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 96 STAT. 2270

Report to Congress. Citizenship.

8 USC 1101 note.

PUBLIC LAW 97-429—JAN. 8, 1983

shall immediately publish notice in the Federal Register stating that the roll has been completed. The Secretary shall ensure that the roll, once completed, is maintained and that it is current. (b) If the Secretary does not compile the roll within the period prescribed in subsection 4(a), he shall submit a report to Congress setting forth the reasons he did not do so. (c) For a period of five years after the publication of the Federal Register notice required under subsection 4(a), any member of the Band whose name appears on the roll compiled by the Secretary, may, at his option, apply for United States citizenship. Such application shall be made to the Immigration and Naturalization Service and, upon receipt of the application, citizenship shall promptly be granted to the applicant. (d) Notwithstanding the Immigration and Nationality Act, all members of the Band shall be entitled to freely pass and repass the borders of the United States and to live and work in the United States. LAND ACQUISITION; APPLICABILITY O F THE INDIAN REORGANIZATION ACT

25 USC 1300b-14. 25 USC 461 note.

25 USC 465.

SEC. 5. (a) The Act of June 18, 1934 (48 Stat. 984), is hereby made applicable to the Band: Provided, however. That the Secretary is only authorized to exercise his authority under section 5 of that Act (25 U.S.C. 465) with respect to lands located in Maverick County, Texas. (b) The Secretary is authorized and directed to accept no more than one hundred acres of land in Maverick County, Texas which shall be offered for the benefit of the Band with the approval of the Tribe. Nothing in this subsection shall be construed as limiting the authority of the Secretary under section 5 of the Act of June 18, 1934 (48 Stat. 985). JURISDICTION

25 USC 1300b-15.

25 USC 1321, 1322. 25 USC 1323. 28 USC 1360 note.

25 USC 1300b-16.

Consultation and cooperation with Mexican Government.

SEC. 6. The State of Texas shall exercise jurisdiction over civil causes of action and criminal offenses arising on the Band's trust lands in accordance with section 1360 of title 28, United States Code, and section 1162 of title 18, United States Code, as if it had assumed jurisdiction pursuant to sections 401 and 402 of the Act of April 11, 1968 (82 Stat. 78, 79). The provisions of section 403 of the Act of April 11, 1968 (82 Stat. 79), shall be applicable and available to the State of Texas. PROVISION OF FEDERAL INDIAN SERVICES

SEC. 7. (a) Notwithstanding any other provision of law authorizing the provision of special programs and services by the United States to Indiems because of their status as Indians, the Band and its members in Maverick County, Texas shall be eligible for such programs and services without regard to the existence of a reservation, the residence of members of the Band on or near a reservation, or the compilation of the roll pursuant to subsection 4(a) of this Act. (b) In providing services pursuant to subsection (a), the Secretary and the head of each department and agency shall consult and cooperate with appropriate officials or agencies of the Mexican Government to the greatest extent possible to ensure that such services meet the special tricultural needs of the Band and its members. Such consultation and cooperation may include, whenever

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Page:United States Statutes at Large Volume 96 Part 2.djvu/909

 PUBLIC LAW 97-429—JAN. 8, 1983 practicable, joint funding agreements between such agency or department of the United States and the appropriate agencies and officials of the Mexican Government. Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 4496: HOUSE REPORT No. 97-858 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-684 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Dec. 20, considered and passed Senate, amended. Dec. 21, House agreed to Senate amendments.

96 STAT. 2271

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


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 96 STAT. 2272

PUBLIC LAW 97-430—JAN. 8, 1983

Public Law 97-480 97th Congress

An Act Jan. 8, 1983 [H.R. 5027] Walter E. Hoffman United States Courthouse. Designation.

Effective date.

To designate the building known as the United States Post Office and Courthouse in Norfolk, Virginia, as the "Walter E. Hoffman United States Courthouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building located at the intersection of Granby Street and Brambleton Avenue in Norfolk, Virginia, known as the United States Post Office and Courthouse, shall hereafter be known and designated as the "Walter E. Hoffman United States Courthouse". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "Walter E. Hoffman United States Courthouse". SEC. 2. This Act shall take effect on November 1, 1982. Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 5027: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 17, considered and passed House. Dec. 23, considered and passed Senate.

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 PUBLIC LAW 97-431—JAN. 8, 1983

96 STAT. 2273

Public Law 97 -481 97th Congress An Act To direct the Secretary of the Interior to release on behalf of the United States certain restrictions contained in a previous conveyance of land to the city of Albuquerque, New Mexico, and for other purposes.

Jan. 8, 1983 [H.R. 4568]"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) subject to Albuquerque, subsection (b), the Secretary of the Interior (hereinafter in this Act N. Mex. land Previous referred to as the "Secretary") shall release, by quitclaim deed or conveyance, other good and sufficient instrument, on behalf of the United States, release of certain with respect to the land described in subsection (c) which was restrictions. conveyed by the United States to the city of Albuquerque, New Mexico, by a patent numbered 30-64-0081, all conditions in such patent— (1) which require that such land be used for a public purpose pursuant to a plan approved by the Secretary, and (2) which prohibit the transfer of title or control of such land by the patentee or its successor. (b) The Secretary shall not deliver the release authorized by subsection (a) until the city of Albuquerque, New Mexico, simultaneously with such delivery— (1) consummates an exchange of the land described in subsection (c) for the land described in subsections (d) and (e); and (2) enters into a recordable agreement, in consideration of Recordable such release, that is satisfactory to the Secretary providing agreement. that— (A) the city of Albuquerque will carry out at its sole expense a plan of development for the lands described in subsections (d) and (e), such plan to be submitted for the Secretary's written approved within one year after the date of the exchange and to be implemented by the city substantially in accordance with a timetable to be set forth in the plan; (B) the city of Albuquerque will not use or permit the use of the lands described in subsections (d) and (e) which are received by the city of Albuquerque in exchange for the land described in subsection (c) for any purpose except exclusively for a community park or for other public purposes that are described in the plan of development, as approved by the Secretary; (C) the city of Albuquerque will not transfer or attempt to transfer title to, or control over, any land described in subsections (d) or (e) after the city of Albuquerque receives title to such lands; and (D) the city of Albuquerque will forfeit to the United States the title to and possession of the land described in subsections (d) and (e) if such property should ever cease to be used for a community park or for other public purposes described in the approved development plan, or if the city of

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 96 STAT. 2274

Secretary's release authority.

PUBLIC LAW 97-431—JAN. 8, 1983

Albuquerque attempts to transfer title to, or control over, such lands after the city receives title to such lands. (c) The land referred to in subsection (a) which was conveyed by the United States to the city of Albuquerque, New Mexico, on December 31, 1963, by a patent numbered 30-64-0081 is the following two tracts or parcels: (1) One tract or parcel containing 1.250 acres, more or less, which is all of the north half southwest quarter northeast quarter southwest quarter southwest quarter of section 33, township 11 north, range 4 east. New Mexico principal meridian, county of Bernalillo, State of New Mexico. (2) A second tract or parcel which is all of the south half northeast quarter northwest quarter southwest quarter southwest quarter and the south 26 feet of the north half northeast quarter northwest quarter southwest quarter southwest quarter of section 33, township 11 north, range 4 east, New Mexico principal meridian, county of Bernalillo, State of New Mexico. (d) The land referred to in subsection (b) which was conveyed by the United States to the devisees of Tom Hughes on October 17, 1955, by patent number 1155047 is the tract or parcel containing 1.624 acres, more or less, which is all of lot 58 (also known as north half northwest quarter northeast quarter southwest quarter southwest quarter) of section 33, township 11 north, range 4 east. New Mexico principal meridian, county of Bernalillo, State of New Mexico. (e) The land referred to in subsection (b) which was conveyed by the United States to Leybum B. Kimble on March 2, 1955, by a patent numbered 1150213 is all of the south half northwest quarter northeast quarter southwest quarter southwest quarter of section 33, township 11 north, range 4 east. New Mexico principal meridian, county of Bernalillo, State of New Mexico. SEC. 2. This Act does not affect— (1) any right to coal, oil, gas or other mineral deposit, or (2) except as otherwise expressly provided herein, any right, title or interest held by the United States in any land described in this Act. SEC. 3. The authority of the Secretary to execute and deliver the release required by the first section of this Act shall not be limited by the Act entitled "An Act to authorize acquisition or use of public

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 PUBLIC LAW 97-431—JAN. 8, 1983

96 STAT. 2275

lands by States, counties, or municipalities for recreational purposes.", approved June 14, 1926 (43 U.S.C. 869 et seq.). Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 4568: HOUSE REPORT No. 97-635 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 2, considered and passed House. Dec. 23, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/914

 96 STAT. 2276

PUBLIC LAW 97-432—JAN. 8, 1983

Public Law 97-432 97th Congress An Act Jan. 8, 1983 fH R 54561

Plant ?mlndme"nt 7 USC 159. 7 USC 160.

7 USC 161.

To amend the Pleuit Quarantine Act of August 20, 1912, as amended, to eliminate certain unnecessary regulatory requirements.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of August 20, 1912 (7 U.S.C. 159,160,161), is amended by— (1) striking out in section 5 the colon and all that follows down through the end of the sentence and inserting in lieu thereof a period; (2) striking out in the second sentence of section 7 the following: "That before the Secretary of Agriculture shall promulgate his determination that it is necessary to forbid the importation into the United States of the articles named in this section he shall, after due notice to interested parties, give a public hearing, under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney: Provided further,"; and (8) striking out in the fourth sentence of section 8 the following: "That before the Secretary of Agriculture shall promulgate his determination that it is necessary to quarantine any State, territory, or district of the United States, or portion thereof, under the authority given in this section, he shall, after due notice to interested parties, give a public hearing under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney: Provided further,". Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 5456: HOUSE REPORT No. 97-873 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 28, considered and passed House. Dec. 20, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/915

 PUBLIC LAW 97-433—JAN. 8, 1983

96 STAT. 2277

Public Law 97-438 97th Congress An Act To establish the National Park System Visitor Facilities Fund, and for other purposes.

Jan. 8, 1983 [H.R. 7316]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may National Park be cited as the "National Park System Visitor Facilities Fund Act". FadSSelFund SEC. 2. DEFINITIONS.—For purposes of this Act— Act. (1) "Foundation" means the National Park Foundation estab- 16 USC I9aa lished under the Act of December 18, 1967 (81 Stat. 656; 16 ^ff;^ 16 USC 19aa. U.S.C. 19e and following); (2) "Fund" means the National Park System Visitor Facilities Fund established under section 3 of this Act; (3) "Secretary" means the Secretary of the Interior; and (4) "visitor facility" means any structure, fixture, or improvement— (A) which is located within a unit of the National Park System upon land owned by the United States; (B) in which no concessioner has a possessory interest (within the meaning of section 6 of the National Park Service Concessions Policy Act (16 U.S.C. 20-20g)); and 16 USC 20e. (C) which is used to provide food, lodging, or other services to visitors. Such term also includes concessioners' employee dormitories which meet the requirements of subparagraphs (A) and (B). SEC. 3. ESTABLISHMENT OF FUND.—There is hereby established in 16 USC I9bb. the Treasury of the United States the National Park System Visitor Facilities Fund. There shall be credited to the Fund an amount equal to all National Park System concession fees, including franchise fees and building user fees, paid to or due and owing to the United States after October 1, 1982 for the privilege of providing visitor accommodations and services in units of the National Park System (other than revenues obtained under the provisions of section 111 of the National Historic Preservation Act of 1966) (16 U.S.C. 16 USC 470h-3. 470-470t). SEC. 4. AUTHORIZATION OF APPROPRIATIONS.—(a) Beginning in 16 USC I9cc. fiscal year 1984, amounts credited to the Fund pursuant to this Act are authorized to be appropriated to the National Park Service, to be made available for expenditure by the Foundation to carry out its functions under this Act. (b) In addition to the amount authorized to be appropriated pursuant to subsection (a) of this section, there is authorized to be appropriated, not to exceed $1,000,000 to the National Park Service, to be made available for expenditure by the Foundation to carry out its functions under this Act. Such sums shall be available for expenditure by the Foundation only to the extent such sums are matched on a dollar-for-dollar basis by cash or in-kind contributions made to the Foundation for the purposes of this Act.

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 96 STAT. 2278

National Park Foundation, functions. 16 USC 19dd.

Grants.

Historic property.

Annual report to Congress. 16 USC 19ee.

PUBLIC LAW 97-433—JAN. 8, 1983

(c) Except as provided in section 8 of this Act, sums appropriated under this section shall remain available until expended. SEC. 5. ADMINISTRATION OF FUND PROJECTS.—(a) In a timely fashion, the Director of the National Park Service, with the concurrence of the Secretary, shall submit to the Executive Committee of the National Park Foundation detailed recommendations for the reconstruction, rehabilitation, replacement, improvement, relocation, or removal of visitor facilities. The Director shall specify those projects which he deems to have the highest priority for funding under this Act. The Executive Committee shall consider such recommendations and, with the concurrence of the Director of the National Park Service, recommend projects to the Board of the Foundation for its approval. (b) The Secretary shall make grants to the Foundation from amounts available in the Fund for the purpose of carrying out projects approved under this section. (c)(1) Any project approved and carried out under this section shall be consistent with the purposes for which the park system unit involved was established and with any approved general management plan applicable to that unit. Any plans for, and location and design of, any specific project shall be reviewed by and concurred in by the Director of the National Park Service. (2) In recommending any project under this Act with respect to any property listed on, or eligible for listing on the National Register of Historic Properties, the National Park Service shall take into account the recommendations of the Advisory Council on Historic Preservation and any project affecting any such property shall be carried out in a manner consistent with the requirements of the National Historic Preservation Act (16 U.S.C. 470-470t). (d) The Foundation shall carry out projects under this Act, and expend grants made available under this Act, in accordance with applicable provisions of law and regulations. All grants for any projects to be carried out under this Act shall be in accordance with Circular A-110 published by the Office of Management and Budget applicable to Federal grants. The Foundation shall be responsible for managing the construction activities, including the selection of persons to perform architectural, engineering, construction, and related services. (e) By undertaking to administer any project under this Act, the Foundation shall be deemed to have agreed that all right, title, and interest in any visitor facility with respect to which such project is carried out shall be vested in the United States. The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation in connection with its activities under this Act. (1) The Foundation shall include in its annual report to the Congress a description of projects undertaken under this Act and the Foundation's accomplishments under this Act. SEC. 6. AUTHORITY OF THE NATIONAL PARK FOUNDATION.—For the

purposes of this Act, the Foundation, in addition to any other authorities it may have— (1) shall have all necessary and proper powers for exercise of the authorities vested in it by this Act; (2) may execute all instruments deemed necessary or appropriate in the exercise of any of its functions under this Act; and (3) may expend a portion of moneys received under this Act for such reasonable personnel and incidental expenses as are necessary to carry out its functions under this Act.

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 PUBLIC LAW 97-433—JAN. 8, 1983

96 STAT. 2279

7. RESPONSIBILITIES OF THE SECRETARY.—Nothing in this Act 16 USC i9ff. shall affect the authorities or responsibilities of the Secretary under other provisions of law, including the authorities and responsibilities vested in him under the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and under the National Park System Concessions PoliQT Act (79 Stat. 969; 16 U.S.C. 20-20g). SEC. 8. EXPIRATION OF AUTHORITY.—The authorities contained in 16 USC i9gg. this Act shall expire on September 30, 1989. After that date, any moneys previously credited to the Fund under this Act which have not been appropriated, or if appropriated, which have not been obligated or expended, shall be transferred to miscellaneous receipts of the Treasury. SEC.

Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 7316 (S. 2715): HOUSE REPORT No. 97-953 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1^82): Dec. 10, considered and passed House. Dec. 21, considered and passed Senate.

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 96 STAT. 2280

PUBLIC LAW 97-434—JAN. 8, 1983

Public Law 97-434 97th Congress An Act Jan. 8, 1983 [H.R. 5916] Ramah Navajo Indians and Choctaw Indians of Mississippi. Lands held in trust.

25 USC 495a.

25 USC 459 note.

To declare certain Federal lands acquired for the benefit of Indians to be held in trust for the Tribes of such Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the first section of the Act of October 17, 1975 (89 Stat. 577; 25 U.S.C. 459), is amended by adding thereto the following new subsection (c): "(c) The right, title, and interest of the United States of America in all of the lands, including the improvements now thereon (title to which is in the United States), acquired under title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), and any subsequent Emergency Relief Appropriation Acts, including but not limited to section 5 of the Emergency Relief Appropriation Act of 1939 (53 Stat. 927, 930) and section 4 of the Emergency Relief Appropriation Act, fiscal year 1941 (54 Stat. 611, 617), together with all minerals underlying any such land whether acquired pursuant to such Acts or otherwise owned by the United States, and which lands are now administered by the Secretary of the Interior for the use or benefit of (1) Ramah Navajo Indians, are hereby declared to be held in trust for the Ramah Band of the Navajo Tribe, and (2) Choctaw Indians of Mississippi, except lands subject to the Act of June 21, 1939 (53 Stat. 851), are hereby declared to be held in trust for the Mississippi Band of Choctaw Indians; excepting valid rights-of-way of record." OD) Section 2(a) of said Act of October 17, 1975, is amended by deleting "section 1 of this Act" and inserting in lieu thereof "section 1(a) of this Act". (c) The amendments made by this Act shall be effective upon enactment of this Act. Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 5916: HOUSE REPORT No. 97-816 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Dec. 21, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/919

 PUBLIC LAW 97-435—JAN. 8, 1983

96 STAT. 2281

Public Law 97-435 97th Congress An Act To direct the Secretary of the Interior to release certain conditions contained in a patent concerning certain land conveyed by the United States to Eastern Washington University.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) subject to section 2, the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") shall release certain conditions contained in patent numbered 1216646 concerning the land described in subsection (b) conveyed by the United States to Eastern Washington University (formerly the Eastern Washington College of Education) (hereinafter in this Act referred to as the "University"). Such conditions provide that such land will revert to and revest in the United States if the University or any successor of the University— (1) uses such land for purposes other than recreational and educational purposes, or (2) attempts to transfer title to such land. (b) The land referred to in subsection (a) comprises 21 acres and may be described as lot 6, section 84, Township 22 North, Range 41 East, Willamette Meridian, Washington. (c) The authority of the Secretary to release such conditions shall expire five years after the enactment of this Act. SEC. 2. The Secretary shall carry out subsection (a) of the first section of this Act only after the University concludes an agreement with the Secretary, and delivers to the Secretary a recordable document setting forth the terms of such agreement, that— (1) the University will dispose of the land described in subsection (b) of such section only for the purpose of acquiring, by exchange or purchase, real property which is more suitable for educational or recreational purposes than such land, (2) if the University exchanges such land for other real property— (A) the fair market value of such real property will not be less than the fair market value of such land, or (B) the University will pay to the United States any amount by which the fair market value of such land exceeds the fair market value of such real property, (3) if the University sells such land— (A) the amount received by the University from such sale will be not less than the fair market value of such land, and (B) the University will pay to the United States any portion of such amount which is not used to purchase other real property as provided in paragraph (1), (4) title to any real property acquired by the University by exchange of such land or by purchase with the proceeds of the sale of such land will vest in the United States if the University or any successor of the University—

Jan. 8, 1983 [H.R. 6419]'

Eastern Washington University. Release of certain land patent conditions.

Authority expiration. Recordable agreement.

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 96 STAT. 2282

PUBLIC LAW 97-435-JAN. 8, 1983 (A) uses such real property for purposes other than educational or recreational purposes, (B) attempts to transfer title to such real property, or (C) prohibits or restricts, directly or indirectly, or permits its agents, employees, contractors, or subcontractors (including lessees, sublessees, or permittees) to prohibit or restrict, directly or indirectly, the use of such real property or any facility thereon by any individual because of such individual's race, creed, color, sex, or national origin, and (5) the University will include the terms of such agreement in any document transferring to the University property acquired by the University pursuant to such agreement. Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 6419: HOUSE REPORT No. 97-709 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 ( 1982): Aug. 16, considered and passed House. Dec. 19, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/921

 PUBLIC LAW 97-436—JAN. 8, 1983

96 STAT. 2283

Public Law 97-436 97th Congress An Act To provide for the distribution of Warm Springs judgment funds awarded in docket numbered 198 before the Indian Claims Commission, and for other purposes.

Jan. 8, 1983 [H.R. 6243]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That notwithstand- Confederated ing any provision of the Act approved October 19, 1973 (25 U.S.C. Tribes of the Warm Springs 1401 et seq.), any other law, and any regulation or plan promulgated Reservation, pursuant to such Act or any other law, the funds appropriated by distribution of the Act approved January 3, 1974 (87 Stat. 1071), for the award to judgment funds. the Confederated Tribes of the Warm Springs Reservation in docket numbered 198 before the Indian Claims Commission, including all interest and investment income accrued, less attorney fees and litigation expenses, shall be distributed in accordance with section 2 of this Act. SEC. 2. The Secretary of the Interior (hereinafter in this Act Distribution on referred to as the "Secretary") shall distribute the funds referred to per capita basis. in the first section of this Act to the individuals enrolled by the Secretary under section 3 of this Act on a per capita basis in the following manner: (1) The per capita share of a living competent individual who has attained the age of eighteen shall be paid directly to such individual. (2) The per capita shares of deceased individual beneficiaries shall be determined and distributed in accordance with 43 CFR part 4, subpart D. In the event an individual dies intestate without heirs, the per capita share of the individual shall escheat to the Coi^ederated Tribes of the Warm Springs Reservation. (3) The per capita share of an individual under the age of eighteen or an individual determined by the Secretary to be incompetent to handle his own affairs shall be (A) distributed in accordance with such procedures as the Secretary determines to be necessary to protect the interests of such individual, or (B) in the discretion of the Secretary, held in trust for the benefit of such individual. SEC. 3. The Secretary shall prepare, under such procedures as he Membership may establish by regulation, a roll of all members of the Confeder- roll. ated Tribes of the Warm Springs Reservation who— (1) were born on or prior to, and were alive on, the date of enactment of this Act, but also including deceased persons who were alive and enrolled as of February 18, 1975, and, (2) have not participated in— (A) the distribution to the Malheur Paiutes under the provisions of the Act approved August 20, 1964 (78 Stat. 25 USC 563), (B) a distribution pursuant to any other judgment under 1011-1015. the Act approved August 13, 1946 (25 U.S.C. 70 et seq.), or

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 96 STAT. 2284

PUBLIC LAW 97-436—JAN. 8, 1983

(C) any distribution under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). The determination of the Secretary regarding the eligibility for enrollment under this section of any individual shall be final. E.ll!!^^"''?^^^^ SEC. 4. (a) None of the funds distributed by the Secretary under income taxes. section 2 of this Act (or held in trust by the Secretary pursuant to paragraph (3)(B) of such section) shall be subject to Federal or State income taxes. (b)(1) Except as provided in paragraph (2), the availability or distribution of funds by the Secretary under section 2 of this Act may not be considered as income or resources or otherwise used as the basis for denying or reducing— (A) any financial assistance or other benefit to which any individual enrolled as a member under section 3 of this Act, or the household of any such individual, would otherwise be entitled or for which such individual or household is otherwise eligible under the Social Security Act, or ^) any other Federal financial assistance or other Federal benefit to which such individual or household is otherwise entitled or for which such individual or household is otherwise eligible. (2) The restriction contained in paragraph (1) of this subsection on the consideration or use of such funds for the purpose of reducing or denying any financial assistance or benefit described in subparagraph (B) of such paragraph shall not apply to that porticm of any per capita share distributed under section 2 of this Act which exceeds $2,000. Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 6243: HOUSE REPORT No. 97-936 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 6, considered and passed House. Dec. 20, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/923

 PUBLIC LAW 97-437—JAN. 8, 1983 Public Law 97-437 97th Congress

96 STAT. 2285

An Act

To amend title 5, United States Code, to allow student interns of the Internal Revenue Service to have access to certain information required by such students in the performance of their official duties.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 3111(c) of title 5, Unit«l States Code, is amended— (1) by striking out "(c) Any" and inserting in lieu thereof "(c)(1) Except as provided in paragraph (2), any"; and (2) by adding at the end thereof the following new paragraph: "(2) In addition to being considered a Federal employee for the purposes specified in paragraph (1), any student who provides voluntary service as part of a program established under subsection (b) of this section in the Internal Revenue Service, Department of the Treasury, shall be considered an employee of the Department of the Treasury for purposes of— "(A) section 552a of this title (relating to disclosure of "(B) subsections (a)(D, (h)(D, (k)(6), and aX4) of section 6103 of title 26 (relating to confidentiality and disclosure of returns and return information); "(O sections 7213(a)(l) and 7431 of title 26 (relating to unauthorized disclosures of returns and return information by Federal employees and other persons); and "(D) section 7423 of title 26 (relating to suits against employees of the United States); except that returns and return information (as defined in section 6103(b) of title 26) shall be made available to students under such program only to the extent that the Secretary of the Treasury or his designee determines that the duties assigned to such students so require.". Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 6519: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 13, considered and passed House. Dec. 23, considered and passed Senate.

Jan. 8, 1983 [H.R. 6519]'

IRS student interns, information accessibility.

Ante, p. 645.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/924

 96 STAT. 2286

PUBLIC LAW 97-438—JAN. 8, 1983

Public Law 97-438 97th Congress An Act Jan 8 1983 [HR. 7143]

Foreign AcrofSei amendment 22 USC 2182a.

'^'^ amend the Foreign Assistance Act of 1961 to extend for an additional year the ^anricultural and Productive Credit and Self-Help Community Development pS)gram8.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 222A(h) of the Foreign Assistance Act of 1961 is amended by striking out "September 30, 1982" and inserting in lieu thereof "September30, 1983". Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 7143: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 28, considered and passed House. Dec. 20, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/925

 PUBLIC LAW 97-439—JAN. 8, 1983

96 STAT. 2287

Public Law 97-439 97th Congress An Act To amend the Federal Seed Act with respect to prohibitions relating to interstate commerce in seed mixtures intended for lawn and turf purposes and prohibitions relating to importation of certain seeds, 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

j^j^ g i^g^ [H.R. 7005]

Federal Seed Act Amendments of 1982.

1. This Act may be cited as the "Federal Seed Act 7 USC i55i note. Amendments of 1982". SECTION

LAWN AND TURF SEED

SEC. 2. (a) The matter preceding clause (1) of section 201(a) of the Federal Seed Act (7 U.S.C. 1571(a)) is amended by striking out ", except as provided in paragraph (j) of this section for seed mixtures intended for lawn and turf purposes,". (b) Section 201(a)(1) of such Act (7 U.S.C. 1571(a)(1)) is amended by(1) inserting "(A), except with respect to seed mixtures intended for lawn and turf purposes," after "Provided, That"; (2) striking out ": And provided further. That", and inserting in lieu thereof ", (B)"; and (3) inserting before the semicolon at the end thereof the following: ", and (C) seed mixtures intended for lawn and turf purposes shall be designated as a mixture on the label and each seed component shall be listed on the label in the order of predominance". (c) Section 201(j) of such Act (7 U.S.C. 1571(j)) is repealed. SEED MIXTURE TEST DATES

SEC. 3. Section 201(a)(8) of the Federal Seed Act (7 U.S.C. 1571(a)(8)) is amended by inserting before the semicolon at the end thereof the following: ", except that, in the case of a seed mixture, it is only necessary to state the calendar month and year of such test for the kind or variety or t5rpe of agricultural seed contained in such mixture which has the oldest calendar month and year test date among the tests conducted on all the kinds or varieties or types of agricultural seed contained in such mixture". PERIOD B E T W E E N GERMINATION TEST AND TRANSPORTATION

SEC. 4. Section 201(c) of the Federal Seed Act (7 U.S.C. 1571(c)) is amended by— (1) striking out "(a)" and inserting "(1)" in lieu thereof; (2) striking out "(b)" and inserting "(2)" in lieu thereof;

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Page:United States Statutes at Large Volume 96 Part 2.djvu/926

 96 STAT. 2288

PUBLIC LAW 97-439—JAN. 8, 1983 (3) inserting "(A)" after "which*' in clause (2) as redesignated by this section; and (4) adding before the period at the end thereof the following: "; or (B) the Secretary finds will maintain a percentage of germination within the limits of tolerance established under this Act under ordinary conditions of handling". PROHIBITIONS RELATING TO IMPORTATION

SEC. 5. (a)(1) Section lOKaXS) of the Federal Seed Act (7 U.S.C. 1561(a)(8)) is amended by— (A) striking out subparagraph (B); (B) striking out "(A)"; (O striking out "(i)" and inserting in lieu thereof "(Af*; and (D) striking out ' W and inserdng in lieu thereof "(B)". (2) Section 101(a) of such Act (7 U.S.C. 1561(a)) is amended by striking out paragraph (17) and redesignating paragraphs (18) through (25) as paragraphs (17) through (24), respectively. (b)(1) Section SOKaXD of such Act (7 U.S.C. 1581(a)(l)) is amended by striking out "any seed containing 10 per centum or more of any agricultural or vegetable seeds if any such seed is adulterated or unfit for seeding purposes" and inserting in lieu thereof "any agricultural or vegetable seeds if any such seed contains noxiousweed seeds" (2) Section 302(a) of such Act (7 U.S.C. 1582(a)) is amended by striking out the second sentence. (3) Section 302(d) of such Act (7 U.S.C. 1582(d)) is amended by— (A) striking out "that is adulterated or unfit for seeding purposes" in the matter preceding clause (1); and (B) striking out clause (3). (4) Sections 303 and 304 of such Act (7 U.S.C. 1583 and 1584) are repealed and sections 305 and 306 of such Act (7 U.S.C. 1585 and 1£^) are redesignated as sections 303 and 304» respectively. Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 7005: HOUSE REPORT No. 97-877 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 28, considered and passed House. Dec. 20, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/927

 PUBLIC LAW 97-440—JAN. 8, 1983

96 STAT. 2289

Public Law 97-440 97th Congress An Act To amend the Federal Water Pollution Control Act to allow modifications of certain effluent limitations relating to biochemical oxygen demand and pH.

Jan. 8, 1983 [H.R. 7159]'

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 301 of Federal Water the Federal Water Pollution Control Act is amended by adding at Pollution Control Act, the end thereof the following new subsection: amendment. "(m)(1) The Administrator, with the concurrence of the State, may 33 USC 1311. issue a permit under section 402 which modifies the requirements of 33 USC 1342. subsections (b)(l)(A) and (b)(2)(E) of this section, and of section 403, 33 USC 1343. with respect to effluent limitations to the extent such limitations relate to biochemical oxygen demand and pH from discharges by an industrial discharger in such State into deep waters of the territorial seas, if the applicant demonstrates and the Administrator finds that— "(A) the facility for which modification is sought is covered at the time of the enactment of this subsection by National Pollutant Discharge Elimination System permit number CA0005894 or CA0005282; "(B) the energy and environmental costs of meeting such requirements of subsections 0)X1XA) and 0))(2)(E) and section 403 exceed by an unreasonable amount the benefits to be obtained, including the objectives of this Act; "(C) the applicant has established a system for monitoring the impact of such discharges on a representative sample of aquatic biota; "(D) such modified requirements will not result in any additional requirements on any other point or nonpoint source; "(E) there will be no new or substantially increased discharges from the point source of the pollutant to which the modification applies above that volume of discharge specified in the permit; "(F) the discharge is into waters where there is strong tidal movement and other hydrological and geological characteristics which are necessary to allow compliance with this subsection 33 USC 1251. and section 101(a)(2) of this Act; "(G) the applicant accepts as a condition to the permit a contractural obligation to use funds in the amount required (but not less than $250,000 per year for ten years) for research and development of water pollution control technology, including but not limited to closed cycle technology; "(H) the facts and circumstances present a unique situation which, if relief is granted, will not establish a precedent or the relaxation of the requirements of this Act applicable to similarly situated discharges; and "(I) no owner or operator of a facility comparable to that of the applicant situated in the United States has demonstrated that it would be put at a competitive disadvantage to the

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Page:United States Statutes at Large Volume 96 Part 2.djvu/928

 96 STAT. 2290

PUBLIC LAW 97-440—JAN. 8, 1983

applicant (or the parent company or any subsidiary thereof) as a result of the issuance of a permit under this subsection. "(2) The efQuent limitations established under a permit issued under paragraph (1) shall be sufficient to implement the applicable State water quality standards, to assure the protection of public water supplies and protection and propagation of a balanced, indigenous population of shellfish, fish, fauna, wildlife, and other aquatic organisms, and to allow recreational activities in and on the water. In setting such limitations, the Administrator shall take into account any seasonal variations and the need for an adequate margin of safety, considering the lack of essential knowledge concerning the relationship between effluent limitations and water quality and the lack of essential knowledge of the effects of discharges on beneficial uses of the receiving waters. "(3) A permit under this subsection may be issued for a period not to exceed five years, and such a permit may be renewed for one additional period not to exceed five years upon a demonstration by the applicant and a finding by the Administrator at the time of application for any such renewal that the provisions of this subsection are met. "(4) The Administrator may terminate a permit issued under this subsection if the Administrator determines that there has been a decline in ambient water quality of the receiving waters during the period of the permit even if a direct cause and effect relationship cannot be shown: Pmvided, That if the effluent from a source with a permit issued under this subsection is contributing to a decline in ambient water quality of the receiving waters, the Administrator shall terminate such permit.". Approved January 8, 1983.

LEGISLATIVE HISTORY—H.R. 7159: HOUSE REPORT No. 97-868 (Comm. on Public Works and Transportation). SENATE REPORT No. 97-686 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Dec. 19, considered and passed Senate, amended. Dec. 20, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/929

 PUBLIC LAW 97-441—JAN. 8, 1983

96 STAT. 2291

Public Law 97-441 97th Congress Joint Resolution Designating "National High School Activities Week".

Jan. 8, 1983 [S.J. Res. 101]

Whereas more than half of the students in this Nation's senior high schools are involved in at legist one extracurricular activity; Whereas this "other half of education" plans a significant role in the total educational development of high school students; Whereeis participation in activities such as athletics, speech, music, debate, drama, and others generally leads to positive development for all and often leads to superior achievement; Whereas participation and achievement in those areas often contribute to increased interest and performance in strictly academic areas; Whereas both academic and extracurricular achievement contribute greatly to the social development and interaction of all high school students; Whereas that development directly benefits local communities by channeling young people's interests and talents into positive efforts, and by instilling in them an early sense of civic duty and community pride; Whereas former President Gerald R. Ford has agreed to act as honorary national chairman of the effort to recognize the important role of extracurricular activities in this Nation's high schools: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President should National High designate the week of October 17 through October 23, 1982, as Week. Activities School "National High School Activities Week", in recognition of the valuable contribution that such programs make in developing the interests and talents of young people at the community level. Approved January 8, 1983.

LEGISLATIVE HISTORY—S.J. Res. 101: CONGRESSIONAL RECORD: Vol. 127 (1981): Sept. 16, considered and passed Senate. Sept. 21, considered and passed House, amended. Vol. 128 (1982): Dec. 16, Senate concurred in House amendment.

97-200 O—84—pt. 2

30: QL3

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Page:United States Statutes at Large Volume 96 Part 2.djvu/930

 96 STAT. 2292

PUBLIC LAW 97-442—JAN. 8, 1983

Public Law 97-442 97th Congress Joint Resolution Jan. 8, 1983 [S.J. Res. 240]

National Jaycee w®®^-

To authorize and request the President to designate the week of January 16, 1983, through January 22, 1983, as "National Jaycee Week".

Whereas the Jaycee idea began with a handful of young men in Saint Louis, Missouri, sixty-three years ago; Whereas the Jaycee idea embraces today approximately three hundred thousand members in seven thousand five hundred American communities that have chapters in the United States Jaycees; Whereas the Jaycee idea enriches the lives of communities around the world through affiliation in Jaycees International; Whereas the Jaycees organization retains a youthful outlook, even in its maturity, and continues to build on the individual member, even with its global scope—first, helping him be the best man he can be, then helping him help his fellow man in need, one to one; Whereas a Jaycee cares about people, and he shows it; Whereas a Jaycee cares about progress, and he does something about it; Whereas a Jaycee lives by the creed that "service to humanity is the best work of life", and throws himself into that work both in his vocation and avocation; Whereas a Jaycee is the kind of young man this country will need in great numbers to help meet the challenges of our times and the coming century; and Whereas it is fitting that we should give special recognition and encouragement to the Jaycee and his organization: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is authorized and requested to issue a proclamation designating the week of January 16, 1983, through January 22, 1983, as "National Jaycee Week", and calling upon all Government agencies and people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved January 8, 1988.

LEGISLATIVE HISTORY—S.J. Res. 240: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 8, considered and passed Senate. Dec. 21, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/931

 PUBLIC LAW 97-443—JAN. 8, 1983

96 STAT. 2293

Public Law 97-448 97th Congress Joint Resolution To designate the week of March 13, 1983, through March 19, 1983, as "National Children and Television Week".

Jan. 8, 1983 [S j Rgg 264]

Whereas television can create an intellectual and emotional environment which can play a decisive role in shaping individual development and perception; Whereas parents and other adults should be able to look to television to provide children with true pictures of the world and positive models for behavior; Whereas many dedicated groups and individuals strive to improve the quality of television programing viewed by children and their famiHes; and Whereas this Nation has a continuing responsibility to provide appropriate, stimulating programing for children and adolescents: 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 March 13, National 1983, through March 19, 1983, is designated as "National Children Television Week and Television Week" and the President of the United States is authorized and requested to issue a proclamation calling upon all government agencies and the people of the United States to observe the week with appropriate activities supporting television programs which are attentive to the needs and interests of children. Approved January 8, 1983.

LEGISLATIVE HISTORY—S.J. Res. 264: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 3, considered and passed Senate. Dec. 21, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/932

 96 STAT. 2294

PUBLIC LAW 97-444—JAN. 11, 1983

Public Law 97-444 97th Congress An Act Jan. 11, 1983 [H.R. 5447]

fo extend the Commodity Exchange Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Futures Trading United States of America in Congress assembled, That this Act may f u s e 1 note. ^ ^ited as the "Futures Trading Act of 1982". TITLE I-JURISDICTION OPTIONS; FUTURES CONTRACTS

7 USC 2, 4. '7 USC 2.

7 USC 2a.

15 USC 77b. 15 USC 78c.

SEC. 101. (a) Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2) is amended by— (1) redesignating paragraph (1) as paragraph (1)(A); (2) inserting in the third sentence of paragraph (I)(A), as so redesignated ", except to the extent otherwise provided in subparagraph (B) of this paragraph," after "exclusive jurisdiction"; (3) adding a new subparagraph (B) to read as follows: "(B) Notwithstanding any other provision of law— "(i) This Act shall not apply to and the (I!ommission shall have no jurisdiction to designate a board of trade as a contract market for any transaction whereby any party to such transaction acquires any put, call, or other option on one or more securities (as defined in section 2(1) of the Securities Act of 1933 or section 3(a)(10) of the Securities Exchange Act of 1934 on the date of enactment of the Futures Trading Act of 1982), including any group or index of such securities, or any interest therein or based on the value thereof. "(ii) This Act shall apply to and the Commission shall have exclusive jurisdiction with respect to accounts, Eigreements (including any transaction which is of the character of, or is commonly known to the trade as, an 'option', 'privilege', 'indemnity', 'bid', 'offer', 'put', 'call', 'advance guaranty', or 'decline guaranty') and transactions involving, and may designate a board of trade as a contract market in, contracts of sale (or options on such contracts) for future delivery of a group or index of securities (or any interest therein or based upon the value thereof): Provided, however. That no board of trade shall be designated as a contract market with respect to any such contracts of sale (or options on such contracts) for future delivery unless the board of trade making such application demonstrates and the Commission expressly finds that the specific contract (or option on such contract) with respect to which the application has been made meets the following minimum requirements:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/933

 PUBLIC LAW 97-444—JAN. 11, 1983

96 STAT. 2295

"(I) Settlement of or delivery on such contract (or option on such contract) shall be effected in cash or by means other than the transfer or receipt of any security, except an exempted security under section 3 of the Securities Act of 1933 or section 3(a)(12) of the Securi- 15 USC 77c. ties Exchange Act of 1934 as in effect on the date of 15 USC 78c. enactment of the Futures Trading Act of 1982 (other than any municipal security, as defined in section 3(a)(29) of the Securities Exchange Act of 1934 on the date of enactment of the Futures Trading Act of 1982); "(n) Trading in such contract (or option on such contract) shall not be readily susceptible to manipulation of the price of such contract (or option on such contract), nor to causing or being used in the manipulation of the price of any underlying security, option on such security or option on a group or index including such securities; and "(IID Such group or index of securities shall be predominately composed of the securities of unaffiliated issuers and shall be a widely published measure of, and shall reflect, the market for all publicly traded equity or debt securities or a substantial segment thereof, or shall be comparable to such measure, "(iii) Upon application by a board of trade for designation as a contract market with respect to any contract of sale (or option on such contract) for future delivery involving a group or index of securities, the Commission shall provide an opportunity for public comment on whether such contracts (or options on such contracts) meet the minimum requirements set forth in clause (ii) of this subparagraph. (ivXI) The Commission shall consult with the Securities and Exchange Commission with respect to any application which is submitted by a board of trade before December 9, 1982, for designation as a contract market with respect to any contract of sale (or option on such contract) for future delivery of a group or index of securities. If, no later than fifteen days following the close of the public comment period, the Securities and Exchange Commission shall object to the designation of a board of trade as a contract market in such contract (or option on such contract) on the ground that any minimum requirement of clause (ii) of this subparagraph is not met, the Commission shall afford the Securities and Exchange Commission an opportunity for an oral hearing, to be transcribed, before the Commission, and shall give appropriate weight to the views of the Securities and Exchange Commission. Such oral hearing shall be held after the public comment period, prior to Commission action upon such designation, and not less than thirty nor more than forty-five days after the close of the public comment period, unless both the Commission and the Securities Exchange Commission otherwise agree. If such an oral hearing is held, the Securities and Exchange Commission fails to withdraw its objections, and the Commission issues an order designating a board of trade as a contract market with respect to any such contract (or option on such contract), the Securities and Exchange Commission shall have the right of judicial review of such order in accordance

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Page:United States Statutes at Large Volume 96 Part 2.djvu/934

 96 STAT. 2296 7 USC 9.

'7 USC 8.

15 USC 77c. 15 USC 78c.

PUBLIC LAW 97-444—JAN. 11, 1983 with the standards of section 6(b) of this Act. If, pursuant to section 6 of this Act, there is a hearing on the record with respect to such application for designation, the Securities and Exchange Commission shall have the right to participate in that hearing as an interested party. "(II) Effective for any application submitted by a board of trade on or after December 9, 1982, for designation as a contract market with respect to any contract of sale (or option on such contract) for future delivery of a group or index of securities, the Commission shall transmit a copy of such application to the Securities and Exchange Commission for review. The Commission shall not approve any such application if the Securities and Exchange Commission determines that such contract (or option on such contract) fails to meet the minimum requirements set forth in clause (ii) of this subparagraph. Such determination shall be made by order no later than forty-five days after the close of the public comment period under clause (iii) of this subparagraph. In the event of such determination, the board of trade shall be afforded an opportunity for a hearing on the record before the Securities and Exchange Commission. If a board of trade requests a hearing on the record, the hearing shall commence no later than thirty days following the receipt of the request, and a final determination shall be made no later than thirty da3rs after the close of the hearing. A person aggrieved by any such order of the Securities and Exchange Commission may obtain judicial review thereof in the same manner and under such terms and conditions as are provided in section 6(a) of this Act. "(v) No person shall offer to enter into, enter into, or confirm the execution of any contract of sale (or option on such contract) for future delivery of any security, or interest therein or based on the value thereof, except an exempted security under section 3 of the Securities Act of 1933 or section 3(a)(12) of the Securities Exchange Act of 1934 as in effect on the date of enactment of the Futures Trading Act of 1982 (other than any municipal security as defined in section 3(a)(29) of the Securities Exchange Act of 1934 on the date of enactment of the Futures Trading Act of 1982), or except as provided in clause (ii) of this subparagraph, any group or index of such securities or any interest therein or based on the value thereof.". OPTIONS ON FOREIGN CURRENCIES

SEC. 102. Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is amended by adding at the end thereof the following new subsection: "(f) Nothing in this Act shall be deemed to govern or in any way be applicable to any transaction in an option on foreign currency traded on a national securities exchange.". COMMODITY POOLS

SEC. 103. Section 4m of the Commodity Exchange Act (7 U.S.C. 6m) is amended by—

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Page:United States Statutes at Large Volume 96 Part 2.djvu/935

 PUBLIC LAW 97-444—JAN. 11, 1983

96 STAT. 2297

(1) inserting "(1)" immediately following the section designation; and (2) adding at the end thereof the following new subsection: "(2) Nothing in this Act shall relieve any person of any obligation or duty, or affect the availability of any right or remedy available to the Securities and Exchange Commission or any private party arising under the Securities Act of 1933 or the Securities Exchange Act 15 USC 77a. of 1934 governing the issuance, offer, purchase, or sale of securities 15 USC 78a. of a commodity pool, or of persons engaged in transactions with respect to such securities, or reporting by a commodity pool.". SHARING INFORMATION WITH CONTRACT MARKETS AND OTHER SELFREGULATORY ORGANIZATIONS

SEC. 104. Section 8a(6) of the Commodity Exchange Act (7 U.S.C. 12a) is amended by— (1) inserting "registered futures association, or self-regulatory organization as defined in section 3(a)(26) of the Securities Exchange Act of 1934," before "notwithstanding"; and 15 USC 78c. (2) striking out "and consumers" and inserting in lieu thereof a comma and immediately thereafter "consumers, or investors, or which is necessary or appropriate to effectuate the purposes of this Act: Provided, That any information furnished by the Commission under this paragraph shall not be disclosed by such contract market, registered futures association, or self-regulatory organization except in any self-regulatory action or proceeding". TITLE II—MISCELLANEOUS AMENDMENTS TO THE COMMODITY EXCHANGE ACT DEFINITIONS

SEC. 201. Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2) is amended by— (1) inserting in paragraph (I)(A), as redesignated by section 101 of this Act, immediately after the sentence defining the Ante, p. 2294. term "futures commission merchant" a new sentence to read as follows: "The term 'introducing broker' shall mean any person, except an individual who elects to be and is registered as an associated person of a futures commission merchant, engaged in soliciting or in accepting orders for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market who does not accept any money, securities, or property (or extend credit in lieu thereof) to margin, guarantee, or secure any trades or contracts that result or may result therefrom."; and (2) amending the sentence defining the term "commodity trading advisor" in paragraph (I)(A), as so redesignated, to read as follows: "The term 'commodity trading advisor' shall mean any person who, for compensation or profit, engages in the business of advising others, either directly or through publications, writings or electronic media, as to the value of or the advisability of trading in any contract of sale of a commodity for future delivery made or to be made on or subject to the rules of a contract market, any commodity option authorized under section 4c, or any leverage transaction authorized under section 7 USC 6c.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/936

 96 STAT. 2298 7 USC 23.

29 USC 1001 "°*®

PUBLIC LAW 97-444—JAN. 11, 1983 19^ or who, for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning any of the foregoing; but such term does not include (i) any bank or trust company or any person acting as an employee thereof, (ii) any news reporter, news columnist, or news editor of the print or electronic media, or any lawyer, accountant, or teacher, (iii) any floor broker or futures commission merchant, (iv) the puJDlisher or producer of any print or electronic data of general and regular dissemination, including its employees, (v) the fiduciary of any defined benefit plan which is subject to the provisions of the Employee Retirement Income Security Act of 1974, (vi) any contract market, and (vii) such other persons not within the intent of this definition as the Commission may specify by rule, regulation, or order: Provided, That the furnishing of such services by the foregoing persons is solely incidental to the conduct of their business or profession: Provided further. That the Commission, by rule or regulation, may include within this definition, any person advising as to the value of commodities or issuing reports or analyses concerning commodities, if the Commission determines that such rule or regulation will effectuate the purposes of this provision.". PERSONNEL RESTRICTIONS

SEC. 202. Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 4a(f)) is amended by— (1) striking out "(A)" after the paragraph designation; and (2) striking out subparagraph (B), LEGISLATIVE FINDINGS

SEC. 203. Section 3 of the Commodity Exchange Act (7 U.S.C. 5) is amended to read as follows: "SEC. 3. Transactions in commodities involving the sale thereof for future delivery as commonly conducted on boards of trade and known as 'futures' are affected with a national public interest. Such futures transactions are carried on in large volume by the public generally and by persons engaged in the business of buying and selling commodities and the products and b3T)roducts thereof in interstate commerce. The prices involved in such transactions are generally quoted and disseminated throughout the United States and in foreign countries as a basis for determining the prices to the producer and the consumer of commodities and the products and bproducts thereof and to facilitate the movements thereof in interstate commerce. Such transactions are utilized by shippers, dealers, millers, and others engaged in handling commodities and the products and bjTJroducts thereof in interstate commerce as a means of hedging themselves against possible loss through fluctuations in price. The transactions and prices of commodities on such boards of trade are susceptible to excessive speculation and can be manipulated, controlled, cornered or squeezed, to the detriment of the producer or the consumer and the persons handling commodities and the products and byproducts thereof in interstate commerce, rendering regulation imperative for the protection of such commerce and the national public interest therein. Furthermore, transactions which are of the character of, or are commonly known to the trade as, 'options' are or may be utilized by commercial and other

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Page:United States Statutes at Large Volume 96 Part 2.djvu/937

 PUBLIC LAW 97-444—JAN. 11, 1983

96 STAT. 2299

entities for risk shifting and other purposes. Options transactions are in interstate commerce or affect such commerce and the national economy, rendering regulation of such transactions imperative for the protection of such commerce and the national public interest." UNLAWFUL FUTURES TRADING; FOREIGN FUTURES

SEC. 204. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended to read as follows: "SEC. 4. (a) It shall be unlawful for any person to offer to enter into, to enter into, to execute, to confirm the execution of, or to conduct any office or business anywhere in the United States, its territories or pc^sessions, for the purpose of soliciting or accepting any order for, or otherwise dealing in, any transaction in, or in connection with, a contract for the purchase or sale of a commodity for future delivery (other than a contract which is made on or subject to the rules of a board of trade, exchange, or market located outside the United States, its territories or possessions) unless— "(1) such transaction is conducted on or subject to the rules of a board of trade which has been designated by the Commission as a 'contract market' for such commodity; "(2) such contract is executed or consummated by or through a member of such contract market; and "(3) such contract is evidenced by a record in writing which shows the date, the parties to such contract and their addresses, the property covered and its price, and the terms of delivery: Provided, That each contract market member shall keep such record for a period of three years from the date thereof, or for a longer period if the Commission shall so direct, which record shall at all times be open to the inspection of any representative of the Commission or the Department of Justice. "(b) The Commission may adopt rules and regulations proscribing fraud and requiring minimum financial standards, the disclosure of risk, the filing of reports, the keeping of books and records, the safeguarding of customers' funds, and registration with the Commission by any person located in the United States, its territories or possessions, who engages in the offer or sale of any contract of sale of a commodity for future delivery that is made or to be made on or subject to the rules of a board of trade, exchange, or market located outside the United States, its territories or possessions. Such rules and reg[ulations may impose different requirements for such persons depen£ng upon the particular foreign board of trade, exchange, or market involved. No rule or regulation may be adopted by the Commission under this subsection that (1) requires Commission approval of any contract, rule, regulation, or action of any foreign board of trade, exchange, or market, or clearinghouse for such board of trade, exchange, or market, or (2) governs in any way any rule or contract term or action of any foreign board of trade, exchange, or market, or clearinghouse for such board of trade, exchange, or market.". SPECULATIVE LIMITS

SEC. 205. Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended by— (1) inserting "rule, regulation, or" before "order" wherever it occurs in subsections (1) and (2);

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Page:United States Statutes at Large Volume 96 Part 2.djvu/938

 96 STAT. 2300

7 USC 13.

PUBLIC LAW 97-444—JAN. 11, 1983

(2) inserting in the fourth sentence of subsection (1) after "delivery months," the words "or for different number of days remaining until the last day of trading in a contract,"; (3) striking out in subsection (2) "order's promulgation" and inserting in lieu thereof "promulgation of the rule, regulation, or order"; (4) amending subsection (3) to read as follows: "(3) No rule, regulation, or order issued under subsection (1) of this section shall apply to transactions or positions which are shown to be bona fide hedging transactions or positions as such terms shall be defined by the Commission by rule, regulation, or order consistent with the purposes of this Act. Such terms may be defined to permit producers, purchasers, sellers, middlemen, and users of a commodity or a product derived therefrom to hedge their legitimate anticipated business needs for that period of time into the future for which an appropriate futures contract is open and available on an exchange. To determine the adequacy of this Act and the powers of the Commission acting thereunder to prevent unwarranted price pressures by large hedgers, the Commission shall monitor and analyze the trading activities of the largest hedgers, as determined by the Commission, operating in the cattle, hog, or pork belly markets and shall report its findings and recommendations to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Agriculture in its annual reports for at Ifeast two years following the date of enactment of the Futures Trading Act of 1982."; (5) inserting in the first sentence of subsection (4) ", an introducing broker," after "futures commission merchant", and striking out "as floor broker" and inserting in lieu thereof "a floor broker"; and (6) adding at the end thereof the following new subsection: "(5) Nothing in this section shall prohibit or impair the adoption by any contract market or by any other board of trade licensed or designated by the Commission of any bylaw, rule, regulation, or resolution fixing limits on the amount of trading which may be done or positions which may be held by any person under contracts of sale of any commodity for future delivery traded on or subject to the rules of such contract market, or under options on such contracts or commodities traded on or subject to the rules of such contract market or such board of trade: Provided, That if the Commission shall have fixed limits under this section for any contract or under section 4c of this Act for any commodity option, then the limits fixed by the bylaws, rules, regulations, and resolutions adopted by such contract market or such board of trade shall not be higher than the limits fixed by the Commission. It shall be a violation of this Act for any person to violate any bylaw, rule, regulation, or resolution of any contract market or other board of trade licensed or designated by the Commission fixing limits on the amount of trading which may be done or positions which may be held by any person under contracts of sale of any commodity for future delivery or under options on such contracts or commodities, if such bylaw, rule, regulation, or resolution has been approved by the Commission: Provided, That the provisions of section 9(c) of this Act shall apply only to those who knowingly violate such limits.".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/939

 PUBLIC LAW 97-444—JAN. 11, 1983

96 STAT. 2301

AGRICULTURAL OPTIONS

SEC. 206. Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is amended by— (1) amending subsection (a) by— (A) inserting "or" at the end of clause (A); (B) striking out clause (B); and (C) redesignating clause (C) as clause (B); (2) amending subsection (b) to read as follows: "(b) No person shall offer to enter into, enter into or confirm the execution of, any transaction involving any commodity regulated under this Act which is of the character of, or is commonly known to the trade as, an 'option', 'privilege', 'indemnity', 'bid', 'offer', 'put', 'call', 'advance guaranty', or 'decline guaranty', contrary to any rule, regulation, or order of the Commission prohibiting any such transaction or allowing any such transaction under such terms and conditions as the Commission shall prescribe. Any such order, rule, or regulation may be made only after notice and opportunity for hearing, and the Commission may set different terms and conditions for different markets."; (3) in subsection (c), inserting immediately after the first sentence the following: "With respect to any commodity regulated under this Act and specifically set forth in section (2)(a) of this Act prior to the date of enactment of the Commodity Ante, p. 2294. Futures Trading Commission Act of 1974, the Commission may, '^ use i note. pursuant to the procedures set forth in this subsection, establish a pilot program for a period not to exceed three years to permit such commodity option transactions. The Commission may authorize commodity option transactions during the pilot prograia in as many commodities as will provide an adequate test of the trading of such option transactions. After completion of the pilot program, the Commission may authorize commodity option transactions without regard to the restrictions in the pilot program after the Commission transmits to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry the documentation required under clause (1) of the first sentence of this subsection and the expiration of thirty calendar days of continuous session of Congress after the date of such transmittal."; and (4) amending subsection (d) by— (A) in clause (1), inserting ", other than a commodity specifically set forth in section 2(a) of this Act prior to enactment of the Commodity Futures Trading Commission Act of 1974," immediately after "physical commodity"; (B) in clause (2), inserting ", other than a commodity specifically set forth in section 2(a) of this Act prior to enactment of the Commodity Futures Trading Commission Act of 1974," immediately after "subsection (b) of this section"; and (C) inserting ", other than options on a commodity specifically set forth in section (2)(a) of this Act prior to enactment of the Commodity Futures Trading Commission Act of 1974," immediately after "The Commission may permit persons not domiciled in the United States to grant options under this subsection".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/940

 96 STAT. 2302

PUBLIC LAW 97-444—JAN. 11, 1983 INTRODUCING BROKER; REGISTRATION REQUIREMENT

SEC. 207. Section 4d of the Commodity Exchange Act (7 U.S.C. 6d) is amended by— (1) inserting in the introductory clause "or introducing broker" after "futures commission merchant"; (2) inserting in paragraph (1) "or introducing broker" after "futures commission merchant"; and (3) inserting in paragraph (2) "if a futures commission merchant," after "such person shall,". REGISTRATION PROCEDURE; TECHNICAL AMENDMENTS

Expiration date.

SEC. 208. Section 4f of the Commodity Exchange Act (7 U.S.C. 6f) is amended by— (1) amending subsection (1) to read as follows: "(1) Any person desiring to register as a futures commission merchant, introducing broker, or floor broker hereunder shall be registered upon application to the Commission. The application sh^l be made in such form and manner as prescribed by the Commission, giving such information and facts as the Commission may deem necessary concerning the business in which the applicant is or will be engaged, including in the case of an application of a futures commission merchant or an introducing broker, the names and addresses of the managers of all branch offices, and the names of such officers and partners, if a partnership, and of such officers, directors, and stockholders, if a corporation, as the Commission may direct. Such person, when registered hereunder, shall likewise continue to report and furnish to the Commission the above-mentioned information and such other information pertaining to such person's business as the Commission may require. Each registration shall expire on December 31 of the year for which issued or at such other time, not less than one year from the date of issuance, as the Commission may by rule, regulation, or order prescribe, and shall be renewed upon application therefor unless the registration has been suspended (and the period of such suspension has not expired) or revoked pursuant to the provisions of this Act."; and (2) inserting in subsection (2) "or as introducing broker" after "futures commission merchant". INTRODUCING BROKERS; REPORTS, BOOKS, AND RECORDS

SEC. 209. Section 4g of the Commodity Exchange Act (7 U.S.C. 6g) is amended by— (1) inserting in subsection (1) ", introducing broker," after "futures commission merchant"; and (2) inserting in subsection (3) ", introducing brokers," after "Floor brokers". MISREPRESENTATION OF STATUS; TECHNICAL AMENDMENTS

SEC. 210. Section 4h of the Commodity Exchange Act (7 U.S.C. 6h) is amended to read as follows: "SEC. 4h. It shall be unlawful for any person falsely to represent such person to be a member of a contract market or the representa-

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Page:United States Statutes at Large Volume 96 Part 2.djvu/941

 PUBLIC LAW 97-444—JAN. 11, 1983

96 STAT. 2303

tive or agent of such member, or to be a registrant under this Act or the representative or agent of any registrant, in soliciting or handling any order or contract for the purchase or sale of any commodity in interstate commerce or for future delivery, or falsely to represent in connection with the handling of any such order or contract that the same is to be or has been executed on, or by or through a member of, any contract market.". RECORDKEEPING CONFORMED TO CURRENT SYSTEM; LARGE TRADER REPORTS

SEC. 211. Section 4i of the Commodity Exchange Act (7 U.S.C. 6i) is amended to read as follows: "SEC. 4i. It shall be unlawful for any person to make any contract for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market— "(1) if such person shall directly or indirectly make such contracts with respect to any commodity or any future of such commodity during any one day in an amount equal to or in excess of such amount as shall be fixed from time to time by the Commission, and "(2) if such person shall directly or indirectly have or obtain a long or short position in any commodity or any future of such commodity equal to or in excess of such amount as shall be fixed from time to time by the Commission, unless such person files or causes to be filed with the properly designated officer of the Commission such reports regarding any transactions or positions described in clauses (1) and (2) hereof as the Commission may by rule or regulation require and unless, in accordance with rules and regulations of the Commission, such person shall keep books and records of all such transactions and positions and transactions and positions in any such commodity traded on or subject to the rules of any other board of trade, and of cash or spot transactions in, and inventories and purchase and sale commitments of such commodity. Such books and records shall show complete details concerning all such transactions, positions, inventories, and commitments, including the names and addresses of all persons having any interest therein, and shall be open at all times to inspection by any representative of the Commission or the Department of Justice. For the purposes of this section, the futures and cash or spot transactions and positions of any person shall include such transactions and positions of any persons directly or indirectly controlled by such person.". R E G I S T R A T I O N; A S S O C I A T E D P E R S O N STATUS

SEC. 212. Section 4k of the Commodity Exchange Act (7 U.S.C. 6k) is amended to read as follows: "SEC. 4k. (1) It shall be unlawful for any person to be associated with a futures commission merchant as a partner, officer, or employee, or to be associated with an introducing broker as a partner, officer, employee, or agent (or any person occupying a similar status or performing similar functions), in any capacity that involves (i) the solicitation or acceptance of customers' orders (other than in a clerical capacity) or (ii) the supervision of any person or persons so engaged, unless such person is registered with the Commission under this Act as an associated person of such futures

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Page:United States Statutes at Large Volume 96 Part 2.djvu/942

 96 STAT. 2304

PUBLIC LAW 97-444—JAN. 11, 1983

commission merchant or of such introducing broker and such registration shall not have expired, been suspended (and the period of suspension has not expired), or been revoked. It shall be unlawful for a futures commission merchant or introducing broker to permit such a person to become or remain associated with the futures commission merchant or introducing broker in any such capacity if such futures commission merchant or introducing broker knew or should have known that such person was not so registered or that such registration had expired, been suspended (and the period of suspension has not expired), or been revoked. Any individual who is registered as a floor broker, futures commission merchant, or introducing broker (and such registration is not suspended or revoked) need not also register under this subsection. "(2) It shall be unlawful for any person to be Eissociated with a commodity pool operator as a partner, officer, employee, consultant, or agent (or any person occupying a similar status or performing similar functions), in any capacity that involves (i) the solicitation of funds, securities, or property for a participation in a commodity pool or (ii) the supervision of any person or persons so engaged, unless such person is registered with the Commission under this Act as an associated person of such commodity pool operator and such registration shall not have expired, been suspended (and the period of suspension has not expired), or been revoked. It shall be unlawful for a commodity pool operator to permit such a person to become or remain associated with the commodity pool operator in any such capacity if the commodity pool operator knew or should have known that such person was not so registered or that such registration had expired, been suspended (and the period of suspension has not expired), or been revoked. Any individual who is registered as a floor broker, futures commission merchant, introducing broker, commodity pool operator, or as an associated person of another category of registrant under this section (and such registration is not suspended or revoked) need not also register under this subsection. The Commission may exempt any person or class of persons from having to register under this subsection by rule, regulation, or order. "(3) It shall be unlawful for any person to be associated with a commodity trading advisor as a partner, officer, employee, consultant, or agent (or any person occupying a similar status or performing similar functions), in any capacity which involves (i) the solicitation of a client's or prospective client's discretionary account or (ii) the supervision of any person or persons so engaged, unless such person is registered with the Commission under this Act as an associated person of such commodity trading advisor and such registration shall not have expired, been suspended (and the period of suspension has not expired), or been revoked. It shall be unlawful for a commodity trading advisor to permit such a person to become or remain associated with the commodity trading advisor in any such capacity if the commodity trading advisor knew or should have known that such person was not so registered or that such registration had expired, been suspended (and the period of suspension has not expired), or been revoked. Any individual who is registered as a floor broker, futures commission merchant, introducing broker, commodity trading advisor, or as an associated person of another category of registrant under this section (and such registration is not suspended or revoked) need not also register under this subsection. The Commission may exempt any person or class of persons

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Page:United States Statutes at Large Volume 96 Part 2.djvu/943

 PUBLIC LAW 97-444—JAN. 11, 1983

96 STAT. 2305

from having to register under this subsection by rule, regulation, or order. "(4) Any person desiring to be registered as an associated person of a futures commission merchant, of an introducing broker, of a commodity pool operator, or of a commodity trading advisor shall make application to the Commission in the form and manner prescribed by the Commission, giving such information and facts as the Commission may deem necessary concerning the applicant. Such person, when registered hereunder, shall likewise continue to report and furnish to the Commission such information as the Commission may require. Such registration shall expire at such time as the Commission may by rule, regulation, or order prescribe. "(5) It shall be unlawful for any registrant to permit a person to become or remain an associated person of such registrant, if the registrant knew or should have known of facts regarding such associated person that are set forth as statutory disqualifications in section 8a(2) of this Act, unless such registrant has notified the Post, p. 2310. Commission of such facts and the Commission has determined that such person should be registered or temporarily licensed.". CONFORMING AMENDMENT

SEC. 213. Section 4n of the Commodity Exchange Act (7 U.S.C. 6n) is amended by striking out subsections (5) and (6). EXTENSION OF ANTIFRAUD PROVISION

SEC. 214. Section 4o of the Commodity Exchange Act (7 U.S.C. 6o) is amended to read as follows: "SEC. 4o. (1) It shall be unlawful for a commodity trading advisor, 7 USC 6o. associated person of a commodity trading advisor, commodity pool operator, or associated person of a commodity pool operator by use of the mails or any means or instrumentality of interstate commerce, directly or indirectly— "(A) to employ any device, scheme, or artifice to defraud any client or participant or prospective client or participant; or "(B) to engage in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or participant or prospective client or participant. "(2) It shall be unlawful for any commoidity trading advisor, associated person of a commodity trading advisor, commodity pool operator, or associated person of a commodity pool operator registered under this Act to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved, or that such person's abilities or qualifications have in any respect been passed upon, by the United States or any agency or officer thereof. This section shall not be construed to prohibit a statement that a person is registered under this Act as a commodity trading advisor, associated person of a commodity trading advisor, commodity pool operator, or associated person of a commodity pool operator, if such statement is true in fact and if the effect of such registration is not misrepresented.". EXTENSION OF AUTHORITY REGARDING PROFICIENCY EXAMINATIONS

SEC. 215. Section 4p of the Commodity Exchange Act (7 U.S.C. 6p) is £unended by—

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Page:United States Statutes at Large Volume 96 Part 2.djvu/944

 96 STAT. 2306

PUBLIC LAW 97-444—JAN. 11, 1983 (1) striking out in the first sentence "futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers" and inserting in lieu thereof "persons required to be registered with the Commission"; (2) striking out in the second and third sentences "as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers,"; and (3) striking out in the last sentence "the customers of futures commission merchants and floor brokers" and inserting in lieu thereof "customers, clients, pool participants, or other members of the public with whom such individuals deal". CONTRACT MARKET RULES

SEC. 216. Section 5a of the Commodity Exchange Act (7 U.S.C. 7a) is amended by— (1) amending paragraph (8) to read as follows: "(8) enforce all bylaws, rules, regulations, and resolutions, made or issued by it or by the governing board thereof or any committee, that (i) have been approved by the Commission pursuemt to paragraph (12) of this section, (ii) have become effective under such paragraph, or (iii) must be enforced pursuant to any Commission rule, regulation, or order; and revoke and not enforce any bylaw, rule, regulation, or resolution, made, issued, or proposed by it or by the governing board thereof or any committee, that has been disapproved by the Commission;"; (2) amending paragraph (12) to read as follows: "(12) except as otherwise provided in this paragraph, submit to the Commission for its prior approval all bylaws, rules, regulations, and resolutions ('rules') made or issued by such contract market, or by the governing board thereof or any committee thereof, that relate to terms and conditions in contracts of sale to be executed on or subject to the rules of such contract market, as such terms and conditions are defined by the Commission by rule or regulation, except those rules relating to the setting of levels of margin. Each contract market shall submit to the Commission all other rules (except those relating to the setting of levels of margin and except those that the Commission may specify by regulation) and may make such rules effective ten days after receipt of such submission by the Commission unless, within the ten-day period, the contract market requests review and approval thereof by the (Dommission or the Commission notifies such contract market in writing of its determination to review such rules for approval. The determination to review such rules for approval shall not be delegable to any employee of the Commission. At least thirty days before approving any rules of major economic significance, as determined by the Commission, the Commission shall publish a notice of such rules in the Federal Register. The Commission shall give interested persons an opportunity to particpate in the approval process through the submission of written date, views, or arguments. The determination by the Commission whether any such rules are of major economic significance shall be final and not subject to judicial review. The Commission shall approve such rules if such rules are determined by the Commission not to be in violation of this Act or the regulations of the

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Page:United States Statutes at Large Volume 96 Part 2.djvu/945

 PUBLIC LAW 97-444—JAN. 11, 1983

96 STAT. 2307

Commission and the Commission shall disapprove, after appropriate notice and opportunity for hearing, any such rule which the Commission determines at any time to be in violation of the provisions of this Act or the regulations of the Commission. If the Commission institutes proceedings to determine whether a rule should be disapproved pursuant to this paragraph, it shall provide the contract market with written notice of the proposed grounds for disapproval, including the specific sections of this Act or the Commission's regulations which would be violated. At the conclusion of such proceedings, the Commission shall approve or disapprove such rule. Any disapproval shall specify the sections of this Act or the Commission's regulations which the Commission determines such rule has violated or, if effective, would violate. If the Commission does not approve or institute disapproval proceedings with respect to any rule within one hundred and eighty days after receipt or within such longer period as the contract market may agree to, or if the Commission does not conclude a disapproval proceeding with respect to any rule within one year after receipt or within such longer period as the contract market may agree to, such rule may be made effective by the contract market until such time as the Commission disapproves such rule in accordance with this paragraph. The Commission shall specify the terms and conditions under which a contract market may, in an emergency as defined by the Commission, make a rule effective on a temporary basis without prior Commission approval, or without compliance with the ten-day notice requirement under this paragraph, or during any period of review by the Commission. In the event of such an emergency, as defined by the Commission, requiring immediate action, the contract market by a two-. thirds vote of its governing board may immediately make effective a temporary rule dealing with such emergency if the contract market notifies the Commission of such action with a complete explanation of the emergency involved.". ARBITRATION

SEC. 217. (a) Section 5a(ll) of the Commodity Exchange Act (7 U.S.C. 7a(ll)) is amended to read as follows: "(11) provide a fair and equitable procedure through arbitration or otherwise (such as by delegation to a registered futures association having rules providing for such procedures) for the settlement of customers' claims and grievances against any member or employee thereof: Provided, That (i) the use of such procedure by a customer shall be voluntary and (ii) the term 'customer' as used in this paragraph shall not include another member of the contract market; and", (b) Section 17(b)(10) of the Commodity Exchange Act (7 U.S.C. 21(b)(10)) is amended to read as follows: "(10) the rules of the association provide a fair, equitable, and expeditious procedure through arbitration or otherwise for the settlement of customers' claims and grievances against any member or employee thereof: Provided, That (i) the use of such procedure by a customer shall be voluntary and (ii) the term 'customer' as used in this paragraph shall not include another member of the association.".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/946

 96 STAT. 2308

PUBLIC LAW 97-444—JAN. 11, 1983 CONTRACT MARKET DESIGNATION PROCEDURES

SEC. 218. Section 6 of the Commodity Exchange Act (7 U.S.C. 8) is amended by inserting immediately after the first sentence the following: "The Commission shall approve or deny an application for designation as a contract market within one year of the filing of the application. If the Commission notifies the board of trade that its application is materially incomplete and specifies the deficiencies in the application, the running of the one-year period shall be stayed from the time of such notification until the application is resubmitted in completed form: Provided, That the Commission shall have not less than sixty days to approve or deny the application from the time the application is resubmitted in completed form. If the Commission denies an application, it shall specify the grounds for the denial.". A P P E A L S; CONFORMING AMENDMENT

Ante, p. 2303.

SEC. 219. Section 6(b) of the Commodity Exchange Act (7 U.S.C. 9) is amended by— (1) striking out in the first and ninth sentences "as futures commission merchant or any person associated therewith as described in section 4k of this Act, commodity trading advisor, commodity pool operator, or as floor broker hereunder" and inserting in lieu thereof "with the Commission in any capacity"; and (2) inserting in the eleventh sentence after "doing business" the words ", or in the case of an order denying registration, the circuit in which the petitioner's principal place of business listed on petitioner's application for registration is located,". RESTRAINING ORDERS

SEC. 220. Section 6c of the Commodity Exchange Act (7 U.S.C. 13a-l) is amended by inserting in the proviso contained in the first sentence after "no restraining order" the following: "(other than a restraining order which prohibits any person from destroying, altering or disposing of, or refusing to permit authorized representatives of the Commission to inspect, when and as requested, any books and records or other documents or which prohibits any person from withdrawing, transferring, removing, dissipating, or disposing of any funds, assets, or other property)". STATE ANTIFRAUD JURISDICTION

SEC. 221. Section 6d of the Commodity Exchange Act (7 U.S.C. 13a-2) is amended by adding at the end thereof the following new subsection: "(8)(A) Nothing in this Act shall prohibit an authorized State official from proceeding in a State court against any person registered under this Act (other than a floor broker or registered futures association) for an alleged violation of any antifraud provision of this Act or any antifraud rule, regulation, or order issued pursuant to the Act. "(B) The State shall give the Commission prior written notice of its intent to proceed before instituting a proceeding in State court as described in this subsection and shall furnish the Commission with a copy of its complaint immediately upon instituting any such pro-

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