable to such State for the week beginning March 27, 1983, under section 602(e)(2) of such Act (as in effect for such week) reduced by four. (2) Paragraph (1) shall apply only to compensation for weeks of unemployment beginning on or after the date of the enactment of this Act. (d) In the case of any eligible individual who (without regard to the amendment made by subsection (a) or the provisions of subsec- tion (c)) exhausted his rights to Federal supplemental compensation 0)y reason of the payment of all of the amount in his Federal supplemental compensation account) before the first week beginning after the date of the enactment of this Act, such individual's eligibil- ity for additional compensation by reason of the amendment made by subsection (a) or the provisions of subsection (c) for any week of unemployment shall not be limited or terminated by reason of any event, or failure to meet any requirement of law relating to eligibil- ity for unemployment compensation, occurring after the date of such exhaustion of rights and before the beginning of the first week beginning after the date of the enactment of this Act. SEC. 2. Effective October 1, 1983, the Temporary Emergency Food Assistance Act of 1983 (title II of Public Law 98-8; 97 Stat. 35 and 36) is amended by— (1) in section 201, striking out "the Act" and inserting in lieu thereof "this Act"; (2) inserting, after section 201, a new section 201A as follows:

�


text:
Page:United States Statutes at Large Volume 97.djvu/641

 PUBLIC LAW 98-92—SEPT. 2, 1983 97 STAT. 609 ELIGIBLE RECIPIENT AGENCIES "SEC. 201A. As used in this Act, the term 'eligible recipient agencies' means public or nonprofit organizations that administer— "(1) activities and projects providing nutrition assistance to relieve situations of emergency and distress through the provi- sion of food to needy persons, including low-income and unem- ployed persons; "(2) school lunch programs, summer camps for children, and other child nutrition programs providing food service; "(3) nutrition projects operating under the Older Americans Act of 1965, including congregate nutrition sites and providers of home-delivered meals; "(4) activities and projects that are supported under section 4 of the Agriculture and Consumer Protection Act of 1973; "(5) activities of charitable institutions, including hospitals and retirement homes, to the extent that needy persons are served;or "(6) disaster relief programs; and that have been designated by the appropriate State agency, or by the Secretary, and approved by the Secretary for participation in the program established under this Act."; (3) amending section 202(a) to read as follows; "SEC. 202. (a) Notwithstanding any other provision of law, in order to complement the domestic nutrition programs, make maximum use of the Nation's agricultural abundance, and expand and im- prove the domestic distribution of price-supported commodities, commodities acquired by the Commodity Credit Corporation that the Secretary of Agriculture (hereinafter referred to as the 'Secre- tary') determines, in his discretion, are in excess of quantities needed to— "(1) carry out other domestic donation programs, "(2) meet other domestic obligations (including quantities needed to carry out a payment-in-kind acreage diversion pro- gram), "(3) meet international market development and food aid commitments, and "(4) carry out the farm price and income stabilization pur- poses of the Agricultural Adjustment Act of 1938, the Agricul- tural Act of 1949, and the Commodity Credit Corporation Charter Act, shall be made available by the Secretary, without charge or credit for such commodities, for usc by eligible recipient agencies for food assistance."; (4) in section 202(b)— (A) in the first sentence, striking out "shall" and insert- ing in lieu therof "may"; and (B) in the second sentence, striking out "December 1, 1983" and inserting in lieu thereof "October 1, 1985"; (5) inserting, after section 203, new sections 203A, 203B, and 203C as follows: "INITIAL PROCESSING COSTS "E ligible recipient agencies." 7 USC 612c note. 42 USC 3001 note. 7 USC 612c note. Ante, p. 35. 7 USC 1281. 7 USC 1421 note. 15 USC 714 note. Ante, p. 35. Ante, p. 35. "SEC. 203A. The Secretary may use funds of the Commodity Credit 7 USC 6i2c note. Corporation to pay costs of initial processing and packaging of commodities to be distributed under the program established under 11-194O-85~ 21 QL3

�


text:
Page:United States Statutes at Large Volume 97.djvu/642

 97 STAT. 610 PUBLIC LAW 98-92—SEPT. 2, 1983 Corporation- owned commodities. Eligible recipient agencies, distribution. 7 USC 612c note. Ante, pp. 35, 609. Commodity ma nagement. 7 USC 612c note. Ante, p. 35. this Act into forms, and in quantities, suitable, as determined by the Secretary, for use in individual households when such commodities are to be consumed by individual households or for institutional use, as applicable. The Secretary may pay such costs in the form of Corporation-owned commodities equal in value to such costs, except that wheat from the Food Security Wheat Reserve may not be used to pay such costs. The Secretary shall ensure that any such pay- ments in kind will not displace commercial sales of such commodites. "FEDERAL AND STATE RESPONSIBILITIES "SEC. 203B. (a) The Secretary shall, as expeditiously as possible, provide the commodities made available under this Act in such quantities as can be used without waste to State agencies designated by the Governor or other appropriate State official for distribution to eligible recipient agencies, except that the Secretary may provide such commodities directly to eligible recipient agencies and to pri- vate companies that process such commodities for eligible recipient agencies under sections 203 and 203A of this Act. "(b) State agencies receiving commodities under this Act shall, as expeditiously as possible, distribute such commodities, in the quanti- ties requested (to the extent practicable), to eligible recipient agen- cies within their respective States. However, if a State agency cannot meet all requests for a particular commodity under this Act, the State agency shall give priority in the distribution of such commodity to eligible recipient agencies providing nutrition assist- ance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unem- ploved persons. hold use under this Act shall distribute such commodities to eligible recipient agencies in the State that serve needy persons, and shall, with the approval of the Secretary, determine those persons in the State that shall qualify as needy persons eligible for such commodities. "ASSURANCES; ANTICIPATED USE "SEC. 203C. (a) The Secretary shall take such precautions EIS the Secretary deems necessary to assure that any eligible recipient agency receiving commodities under this Act will provide such commodities to persons served by the eligible recipient agency and will not diminish its normal expenditures for food by reason of the receipt of such commodities. The Secretary shall also take such precautions as the Secretary deems necessary to assure that com- modities made available under this Act will not displace commercial sales of such commodities or the products thereof. The Secretary shall not make commodities available for donation in any quantity or manner that the Secretary, in the Secretary's discretion, deter- mines may, substitute for the same or any other agricultural pro- duce that would otherwise be purchased in the market. "Qoi) Commodities provided under this Act shall be distributed only in quantities that can be consumed without waste. No eligible recipient agency may receive commodities under this Act in excess of anticipated use, based on inventory records and controls, or in excess of its ability to accept and store such commodities."; (6) in section 204— (A) designating the last sentence as subsection (c);
 * (c) Each State agency receiving commodities for individual house-

�


text:
Page:United States Statutes at Large Volume 97.djvu/643

 PUBLIC LAW 98-92—SEPT. 2, 1983 97 STAT. 611 (B) inserting, after the first sentence, a new subsection (b) as follows: "(b) There are hereby authorized to be appropriated $50,000,000 for each of the fiscal years ending September 30, 1984, and Septem- ber 30, 1985, for the Secretary to make available to the States for storage and distribution costs of which not less than twenty per centum of the amount appropriated under this subsection in any fiscal year shall be made available for paying or providing advance payments to cover the actual costs incurred by charitable institu- tions, food banks, hunger centers, soup kitchens, and similar non- profit eligible recipient agencies providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed per- sons: Provided, That in no case shall such payments exceed five per centum of the value of commodities distributed by any such agency."; and (C) in subsection (c), as so designated by subclause (A) of this clause, striking out "this appropriation" and inserting in lieu thereof "appropriations made or authorized under this section"; (7) in section 205— (A) amending the heading to read as follows: Appropriation autnonzation for storage and distribution costs. Ante, p. 36. RELATIONSHIP TO OTHER PROGRAMS, (B) inserting "(a)" after the section designation; and (C) adding, at the end thereof, a new subsection "(b)" as follows: "(b) Except as otherwise provided in section 203A of this Act, none of the commodities distributed under this Act shall be sold or otherwise disposed of in commercial channels in any form."; (8) amending section 209 to read as follows: "SEC. 209. Section 5(a)(2) of the Agriculture and Consumer Protec- tion Act of 1973 (7 U.S.C. 612c note) is amended by striking out 'amount appropriated for the provision of commodities to State agencies' and inserting in lieu thereof 'sum of (A) the amount appropriated for the commodity supplemental food program and (B) the value of the additional commodities donated by the Secretary to State or local agencies for use in such program which are provided without charge against funds appropriated for such program and are included in food packages distributed to program participants' "; (9) in section 210— (A) inserting "(a)" after the section designation; and (B) adding, at the end thereof, new subsections (b) and (c) as follows: "(b) In administering this Act, the Secretary shall minimize, to the maximum extent practicable, the regulatory, recordkeeping, and pajperwork requirements imposed on eligible recipient agencies. '(c) With respect to the commodity distribution program under this Act in effect during the fiscal years ending September 30, 1984, and September 30, 1985, the Secretary shall, not later than October 1, 1983, publish in the Federal Register an estimate of the types and quantities of commodities that the Secretary anticipates are likely to be made available during the first twelve months of the program; and, prior to the beginning of the fiscal year ending September 30, 1985, the Secretary shall publish in the Federal Register an estimate of the types and quantities of commodities that the Secretary antici- Ante, p. 609. Ante, p. 36. Ante, p. 36. Administration. Publication in Federal Register.

�


text:
Page:United States Statutes at Large Volume 97.djvu/644

 97 STAT. 612 PUBLIC LAW 98-92—SEPT. 2, 1983 pates are likely to be made available during the second twelve months of the program under this Act: Provided, that the actual types and quantities of commodities made available by the Secretary under this Act may differ from the estimates."; and Ante, p.36. (10) inserting, after section 210, new sections 211 and 212 as follows: "F INAUTY OF DETERMINATIONS 7 USC 612c note. "SEC. 211. Determinations made by the Secretary of Agriculture under this Act and the facts constituting the basis for any donation of commodities under this Act, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government. "PROGRAM TERMINATION 7 USC 612c note. "SEC. 212. The provisions of this Act, with the exception of 207, Ante, p. 36. ghajj terminate September 30, 1985. ". SEC. 3. Section 4(c) of the Agriculture and Consumer Protection Ante, p. 36. ^ct of 1973 is amended by inserting "Temporary" before "Emer- gency Food Assistance Act of 1983". Approved September 2, 1983. LEGISLATIVE HISTORY—H.R. 3409: HOUSE REPORT No. 98-328 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 1, 2, considered and passed House. Aug. 4, considered and passed Senate, amended; House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 97.djvu/645

 PUBLIC LAW 98-93 —SEPT. 20, 1983 97 STAT. 613 Public Law 98-93 98th Congress Joint Resolution Designating "National Cystic Fibrosis Week". Sept. 20, 1983 [S.J. Res. 131] Whereas cystic fibrosis is the number one genetic killer of children in America, and about thirty thousand children and young adults in this country have cystic fibrosis; and Whereas public knowledge about cystic fibrosis contributes to early detection and treatment of the disease and to improved under- standing about the symptoms of cystic fibrosis; and Whereas increased national awareness of cystic fibrosis and of the young people whose lives are affected by the disease stimulates public concern and increased attention to research seeking control and cure: 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 Septem- National Cystic ber 18 through 24, 1983, is designated as "National Cystic Fibrosis Fibrosis Week. Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities. Approved September 20, 1983. LEGISLATIVE HISTORY—S.J. Res. 131: CONGRESSIONAL RECORD, Vol. 129 (1983): July 26, considered and passed Senate. Sept. 15, considered and passed House.

�


text:
Page:Story of the robins.djvu/107

Rh a little stream which flowed in an adjacent meadow, and fetched from the brink of it a worm, which she had observed an angler to drop as she perched on the tree; with this she immediately returned to the penitent Robin, who received the welcome gift with gratitude. Refreshed with this delicious morsel, and comforted by his mother's kindness, he was able to stand up, and on shaking his wings, he found that he was not so greatly hurt as he apprehended; his head, indeed, was bruised, so that one eye was almost closed, and he had injured the joint of one wing, so that he could not possibly fly: however, he could manage to hop, and the parent bird observing that Joe the gardener was cutting a hawthorn hedge which was near the spot, desired Robin to follow her. This he did, though with great pain. "Now," said she, "look carefully about, and you will soon find insects of one kind or another for your sustenance during the remainder of the day, and before evening I will return to you again. Summon all your courage, for I make no doubt you will be safe while our friend continues his work, as none of those creature? which are enemies to birds will venture to come near him." Robin took a sorrowful farewell, and the mother flew to the nest.

title: Page:Story of the robins.djvu/107


text:
Page:United States Statutes at Large Volume 97.djvu/646

 97 STAT. 614 PUBLIC LAW 98-94—SEPT. 24, 1983 Public Law 98-94 98th Congress An Act Sept. 24, 1983 [S. 675] Department of Defense Authorization Act, 1984. To authorize appropriations for fiscal year 1984 for the Armed Forces for procure- ment, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such Hscal year for the Armed Forces and for civilian employees of the Department of Defense, to authorize appropriations for such fiscal year for civil defense, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE; TABLE OP CONTENTS SECTION 1. (a) This Act may be cited as the "Department of Defense Authorization Act, 1984". (b) The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—PROCUREMENT Sec. 101. Authorization of appropriations. Army. Sec. 102. Authorization of appropriations. Navy and Marine Corps. Sec. 103. Authorization of appropriations. Air Force. Sec. 104. Authorization of appropriations. Defense agencies. Sec. 105. Extension of authority provided Secretary of Defense in connection with the NATO Airborne Wtiming and Control System (AWACS) program. Sec. 106. Secure communications equipment and a special classified program. Sec. 107. Limitation on Army procurement. Sec. 108. Limitations on Navy procurement. Sec. 109. Authorization of multivear contracts for the B-IB aircraft; prohibition on multiyear contracts for certain equipment. Sec. 110. Limitations and requirements with respect to the procurement and deployment of the MX missile. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 201. Authorization of appropriations. Sec. 202. Limitations on funds for the Army. Sec. 203. Limitations on funds for the Navy. Sec. 204. Limitations on funds for the Air Force. Sec. 205. Limitations on funds for the Defense agencies. Sec. 206. Limitation on size of small mobile missile. Sec. 207. Report on the Joint Tactical Missile System and the Joint Surveillance and Target Attack System; restriction on use of funds. Sec. 208. Antiballistic missile defense system research. TITLE m-OPERATION AND MAINTENANCE Sec. 301. Authorization of appropriations. Sec. 302. General authorization of appropriations for pay raises, fuel costs, and inflation adjustments. Sec. 303. Prohibition of use of vessels with foreign-built major components under certain leases or service contracts. Sec. 304. Authorization of appropriations for assistance for 1984 games of the XXni Olympiad. Sec. 305. Shelter for the homeless at military installations.

�


text:
Page:United States Statutes at Large Volume 97.djvu/647

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 615 TITLE IV—ACTIVE FORCES Sec. 401. Authorization of end strengths. Sec. 402. Quality control on enlistments into the Army for fiscal year 1984. Sec. 403. Extension of authority for the temporary promotions of certain Navy lieutenants. Sec. 404. Limit on funds for permanent change of station (PCS) travel during fiscal year 1984. TITLE V—RESERVE FORCES Sec. 501. Authorization of average strengths for Selected Reserve. Sec. 502. Authorization of end strengths for Reserves on active duty in support of the Reserves. Sec. 503. Increase in number of certain personnel authorized to be on active duty in support of the reserve components. Sec. 504. Clarification of status of certain members of the National Guard serving in a full-time status. TITLE VI—CIVILIAN PERSONNEL Sec. 601. Authorization of end strength. Sec. 602. Civilian personnel ceilings on industrially funded activities during fiscal year 1983. TITLE VII—MILITARY TRAINING STUDENT LOADS Sec. 701. Authorization of training student loads. Sec. 702. Extension of reduction in number of students required to be in a unit of the Junior Reserve Officers' Training Corps. TITLE VIII-CIVIL DEFENSE Sec. 801. Authorization of appropriations. Sec. 802. Amount authorized for contributions for State personnel and administra- tive expenses. TITLE IX—MILITARY COMPENSATION AND HEALTH-CARE MATTERS PART A—PAY AND ALLOWANCES Sec. 901. Pay increase of 4 percent for members of the uniformed services. Sec. 902. Adjustment in basic pay of certain officers with prior enlisted and war- rant officer service. Sec. 903. Hazardous duty pay for certain toxic fuel handlers. Sec. 904. Extension of special pay for certain aviation career officers. Sec. 905. Hostile fire pay for members serving in areas threatening imminent danger. Sec. 906. Freeze of variable housing allowance at fiscal year 1983 rates. Sec. 907. Variable housing allowance for Reserves on active duty for a period of 140 days or more. Sec. 908. Clarification of rules for payment of per diem. Sec. 909. Clarification of allowance for transportation of motor vehicle. Sec. 910. Transportation for dependent children attending school in the United States when the member-parent is stationed overseas. Sec. 911. Clarification of eligibility for separation pay. Sec. 912. Reimbursements for accommodations in place of quarters. Sec. 913. Advance payment of travel and transportation allowances for escorts and attendants of dependents. PART B—RETIRED PAY MATTERS Sec. 921. Limitation on applicability of one year look-back provision. Sec. 922. Rounding of retired pay and survivor annuities to next lower whole dollar amou nt. Sec. 923. Termination of six-month rounding rule for computing retired pay. Sec. 924. Retired pay for certain otherwise ineligible reservists. Sec. 925. Accrual funding for military retirement system. PART C—HEALTH -CARE MATTERS Sec. 931. CHAMPUS provisions. Sec. 932. Authority for increased usage of contract health care providers. Sec. 933. Studies and demonstration projects relating to health and medical care. Sec. 934. Medical malpractice protection for health-care personnel of the Soldiers' and Airmen's Home.

�


text:
Page:United States Statutes at Large Volume 97.djvu/648

 97 STAT. 616 PUBLIC LAW 98-94—SEPT. 24, 1983 Sec. 935. Adjustments in stipend paid to recipients of Armed Forces Health Profes- sions Scholarships. PART D—SURVIVOR BENEFITS Sec. 941. Clarification of survivor benefits coverage for former spouses. Sec. 942. Extension of minimum income provision for certain widows. Sec. 943. Clarification of continuing responsibility for funding of certain suvivors' benefits. TITLE X—MILITARY PERSONNEL MATTERS PART A—OFFICER PERSONNEL MANAGEMENT AND TRAINING Sec. 1001. Temporary modification in certain general and flag officer grade limita- tions. Sec. 1002. Performance of civil functions by military officers. Sec. 1003. Modifications to Reserve Officers' Training Corps scholarship program. Sec. 1004. Selection of persons from foreign countries to receive instruction at the service academies. Sec. 1005. Nominations to service academies from Guam and former Canal Zone area. Sec. 1006. Appointment of citizens of Northern Mariana Islands as commissioned officers. Sec. 1007. Transfer of Public Health Service officers to other uniformed services. PART B—RESERVE COMPONENT MANAGEMENT Sec. 1011. Bonuses for enlistments, reenlistments, and voluntary extensions of serv- ice in elements of the Ready R^erve other than the Selected Reserve. Sec. 1012. Extension of medical and dental care for reservists. Sec. 1013. Test program on limited use of commissary stores by members of the Se- lected Reserve. Sec. 1014. Grade determination for persons receiving original appointments as re- serve medical officers of the Army or Air Force. Sec. 1015. Promotion of certain reserve commissioned officers serving on active duty. Sec. 1016. Computation of years of service for mandatory transfer of certain reserv- ists to the Retired Reserve. Sec. 1017. Authority to order certain retired members of reserve components to active duty. Sec. 1018. Authority to permit retired enlisted members of regular components to be placed voluntarily in the Ready Reserve. Sec. 1019. Validation of certain Army appointments made in grades above the grade of second lieutenant. PART C—OTHER PERSONNEL MANAGEMENT PROVISIONS I Sec. 1021. Authority of President to suspend certain laws relating to promotion, re- tirement, and separation. Sec. 1022. Authority to increase total initial term of service in the Armed Forces. Sec. 1023. Variable terms for enlistments and reenlistments in regular components. PART D—MISCELLANEOUS Sec. 1031. Extension of period during Which certain accumulated leave may be used. Sec. 1032. Transportation of remains of military retirees dying in military hospi- tals. Sec. 1033. Fee for veterinary services. Sec. 1034. Extension of pilot Department of Defense educational assistance loan re- payment program. TITLE XI—NATO AND RELATED MATTERS Sec. 1101. North Atlantic defense cooperative programs. Sec. 1102. Report on allied contributions to the common defense. Sec. 1103. Limitation on number of military personnel stationed in Europe. Sec. 1104. Report on improvement of conventional forces of NATO. Sec. 1105. Report on the nuclear posture of NATO. Sec. 1106. Report on combat-to-support ratio of United States forces in Europe in support of NATO. Sec. 1107. Report on United States expenditures in support of NATO.

�


text:
Page:United States Statutes at Large Volume 97.djvu/649

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 617 TITLE XII-GENERAL PROVISIONS PART A—FINANCIAL MATTERS Sec. 1201. Transfer authority. Sec. 1202. Long-term lease or charter of aircraft and vessels. Sec. 1203. Independent cost estimates of major defense acquisition programs. Sec. 1204. Requirement of authorization of appropriations for working-capital funds. Sec. 1205. One-year extension of test program to authorize price differentials to re- lieve economic dislocations. Sec. 1206. Authorization of funds for upgrading the International Coordinating Committee (COCOM) logistical support. PART B—DEPARTMENT OF DEFENSE MANAGEMENT MATTERS Sec. 1211. Establishment of Defense Director of Operational Test and Evaluation. Sec. 1212. Assistant Secretaries in the Department of Defense. Sec. 1213. Commandant of the Marine Corps to be a member of the Armed Forces Policy Council. Sec. 1214. 5 percent across-the-board reduction in headquarters staffs. Sec. 1215. Regulations relating to increeises in prices for spare parts and replace- ment equipment. Sec. 1216. Report on management of spare parts. Sec. 1217. Authority to withhold from public disclosure certain technical data. Sec. 1218. Use of polygraphs by the Department of Defense. Sec. 1219. Authority to provide routine port services to naval vessels of allied coun- tries at no cost. Sec. 1220. Reciprocal communications support. Sec. 1221. Two-year extension of prohibition on contracts for the performance of firefighting and security functions. Sec. 1222. Report on cost savings under contracting out procedures. Sec. 1223. Extension of period for transfer of defense dependents' education system to Department of Education. Sec. 1224. Force structure changes, Air Force. PART C—PROVISIONS RELATING TO SPECIHC PROGRAMS Sec. 1231. Limitation on deployment of MX missile; development of small mobile missile. Sec. 1232. Small, mobile, single warhead ICBMs. Sec. 1233. Limitation on procurement of binary chemical weapons. Sec. 1234. Prohibition against using funds appropriated for the advanced technol- ogy bomber program for any other purpose. Sec. 1235. Establishing criteria governing the test of antisatellite warheads. Sec. 1236. Requirement for the use of competitive bidding procedures for the lease of CT-39 replacement aircraft. Sec. 1237. Limitation on waivers of cost-recovery requirements under Arms Export Control Act. Sec. 1238. Waiver of limitation on Foreign Military Sales Program. Sec. 1239. F/A-18 aircraft program. Sec. 1240. Study to re-estimate the cost of the B-IB bomber program. PART D—MISCELLANEOUS Sec. 1251. Endorsement of report on improved strategic communications. Sec. 1252. Public Health Service hospitals. Sec. 1253. Employment protection for certain nonappropriated fund instrumentality employees. Sec. 1254. Extension of the grace period for the enforcement of the provisions relat- ing to the failure to register and the denial of Federal educational assistance. Sec. 1255. Impact aid authorization. Sec. 1256. Retirement deductions from the pay of judges of the United States Court of Military Appeals. Sec. 1257. One-year postponement for certain deposits for civil service retirement credit for military service. Sec. 1258. Compensation for injuries incurred in the performance of duty by mem- bers of the Civil Air Patrol. Sec. 1259. Repeal of requirement for retiree suggestion program. Sec. 1260. Offshore drilling affecting naval operations. Sec. 1261. Restoration of Bedford Air Force Station, Virginia. Sec. 1262. Prohibition on purchase of certain typewriters. Sec. 1263. Award of campaign and service medals to certain persons.

�


text:
Page:United States Statutes at Large Volume 97.djvu/650

 97 STAT. 618 PUBLIC LAW 98-94—SEPT. 24, 1983 Sec. 1264. Commemorative medal for families of American personnel missing in Southeast Asia. Sec. 1265. Name of school of medicine at the Uniformed Services University of the Health Sciences. Sec. 1266. Acceptance of voluntary services for military museums and family support programs. Sec. 1267. Report on proposed legislation for codification of certain provisions of law. Sec. 1268. Technical amendments to title 10, United States Code. TITLE I—PRCKIUREMENT AUTHORIZATION OF APPROPRIATIONS, ARMY SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1984 for procurement of aircraft, missiles, weapons and tracked combat vehicles, and ammunition and for other procurement for the Army as follows: For aircraft, $3,331,400,000. For missiles, $2,903,400,000. For weapons and tracked combat vehicles, $4,734,500,000. For ammunition, $2,147,100,000. For other procurement, $4,836,200,000. For Army National Guard equipment, $100,000,000. AUTHORIZATION OF APPROPRIATIONS, NAVY AND MARINE CORPS SEC. 102. (a) AIRCRAFT.— Funds are hereby authorized to be appro- priated for fiscal year 1984 for procurement of aircraft for the Navy in the amount of $10,637,800,000. (b) WEAPONS.— Funds are hereby authorized to be appropriated for fiscal year 1984 in the total amount of $3,903,000,000 for procure- ment of weapons (including missiles and torpedoes) for the Navy as follows: For missile programs, $3,041,700,000. For the MK-48 torpedo program, $124,600,000. For the MK-46 torpedo program, $248,000,000. For the MK-60 torpedo program, $105,400,000. For the MK-30 mobile target program, $17,600,000. For the MK-38 minimobile target program, $2,000,000. For the antisubmarine rocket (ASROC) program, $17,300,000. For the modification of torpedoes, $111,800,000. For the torpedo support equipment program, $72,100,000. For the MK-15 close-in weapons system program, $126,700,000. For the 5-inch/54-caliber gun mount program, $16,100,000. For the MK-75 76 -millimeter gun mount program, $11,100,000. For other weapons, $27,500,000. The sum of the amounts authorized for programs under this subsec- tion is reduced by $18,900,000. (c) SHIPBUILDING AND CONVERSION. —Funds are hereby authorized to be appropriated for fiscal year 1984 in the total amount of $12,045,400,000 for shipbuilding and conversion for the Navy as follows: For the Trident submarine program, $1,759,000,000. For the SSN-688 nuclear attack submarine program, $2,042,400,000.

�


text:
Page:United States Statutes at Large Volume 97.djvu/651

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 619 For the aircraft carrier service life extension program (SLEP), $95,900,000. For the CG-47 Aegis cruiser program, $3,397,400,000. For the DDG-51 guided missile destroyer program, $79,000,000. For the FFG-7 guided missile frigate program, $300,000,000. For the battleship reactivation program, $57,700,000. For the LSD-41 landing ship dock program, $509,000,000. For the LHD-1 amphibious assault ship program, $1,379,700,000. For the MCM-1 mine countermeasures ship program, $301,000,000. For the MSH-1 minesweeper hunter program, $65,000,000. For the TAGS ocean survey ship program, $34,500,000. For the TAH hospital ship program, $260,000,000. For the TAK(FBM) missile resupply ship program, $900,000. For the TAFS combat stores ship program, $16,100,000. For the TAO-187 fleet oiler program, $365,400,000. For the TAKR fast logistic ship program, $246,500,000. For the strategic sealift ready reserve program, $31,000,000. For the LCAC landing craft air cushion program, $161,100,000. For service craft and landing craft, $134,300,000. For outfitting, post delivery, and cost growth, $868,700,000. The sum of the amounts authorized for programs under this subsec- tion is reduced by $59,200,000. (d) OTHER. —Funds are hereby authorized to be appropriated for fiscal year 1984 for other procurement for the Navy in the amount of $4,497,600,000, of which— (1) $681,500,000 is available only for the ship support equip- ment program; (2) $1,562,800,000 is available only for the communications and electronics equipment program; and (3) $930,300,000 is available only for the ordnance support equipment program. (e) PROCUREMENT, MARINE CORPS. —Funds are hereby authorized to be appropriated for fiscal year 1984 for procurement for the Marine Corps (including missiles, tracked combat vehicles, and other weapons) in the amount of $1,805,200,000. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE SEC. 103. (a) Funds are hereby authorized to be appropriated for fiscal year 1984 for procurement of aircraft and missiles and for other procurement for the Air Force as follows: For aircraft, $21,282,800,000. For missiles, $7,925,700,000. For other procurement, $7,112,100,000. For Air National Guard equipment, $25,000,000. (b) Of the funds authorized to be appropriated in this section for aircraft for the Air Force, the sum of $112,100,000 is available only for contribution by the United States as its share of the cost for fiscal year 1984 of acquisition by the North Atlantic Treaty Organi- zation of the Airborne Warning and Control System (AWACS). (c) Of the funds authorized to be appropriated in this section for missiles for the Air Force, the sum of $459,000,000 is available for procurement of 240 missiles under the AGM-86B air-launched

�


text:
Page:United States Statutes at Large Volume 97.djvu/652

 97 STAT. 620 PUBLIC LAW 98-94—SEPT. 24, 1983 cruise missile program, of which $14,000,000 is available for advance procurement for such program. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES SEC. 104. Funds are hereby authorized to be appropriated for fiscal year 1984 for procurement by the Defense agencies in the amount of $972,700,000. EXTENSION OP AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CON- NECTION WITH THE NATO AIRBORNE WARNING AND CONTROL SYOTEM (AWACS) PROGRAM Effective date. SEC. 105. Effective on October 1, 1983, section 103(a) of the Depart- ment of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is amended by striking out "fiscal year 1983" both places it appears and inserting in lieu thereof "fiscal year 1984". SECURE COMMUNICATIONS EQUIPMENT AND A SPECIAL CLASSIFIED PROGRAM SEC. 106. The Secretary of Defense is authorized to procure secure telephone communication systems, including equipment and related items, during fiscal year 1984 for the Department of Defense and other Government agencies and entities to support a national pro- gram to provide secure telephone service. Of the funds authorized to be appropriated pursuant to this title, not more than $60,000,000 may be used to provide secure telephone equipment and related items to the Department of Defense and other Government agencies and entities in support of such a national program. Equipment provided to Government agencies and entities outside the Depart- ment of Defense under the authority of this section and such related services as may be necessary may be furnished by the Secretary of Defense with or without reimbursement. In addition, of the funds authorized to be appropriated pursuant to this Act, not more than $220,000,000 is authorized for a special classified program. LIMITATION ON ARMY PROCUREMENT SEC. 107. The Secretary of the Army may not make a contract for the purpose of establishing a second source for production of the engine for the M-1 tank. Notification of congressional committees. Congressional adjournment. LIMITATIONS ON NAVY PROCUREMENT SEC. 108. (a)(1) None of the funds appropriated pursuant to the authorization of appropriations for the strategic sealift ready re- serve program under section 102(c) (Shipbuilding and Conversion for the Navy) may be obligated or expended for the acquisition of a specific vessel for that program until (A) the Secretary of the Navy has notified the Committees on Armed Services and on Appropri- ations of the Senate and House of Representatives of the proposed acquisition of that vessel for that program, and (B) a period of 30 days of continuous session of Congress has expired following the date on which that notice was received by those committees. (2) For purposes of paragraph (1), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an

�


text:
Page:United States Statutes at Large Volume 97.djvu/653

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 621 adjournment of more than three days to a day certain are excluded in the computation of such 30-day period. (b) None of the funds appropriated pursuant to any authorization of appropriations contained in this Act may be obligated or expended for the purchase of the 5-inch semiactive laser guided projectile until the Secretary of the Navy has acquired a technical data package for that projectile and has determined that such technical data package (1) does not contain proprietary data, and (2) can be used to solicit a second production source for such projectile. AUTHORIZATION OF MULTIYEAR CONTRACTS FOR THE B-lB AIRCRAFT; PROHIBITION ON MULTIYEAR CONTRACTS FOR CERTAIN EQUIPMENT SEC. 109. (a) Notwithstanding any other provision of law, procure- ment of the B-IB aircraft program may be carried out under a multiyear procurement contract in accordance with section 2306(h) of title 10, United States Code. (b) The Department of Defense is hereby denied the authority to execute multiyear procurement contracts, as proposed in the Department's fiscal year 1984 budget request, for procurement of any of the following: (1) AH-64 helicopter engines. (2) F-18 aircraft engines. (3) F-15 aircraft. (4) KC-135 reengining (airframes). (5) Mark 30 targets. (6) AN/SSQ-62 DICASS sonobuoys. LIMITATIONS AND REQUIREMENTS WITH RESPECT TO THE PROCUREMENT AND DEPLOYMENT OF THE MX MISSILE SEC. 110. (a)(1) Funds appropriated pursuant to the authorization of appropriations in section 103 may be used to procure not more than 21 operational MX missiles for deployment. (2) MX missiles procured with funds authorized to be appropriated by section 103 shall be deployed in existing Minuteman missile silos that are part of the 319th and 400th Strategic Missile Squadrons and supported by Francis E. Warren Air Force Base, Wyoming. The first ten MX missiles procured for deployment by the Air Force shall be placed on alert status, with appropriate security and logistics facili- ties in operation, not later than December 31, 1986. (b)(1) The Secretary of the Air Force shall prepare a full draft and final environmental impact statement in accordance with all terms, conditions, and requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) on the proposed deployment and peacetime operations of MX missiles in the Minuteman silos referred to in subsection (a). The final environmental impact state- Publication ment on the proposed deployment of such missiles shall be published not later than January 31, 1984. (2) Notwithstanding any other provision of law, the Secretary of the Air Force (A) may immediately commence planning, facility and equipment designing, surveying, and other predeplojment activities with respect to the MX missile, and (B) shall proceed promptly following the publication of the final environmental impact state- ment referred to in paragraph (1) with deployment of MX missiles in the missile silos referred to in subsection (a). Environmental impact statement.

�


text:
Page:United States Statutes at Large Volume 97.djvu/654

 97 STAT. 622 PUBLIC LAW 98-94—SEPT. 24, 1983 (c) This section shall be carried out in a manner consistent with Post, p. 693. the provisions of section 1231. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION AUTHORIZATION OF APPROPRIATIONS SEC. 201. (a) Funds are hereby authorized to be appropriated for fiscal year 1984 for the use of the Armed Forces for research, development, test, and evaluation in amounts as follows: For the Army, $4,204,552,000. For the Navy (including the Marine Corps), $7,619,409,000. For the Air Force, $12,622,193,000. For the Defense Agencies, $2,856,754,000, of which $50,000,000 is authorized for the activities of the Director of Test and Evaluation, Defense. (b) In addition to the funds authorized to be appropriated in subsection (a), there are authorized to be appropriated for fiscal year 1984 such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds authorized to be appropriated in subsection (a). LIMITATIONS ON FUNDS FOR THE ARMY SEC. 202. (a) Of the amount authorized in section 201 for the Army— (1) $7,650,000 is available only for 75-millimeter and 90-milli- meter guns for light armored vehicles; (2) $7,000,000 is available only for neutral particle beam research as part of the ballistic missile defense advanced tech- nology program; (3) $15,000,000 is available only for integration (including qualification) of the Hellflre missile on the UH-60 helicopter; (4) $50,160,000 is available only for the Joint Tactical Missile System and for selection of either the Patriot T-16 or Lance T-22 as the delivery vehicle for such system; and (5) $12,561,000 is available only for the Mobile Protected Gun System. (b) None of the amount appropriated pursuant to the authoriza- tion in section 201 for the Army may be used for full-scale engineer- ing development of the Military Computer Family System until the Secretary of Defense provides to the Committees on Armed Services of the Senate and House of Representatives a plan for the introduc- tion and integration of advanced micro-electronic computers into weapons systems. (c) Of the funds authorized to be appropriated pursuant to this section, $20,500,000 shall be available for research and development by the Department of the Army for the Military Computer Family. The Secretary of Defense shall make offsetting reductions in lower priority computer application projects authorized in this Act.

�


text:
Page:United States Statutes at Large Volume 97.djvu/655

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 623 LIMITATIONS ON FUNDS FOR THE NAVY SEC. 203. (a) Of the amount authorized in section 201 for the Navy (including the Marine Corps)— (1) $24,000,000 is available only for continued development of the Rankine Cycle Energy Recovery (RACER) system to ensure compatibility of the RACER system with all ships of the DDG-51 class, including the lead ship; (2) $20,000,000 is available only for the antiradiation projec- tile program; (3) $72,593,000 is available only for the Mark 92 fire control system; (4) $10,000,000 is available only for a derivative of the Stand- ard Missile II to be used for the Navy outer air battle mission; and (5) $1,470,000 is available only for the evaluation of a wing-lift system for Navy utility craft. (b)(1) None of the amount appropriated pursuant to the authoriza- tion in section 201 for the Navy may be used for full-scale engineer- ing development of the AN/UYK-43 and AN/UYK-44 computers until the Secretary of Defense provides to the Committees on Armed Services of the Senate and House of Representatives a plan for the introduction and integration of advanced microelectronic computers into weapons systems. (2) None of the amount appropriated pursuant to the authoriza- tion in section 201 for the Navy may be used for the Navy Mid- Infrared Advanced Chemical Laser program. Computerization plan, submittal to congressional committees. LIMITATIONS ON FUNDS FOR THE AIR FORCE SEC. 204. (a) Of the amount authorized in section 201 for the Air Force— (1) $60,000,000 is available for the Strategic Laser System Technology program, of which $40,000,000 is available only for the development by the Air Force Space Command of the visible/ultraviolet short wavelength laser program; (2) not less than $22,477,000 is available for research and development of Training and Simulation Technology; and (3) $20,000,000 is available only for the development of termi- nally guided and sensor-fused submunitions for the Air Force deep strike mission. (b) None of the amount appropriated pursuant to the authoriza- tion in section 201 for the Air Force may be used for continued development of the Airborne Laser Laboratory. LIMITATIONS ON FUNDS FOR THE DEFENSE AGENCIES SEC. 205. (a) Of the amount authorized in section 201 for the Defense Agencies— (1) not less than $65,000,000 is available only for research, development, test, and evaluation of free-electron and other short wavelength (excluding blue-green) lasers; (2) $33,100,000 is available only for the particle-beam technology program, including modifications to the advanced test accelerator required for free-electron laser research; and (3) $22,000,000 is available only for a joint Defense Advanced Research Projects Agency and Department of Energy project for

�


text:
Page:United States Statutes at Large Volume 97.djvu/656

 97 STAT. 624 PUBLIC LAW 98-94—SEPT. 24, 1983 Comprehensive plan, submittal to Congress. research, development, test, and evaluation of third-generation defensive weapons. (b) None of the amount appropriated pursuant to the authoriza- tion in section 201 for the Defense Agencies may be used for research, development, test, and evaluation for the program for fifth-generation artificial intelligence computers until the Secretary of Defense submits to Congress a comprehensive plan for the manner in which such program will be carried out. LIMITATION ON SIZE OF SMALX, MOBILE MISSILE SEC. 206. None of the funds appropriated pursuant to authoriza- tions of appropriations in section 201 for the Air Force may be obligated or expended for research, development, test, or evaluation for an intercontinental-range mobile ballistic missile that would weigh more than 33,000 pounds or that would carry more than a single warhead. Submittal to congressional committees. Joint hearing of congressional committees. REPORT ON THE JOINT TACTICAL MISSILE SYSTEM AND THE JOINT SUR- VEILLANCE AND TARGET ATTACK SYSTEM; RESTRICTION ON USE OF FUNDS SEC. 207. (a) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives not later than October 1, 1984, a report setting forth a comprehensive and coordinated plan for the development and procurement of the Joint Tactical Missile System and the Joint Surveillance and Target Attack System (JSTARS) of the Air Force. The report shall clearly define the integration of those systems within the Air-Land Battle concept developed in the Department of Defense and the expected contribution of those systems to the disruption and destruction of follow-on enemy forces. (b) Of the total amount appropriated for the Air Force JSTARS program pursuant to authorizations in this title, $20,000,000 may not be obligated or expended for the integration of the JSTARS radar on any airborne platform until after the completion of a joint hearing of the Committees on Armed Services of the Senate and the House of Representatives on the subject of deep strike interdiction or until after December 1, 1983, whichever occurs first. Funding restriction. ANTIBALUSTIC MISSILE DEFENSE SYSTEM RESEARCH SEC. 208. (a) Subject to subsection (b), the Secretary of Defense may use not more than $50,400,000 of amounts appropriated pursu- ant to an authorization of appropriations in this title which are not obligated for any other purpose to carry out research, development, test, and evaluation on the Ballistic Missile Defense systems tech- nology program of the Army. The amount authorized under the preceding sentence— (1) is in addition to any amount authorized to be appropriated by this title to carry out research, development, test, and evalu- ation on the Ballistic Missile Defense systems technology program of the Army; and (2) is not an addition to the total of the authorizations of appropriations contained in this Act.

�