text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1155

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1113

dence that any motor common carrier of passengers established pursuant to this subsection a joint or single-line rate applicable to transportation over any route which is the same as or similar to a joint rate applicable to transportation over such route which such carrier together with one or more other motor common carriers of passengers established pursuant to this subsection shall not be in and of itself sufficient to establish a violation of any such antitrust law.". (c) Section 10708 of title 49, United States Code, is amended by adding at the end thereof the following new subsections: "(e) Notwithstanding any other provision of this title, 3 years after the effective date of this subsection, the Commission may not investigate, suspend, revise, or revoke any rate proposed by a motor common carrier of passengers on the grounds that such rate is unreasonable on the basis that it is too high or too low, unless the proposed rate is established collectively in accordance with the procedures of an agreement approved by the Commission under section 10706(b) of this title. In publishing and filing a tariff under 49 USC 10706. section 10762 of this title, the carrier shall disclose whether such 49 USC 10762. rate is the result of collective ratemaking procedures pursuant to an agreement approved by the Commission under section 10706(b) of this title. "(f) Notwithstanding any other provision of this title, an interested party may file a complaint under section 11701 of this title 49 USC 11701. challenging the reasonableness of a rate filed under this section by a motor carrier of passengers. Any such complaint proceeding shall be finally determined by the Commission no later than 90 days after the filing of the complaint,". RATES FOR SPECIAL AND CHARTER TRANSPORTATION

SEC. 12. (a) Section 10708 of title 49, United States Code, is amended by adding at the end thereof the following new subsection: "(g) Notwithstanding any other provision of this title, the Commission may not investigate, suspend, revise, or revoke any rate proposed by a motor common carrier of passengers applicable to special or charter transportation. Nothing in this subsection shall limit the Commission's authority to suspend and investigate proposed rates on the basis that such rates constitute predatory practices in contravention of the transportation policy set forth in section 10101(a) of Ante, p. 1103. this title.". (b) Section 10762(c)(3) of title 49, United States Code, is amended— (1) in the second sentence by inserting "and motor common carrier of passengers with respect to special or charter transportation" immediately after "a rail carrier"; and (2) by adding at the end thereof the following new sentence: "In the case of a motor common carrier of passengers, a proposed rate change resulting in an increased rate or a new rate applicable to special or charter transportation shall not become effective for 30 days after the notice is published, and a proposed rate change resulting in a reduced rate applicable to special or charter transportation shall not become effective for 10 days after the notice is published.".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1156

 96 STAT. 1114

PUBLIC LAW 97-261—SEPT. 20, 1982 MOTOR CONTRACT CARRIERS

Post, p. 1120.

SEC. 13. (a) Section 10923(b)(2) of title 49, United States Code, is amended to read as follows: "(2) The provisions of paragraph (2) of subsection (a) of this section shall not apply to applications under this section for authority to provide transportation as a motor contract carrier of psissengers. The requirement that persons issued permits under this section as motor contract carriers of passengers be fit, willing, and able means safety fitness and proof of minimum financial responsibility under section 18 of the Bus Regulatory Reform Act of 1982.". (b) Subsection (e) of section 10925 of title 49, United States Code, is amended— (1) by striking out "of property" each place it appears; (2) by striking out "section 10922(b)" each place it appears and inserting in lieu thereof "section 10922"; and (3) in paragraph (2)— (A) by striking out "transportation"; and (B) by striking out "of the same property" and inserting in lieu thereof "the same type of transportation". BROKERS

Bonds or insurance, requirements.

SEC. 14. (a) Subsection (a) of section 10924 of title 49, United States Code, is amended by striking out "passengers or". (b) Subsection (e) of section 10924 of title 49, United States Code, is amended by striking out "of travelers and". (c) Section 10924 of title 49, United States Code, is amended by adding at the end thereof the following new subsection: "(f) The Commission may impose on brokers for motor carriers of passengers such requirements for bonds or insurance or both as the Commission determines are needed to protect passengers and carriers dealing with such brokers.". (d) Section 10526(a) of title 49, United States Code, is amended— (1) by striking out "or" at the end of paragraph (12); (2) by striking out the period at the end of paragraph (13) and inserting in lieu thereof "; or"; and (3) by adding at the end thereof the following new paragraph: "(14) brokers for motor carriers of passengers, except as provided in section 10924(f) of this title.". TEMPORARY AND EMERGENCY TEMPORARY AUTHORITY

SEC. 15. Section 10928 of title 49, United States Code, is amended— (1) in subsection (a) by striking out "motor carrier of passengers or" each place it appears; (2) in subsection (b)(1) by striking out "of property" each place it appears; and (3) in subsection (c)(1) by striking out "of property" each place it appears and by inserting immediately after "not more than 90 days" the following: "and, in addition, in the case of a motor carrier of passengers, the Commission may extend such authority for a period of more than 90 days but not more than 180 days if no other motor carrier of passengers is providing transportation to the place or in the area".

�

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


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1157

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1115

EXIT POLICY

SEC. 16. (a) Subchapter II of chapter 109 of title 49, United States Code, is amended by adding at the end thereof the following new section: "§ 10935. Discontinuing bus transportation in one State "(a) When a motor common carrier of passengers having intrastate authority under the laws of a State, and interstate authority under a certificate issued under section 10922 of this subchapter, to provide transportation over any route to any point in such State has proposed to discontinue providing transportation over such route to such point or to reduce its level of service over such route to such point to a level which is less than one trip per day (excluding Saturdays and Sundays) and the carrier has requested the department, agency, or instrumentality of such State having jurisdiction over granting such discontinuance or reduction for permission to discontinue such intrastate transportation or to reduce its level of service to a level which is less than one trip per day (excluding Saturdays and Sundays) and the request has been denied (in whole or in part) or such department, agency, or instrumentality has not acted finally (in whole or in part) on the request by the 120th day after the carrier made the request, the carrier may petition the Commission for such permission. "(b) When a petition is filed under subsection (a) of this section, the carrier shall certify that he has notified (1) the Governor of the State in which such transportation is provided, (2) the State authority having jurisdiction over granting discontinuances of transportation by motor common carriers of passengers and reductions in levels of service by such carriers, ^3) local governments having jurisdiction over areas which would be affected if such petition is granted, and (4) such other interested persons as the Commission may specify by regulation. '\c) Any person (including a department, agency, or instrumentality of a State or local government) may object to the Commission to the granting of permission to any motor common carrier of passengers to discontinue or reduce transportation under this section. "(d) If no person objects under subsection (c) of this section to the granting of permission to discontinue or reduce transportation under this section within 20 days after the carrier files with the Commission the petition for such discontinuance or reduction, the Commission shall grant such permission at the end of such 20-day period. "(e)(l)(A) Subject to paragraph (3) of this subsection, if, within 20 days after a carrier files a petition for permission to discontinue providing intrastate transportation over any route to any point or to reduce its level of service over such route to such point to a level which is less than one trip per day (excluding Saturdays and Sundays), any person objects under subsection (c) of this section to the Commission to the granting of such permission, the Commission shall grant such permission unless the Commission finds, on the basis of evidence presented by the person objecting to the granting of such permission, that such discontinuance or reduction is not consistent with the public interest or that continuing the transportation, without the proposed discontinuance or reduction, will not constitute an unreasonable burden on interstate commerce.

49 USC 10935. 49 USC 10922.

Discontinuance of service, ° ^^^ ^ °'

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1158

 96 STAT. 1116

49 USC 10925. Petition for or^reductixTrT'^^

PUBLIC LAW 97-261—SEPT. 20, 1982

"(B) This paragraph shall apply to intrastate transportation of passengers which is being provided by a motor common carrier of passengers on a route over which such carrier was granted, on or before August 1, 1982, authority to provide interstate transportation of passengers. "(2)(A) Subject to paragraph (3) of this subsection, if, within 20 days after a carrier files a petition for permission to discontinue providing intrastate transportation over any route to any point or to reduce its level of service over such route to such point to a level which is less than one trip per day (excluding Saturdays and Sundays), any person objects under subsection (c) of this section to the Commission to the granting of such permission, the Commission shall grant such permission unless the Commission finds, on the basis of evidence presented by the person objecting to the granting of such permission, that continuing the transportation, without the proposed discontinuance or reduction, will not constitute an unreasonable burden on interstate commerce. For the purposes of this paragraph, continuance of the transportation would not constitute an unreasonable burden on interstate commerce only if discontinuance or reduction of such transportation is not consistent with the public interest and the interstate and intrastate revenues from such service under reasonable pricing practices are not less than the variable costs of providing the transportation proposed to be discontinued or reduced. "(B) This paragraph shall apply to intrastate transportation of passengers which is being provided by a motor common carrier of passengers on a route over which such carrier was granted after August 1, 1982, and before the effective date of this section, or is granted on or after such effective date, authority to provide interstate transportation of passengers. "(3) The Commission shall only grant permission to a carrier to discontinue intrastate transportation over any route to any point under this subsection if such carrier has applied for authority to discontinue its interstate transportation over such route to such point under section 10925(b) of this subchapter and the Commission has granted or will grant such authority. "(4) If any person objects under subsection (c) of this section to the granting of permission to discontinue or reduce transportation under this section within 20 days after the carrier files with the Commission the petition for such discontinuance or reduction, the carrier, within 15 days after the filing of such objection with the Commission, shall furnish to the Commission and to objecting persons— "(A) an estimate of the annual subsidy required, if any, to continue the service; "(B) traffic, revenue, and other data necessary to determine the amount of annual financial assistance, if any, which would be required to continue the service; and "(C) such other information as the Commission may require by regulation. The Commission shall take final action upon such petition not later than 90 days after the date the carrier files such petition. "(f) Before a discontinuance or reduction in level of service proposed in a petition filed by a carrier under subsection (a) of this section has become effective, the Commission may order the carrier to continue any part of the intrastate transportation in not to

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1159

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1117

exceed the 165-day period beginning on the date the carrier files such petition with the Commission. "(g)(1) In making a finding under subsection (e)(1) of this section, the Commission shall accord great weight to the extent to which interstate and intrastate revenues received for providing the transportation proposed to be discontinued or reduced are less than the variable costs of providing such transportation, including depreciation for revenue equipment. For purposes of the preceding sentence, the carrier filing a petition for permission to discontinue or reduce service shall have the burden of proving the amount of the interstate and intrastate revenues received for providing the transportation and the variable costs of providing the transportation. "(2) In mciking a finding under subsection (e)(1) or (e)(2) of this section, the Commission shall consider, to the extent applicable, at least— "(A) the national transportation policy of section 10101 of this title; "(B) whether the motor common carrier of passengers has received an offer of, or is receiving, financial assistance to provide the transportation to be discontinued or reduced from a financially responsible person (including a governmental authority); and "(C) in the case of a petition to discontinue transportation to any point, whether the transportation is the last motor carrier of passenger service to such point and whether a reasonable alternative to such service is available. "(h) No State or political subdivision thereof and no interstate agency or other agency of two or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to discontinuance or reduction in the level of intrastate service by a motor common carrier of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title corresponding to an interstate service initiated pursuant to the provisions of section 10922(c)(4) of this title, except to the extent that notice of discontinuance or reduction in service, not in excess of 30 days, may be required. "(i) This section shall not apply to any carrier owned or controlled by a State or local government.". Ob) The analysis for subchapter II of chapter 109 of title 49, United States Code, is amended by inserting "10935. Discontinuing bus transportation in one State."

after "10934. Household goods agents.".

(c) Section 10322(a) of title 49, United States Code, is amended by inserting "10935," after "10934(c),". DISCRIMINATORY STATE REGULATION OF RATES AND PRACTICES

SEC. 17. (a)(1) Section 11501 of title 49, United States Code, is amended by redesignating subsection (e), and any references thereto, as subsection (f) and by inserting after subsection (d) the following new subsection: "(e)(1) The Commission shall prescribe any rate, rule, or practice applicable to transportation provided entirely in one State by a motor common carrier of passengers providing transportation sub-

49 USC 10101.

49 USC 10521. Ante, p. 1103.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1160

 96 STAT. 1118 49 USC 10521.

Rebuttable presumption.

Application, ^^^^^s-

PUBLIC LAW 97-261—SEPT. 20, 1982

ject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title— "(A) if the carrier has requested the department, agency, or instrumentality of such State having jurisdiction over such rate, rule, or practice for permission to establish such rate, rule, or practice and the request has been denied (in whole or in part) or the State authority has not acted finally (in whole or in part) on the request by the 120th day after the carrier made the request; and "(B) if the Commission finds that the rate, rule, or practice in effect and applicable to such intrastate transportation causes unreasonable discrimination against or imposes an unreasonable burden on interstate or foreign commerce. "(2) For purposes of paragraph (1)(B) of this subsection, there shall ^e a rebuttable presumption that— "(A) any rate, rule, or practice applicable to transportation provided by a motor common carrier of passengers entirely in one State imposes an unreasonable burden on interstate commerce if the Commission finds— "(i) that such rate, rule, or practice results in the carrier charging a rate for such transportation which is lower than the rate such carrier charges for comparable interstate transportation of passengers; "(ii) on the basis of evidence presented by the carrier, that as a result of such rate, rule, or practice such carrier does not receive revenues from such transportation which exceed the variable costs of providing such transportation; or "(iii) that the department, agency, or instrumentality of such State having jurisdiction over such rate, rule, or practice failed to act finally (in whole or in part) on the request of the carrier to establish such rate, rule, or practice by the 120th day after the date the carrier made the request; and "(B) any rate applicable to transportation entirely in one State imposes an unreasonable burden on interstate commerce if the Commission finds that the most recent general rate increase applicable to transportation provided by motor common carriers of passengers in such State is less than the most recent general rate incresise applicable to interstate transportation provided by motor common carriers of passengers under this subtitle. "(3)(A) A motor common carrier of passengers must file an application with the Commission for prescription under this subsection of a rate, rule, or practice applicable to transportation provided entirely in one State by such carrier. When such application is filed with the Commission, the carrier shall certify that he has notified (i) the Governor of such State, (ii) the department, agency, or instrumentality of such State which denied, or failed to take action on, the request of such carrier related to such rate, rule, or practice, and (iii) such other interested persons as the Commission may specify by regulation. The Commission shall take final action on any such application not later than 60 days after such application is filed with the Commission. "(B) The Commission shall establish, by regulation, procedures for processing applications under this subsection. "(4) This subsection shall not apply to any carrier owned or controlled by a State or local government.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1161

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1119

"(5) No State or political subdivision thereof and no interstate agency or other political agency of two or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to scheduling of interstate or intrastate transportation provided by motor common carrier of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title on an authorized interstate route or relating to the implementation of any reduction in the rates for such transportation except to the extent that notice, not in excess of 30 days, of changes in schedules may be required. This paragraph shall not apply to intrastate commuter bus operations. "(6)(A) No motor common carrier of passengers providing transportation subject to the jurisdiction of the Commission may charge or collect a rate for intrastate service provided on an authorized interstate route which constitutes a predatory practice in contravention of the transportation policy set forth in section 10101(a) of this title. "(B) When the Commission decides, upon complaint by any person, that a reduction in a rate charged or collected by such a motor common carrier of passengers for intrastate service provided on an authorized interstate route constitutes a predatory practice in contravention of the transportation policy set forth in section 10101(a) of this title, the Commission shall prescribe the rate applicable to such service.". (2) Subsection (f) of section 11501 of title 49, United States Code, as redesignated by paragraph (1) of this subsection, is amended by inserting "(1)" immediately after "take action" and by inserting ", or (2) with respect to a rate, rule, or practice of a motor common carrier of passengers, in accordance with the procedures established by the Commission under subsection (e)(3)(B) of this section" immediately after "a full hearing". (b) Section 10322(a) of title 49, United States Code, is amended by inserting "or 11501(e)" immediately after "section 10934". (c) The Interstate Commerce Commission, in consultation with each national association representing State departments, agencies, and instrumentalities having jurisdiction over motor common carrier transportation of passengers, shall cooperate with each such department, agency, or instrumentality of a State for the purpose of establishing standards and procedures (including timing requirements) for rates, rules, and practices applicable to intrastate transportation provided by motor common carriers of passengers who provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of subtitle IV of title 49, United States Code, which are— (1) to the extent feasible, uniform among the States; and (2) consistent with the standards and procedures established by the Interstate Commerce Commission under such subtitle for regulation of interstate transportation provided by motor common carriers of passengers. (d) It is the sense of Congress that each State should revise its standards and procedures (including timing requirements) for rates, rules, and practices applicable to intrastate transportation provided by motor common carriers of passengers to conform such standards and procedures to the standards and procedures for rates, rules, and practices applicable to interstate transportation provided by motor carriers of passengers not later than 2 years after the effective date of this section.

49 USC 10521.

Ante, p. 1103.

49 USC 11501 note.

49 USC 10521.

State standards and procedures, revision. 49 USC 11501 note.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1162

 96 STAT. 1120 Report to Congress. 49 USC 11501 note.

PUBLIC LAW 97-261—SEPT. 20, 1982

(e) Not later than 30 months after the effective date of this section, the Interstate Commerce Commission shall report to the Congress on the results of its efforts to establish uniform standards and procedures applicable to motor common carrier of passengers rates, rules, and practices. FINANCIAL RESPONSIBILITY

Regulations. 49 USC 10927 note.

SEC. 18. (a) The Secretary of Transportation shall establish regulations to require minimal levels of financial responsibility sufficient to satisfy liability amounts to be determined by the Secretary covering public liability and property damage for the transportation of passengers for hire by motor vehicle in the United States from a place in a State to a place in another State, from a place in a State to another place in such State through a place outside of such State, and between a place in a State and a place outside of the United States. (b) The minimal level of financial responsibility established by the Secretary under subsection (a) of this section— (1) for any vehicle with a seating capacity of 16 passengers or more shall not be less than $5,000,000, except that the Secretary, by regulation, may reduce such amount (but not to an amount less than $2,500,000) for any class of such vehicles or operations for the 2-year period beginning on the effective date of the regulations issued under such subsection or any part of such period if the Secretary Hnds that such reduction will not adversely affect public safety and will prevent a serious disruption in transportation service; and (2) for any vehicle with a seating capacity of 15 passengers or less shall not be less than $1,500,000, except that the Secretary, by regulation, may reduce such amount (but not to an amount less than $750,000) for any class of such vehicles or operations for the 2-year period beginning on the effective date of the regulations issued under such subsection or any part of such period if the Secretary finds that such reduction will not adversely affect public safety and will prevent a serious disruption in transportation service. (c)(1) If, at the end of the one-year period beginning on the effective date of this section, the Secretary has not established regulations to require minimal levels of financial responsibility as required by subsection (a) of this section for any class of transportation of passengers, the levels of financial responsibility for such class of transportation shall be the $5,000,000 amount set forth in subsection (b)(1) of this section in the case of motor vehicles with a seating capacity of 16 passengers or more and the $1,500,000 amount set forth in subsection (b)(2) of this section in the case of motor vehicles having a seating capacity of 15 passengers or less, until such time as the Secretary, by regulation, changes such amount under this section. (2) Notwithstanding the provisions of subsection (b) of this section, the Secretary may only make reductions in the $5,000,000 and $1,500,000 amounts set forth in such subsection for the two-year period beginning on the 366th day following the effective date of this section or any part of such period. (d) Financial responsibility may be established under this section by any one or combination of the following methods acceptable to the Secretary: evidence of insurance, including high self-retention,

�


text:
Wikisource:Annotations/types

Annotation Types

What this is: This is working document to collaborate in creating a list of annotation "types". It arose from a Scriptorium discussion as part of the eventual process of creating a Vote in order to determine the status (existence) of annotations at Wikisource. This not a voting page or a place to discuss the pros and cons of annotations. It is a reference list of all the types of annotations currently (or possibly) on Wikisource. It is also partly a discovery process and the more annotation types we find the better. Please feel free to contribute.

Wikisource Links (WS)

 * Annotation name: WS-A
 * Description: Wikisource author links
 * Example: Charles Dickens was an English novelist.
 * Annotation name: WS-W
 * Description: Wikisource work links
 * Example: Hard Times was a novel by Charles Dickens.
 * Annotation name: WS-P
 * Description: Wikisource publisher links
 * Example: Penguin Press is an English publisher.
 * Annotation name: WS:PO
 * Description: Wikisource Portal links.
 * Example: "Jainism bears a striking resemblance to Buddhism in its monastic system"

Wikipedia Sister Sites (WM)

 * Annotation name: WM-W
 * Description: Wikipedia (Encyclopedia)
 * Example: Wikipedia
 * Annotation name: WM-B
 * Description: Wikibooks (Textbooks)
 * Example: Wikibooks
 * Annotation name: WM-D
 * Description: Wiktionary (Dictionary)
 * Example: Wiktionary
 * Annotation name: WM-N
 * Description: Wikinews (News)
 * Example: Wikinews
 * Annotation name: WM-S
 * Description: Wikispecies
 * Example: Wikispecies
 * Annotation name: WM-C
 * Description: Wikimedia Commons (multi-media)
 * Example: Wikicommons
 * Annotation name: WM-V
 * Description: Wikiversity (Courseware)
 * Example: Wikiversity
 * Annotation name: WM-Q
 * Description: Wikiquote (Quotes)
 * Example: Wikiquote

External links (EL)

 * Annotation name: EL-A
 * Description: Links to any external site not defined elsewhere
 * Example: Yahoo.com is a commercial web portal site.
 * Annotation name: EL-AF
 * Description: Links to certain add-free sites that compliment Wikimedia with open source resources
 * Example: Project Gutenberg, Internet Archive, maps

Footnotes

Note: Due to the unique nature of footnoted material, sources are desirable for most things. Sources could be in the footnote directly and/or referenced in the introduction material.

 * Annotation name: FN-R1
 * Description: Footnotes containing definition clarification
 * Example: "..keeping up a galling irregular fire"
 * Annotation name: FN-R2
 * Description: Footnotes containing factual background information
 * Example: "To Mistress —."
 * Annotation name: FN-R3
 * Description: Footnotes containing scholarly analysis
 * Example: "..such may be the result." This is a morality tale.
 * Annotation name: FN-R4
 * Description: Footnotes containing links/information suggesting further reading (perhaps merge with FN-R2)
 * Example: Le Monastier .. for a fuller description of this highland village see Stevenson's A Mountain Town in France.
 * Annotation name: FN-5
 * Descriptions: Footnotes containing revisions between different versions of a document.
 * Example: "for the world words I longed for, and all its their dazzling opportunities, were theirs, not mine."
 * Annotation name: FN-6
 * Description: Footnotes that correct misspellings/syntax
 * Example:

Other (O)

 * Annotation name: O-I
 * Description: Additional images and embedded files
 * Example: Narrative of a Voyage Round the World (volume 1)/Annotated/Chapter III
 * Annotation name: O-P
 * Description: Text with added pop-up messages on mouse-over
 * Example: SIC, tooltip
 * Annotation name: O-T
 * Description: Original translations
 * Example:
 * Annotation name: O-A
 * Description: AuxTOC; Additive TOC not appearing in scan
 * Example: A Witch Shall Be Born
 * Annotation name:O-L
 * Description: listen, media; audio supplement to a given work.
 * Example: The Velveteen Rabbit
 * Annotation name: O-IN
 * Description: Text introduction / Literary history
 * Example:
 * Annotation name: O-X
 * Description: External links / Further reading
 * Example:
 * Annotation name: O-W
 * Description: Wikipediaref excerpt in the header from a related wikipedia article.
 * Example: A specimen of the botany of New Holland

title: Wikisource:Annotations/types


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1163

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1121

guarantee, or surety bond. Any bond filed shall be issued by a bonding company authorized to do business in the United States. The Secretary shall establish, by regulation, methods and procedures to assure compliance with this section. (e)(1) Any person (except an employee who acts without knowledge) who is determined by the Secretary, after notice and opportunity for a hearing, to have knowingly violated this section or a regulation issued under this section shall be liable to the United States for a civil penalty of not more than $10,000 for each violation, and if any such violation is a continuing one, each day of violation constitutes a separate offense. The amount of any such penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. (2) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, prior to referral to the Attorney General, such civil penalty may be compromised by the Secretary. The amount of such penalty, when finally determined (or agreed upon in compromise), may be deducted from any sums owed by the United States to the person charged. All penalties collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts. (f) This section shall not apply— (1) to a motor vehicle transporting only school children and teachers to or from school; (2) to a motor vehicle providing taxicab service and having a seating capacity of less than 7 passengers and not operated on a regular route or between specified points; and (3) to a motor vehicle carrying less than 16 individuals in a single, daily round trip to commute to and from work. (g) For purposes of this section, the term— (1) "Secretary" means the Secretary of Transportation; and (2) "State" means a State of the United States and the District of Columbia. (h) Section 10927(a)(1) of title 49, United States Code, is amended by inserting immediately after "Motor Carrier Act of 1980" the following: ", in the case of a motor carrier of property, or section 18 of the Bus Regulatory Reform Act of 1982, in the case of a motor carrier of passengers".

Violation; penalty.

Definitions.

Ante, p. 1120.

SECURITIES

SEC. 19. (a) Section 11302 of title 49, United States Code, and the item relating to such section in the analysis for chapter 113 of such title, are repealed. (b) Section 11348 of title 49, United States Code, is amended by striking out "11302," each place it appears. (c) Section 11911(a) of title 49, United States Code, is amended by striking out "or of a person to which that section is made applicable by section 11302fa) of this title". (d) Section 3(a)(6) of the Securities Act of 1933 (15 U.S.C. 77c(a)(6)) is amended by striking out "Any security issued by a motor carrier

Repeal.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1164

 96 STAT. 1122

PUBLIC LAW 97-261—SEPT. 20, 1982

the issuance of which is subject to the provisions of section 214 of the Interstate Commerce Act, or any" and by inserting in lieu thereof "Any". TAX DISCRIMINATION

SEC. 20. (a) Section 11503a(a)(3) of title 49, United States Code, is amended by striking out "of property". (b) Section 11503a(c)(l) of title 49, United States Code, is amended by striking out "other commercial and industrial property" and inserting in lieu thereof "such other property". MERGER PROCEDURE

49 USC 10521.

49 USC 10101.

Notices.

SEC. 21. (a)(1) Section 11341(a) of title 49, United States Code, is amended by inserting "or exempted by" immediately after "approved by". (2) The third sentence of section 11341(a) of title 49, United States Code, is amended by inserting "approved or exempted" immediately after "participating in that". (b) Section 11343 of title 49, United States Code, is amended by adding at the end thereof the following new subsection: "(e)(1) Notwithstanding any provisions of this title, the Interstate Commerce Commission, in a matter related to a motor carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, may exempt a person, class of persons, transaction, or class of transactions from the merger, consolidation, and acquisition of control provisions of this subchapter if the Commission finds that— "(A) the application of such provisions is not necessary to carry out the transportation policy of section 10101 of this title; and "(B) either (i) the transaction is of limited scope, or (ii) the application of such provisions is not needed to protect shippers from the abuse of market power. "(2) At least 60 days before any transaction exempt under this subsection from the merger, consolidation, and acquisition of control provisions of this subchapter may take effect, each carrier intending to participate in such transaction shall file with the Commission a notice of its intention to participate in such transaction and shall give public notice of such intention. The Commission shall prescribe the information to be contained in such notices, including the nature and scope of the transaction. "(3) The Commission, on its own initiative or on complaint, may revoke an exemption granted under this subsection, to the extent it specifies, when it finds that application of the provisions of this section to the person, class of persons, or transportation is necessary to carry out the transportation policy of section 10101 of this title. "(4) If the Commission, on its own initiative, finds that employees of any carrier intending to participate in a transaction exempt under this subsection from the merger, consolidation, and acquisition of control provisions of this subchapter are or will be adversely affected by such transaction or if employees of such carrier adversely affected by such transaction file a complaint concerning such transaction with the Commission, the Commission shall revoke such exemption to the extent the Commission deems necessary to review and address the adverse effects on such employees.".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1165

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1123

(c) The heading of section 11345a of title 49, United States Code, is amended to read as follows: "§ 11345a. Consolidation, merger, and acquisition of control: motor carrier procedure". (d) Subsection (a) of such section is amended by striking out "of property". (e) The item relating to section 11345a in the analysis for subchapter III of chapter 113 of title 49, United States Code, is amended to read as follows: "11345a. Consolidation, merger, and acquisition of control: motor carrier procedure."

(f) Section 11344(b) of title 49, United States Code, is amended by redesignating paragraphs (1), (2), (3), (4), and (5) (and any references thereto) as subparagraphs (A), (B), (C), (D), and (E), respectively, by inserting "(1)" immediately before "In a proceeding", and by adding at the end thereof the following new paragraph: "(2) In a proceeding under this section which involves only carriers of passengers providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, the Commission shall consider at least the following: "(A) the effect of the proposed transaction on the adequacy of transportation to the public. "(B) the effect on the public interest of including, or failing to include, other rail carriers in the area involved in the proposed transaction. "(C) the total fixed charges that result from the proposed transaction. "(D) the interest of carrier employees affected by the proposed transaction.". (g) Section 11344(d) of title 49, United States Code, is amended by adding at the end thereof the following new sentence: "The provisions of this subsection do not apply to any proceeding under this section which involves only carriers of passengers providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title.".

49 USC 10521.

SAFETY ENFORCEMENT

SEC. 22. (a) Section 10925(d) of title 49, United States Code, is amended by redesignating paragraph (2) (and any references thereto) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: "(2) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, upon petition by the Secretary of Transportation, the Commission may suspend a certificate or permit of a motor carrier of passengers if the Commission finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property.". (b) Paragraph (3) of section 10925(d) of title 49, United States Code, as redesignated by subsection (a) of this section, is amended by inserting immediately before the period at the end thereof the following: "or, in the case of a suspension under paragraph (2) of this subsection, until the Commission revokes such suspension".

49 USC 10321. 5 USC 551.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1166

 96 STAT. 1124

PUBLIC LAW 97-261—SEPT. 20, 1982 ILLEGAL OPERATIONS

49 USC 10921.

SEC. 23. Section 11901(g) of title 49, United States Code, is amended by inserting immediately before the period at the end of the first sentence the following: "; except that, in the case of a person who does not have authority under this subtitle to provide transportation of passengers, or an officer, agent, or employee of such person, that does not comply with section 10921 of this title with respect to providing transportation of passengers, the amount of the civil penalty shall not be more than $1,000 for each violation and $500 for each additional day the violation continues". ADMINISTRATIVE ASSISTANCE

49 USC 10101.

Ante, pp. 1103, 1115, 1117.

SEC. 24. Section 10321(b) of title 49, United States Code, is amended— (1) by striking out "and" at the end of clause (2); (2) by striking out the period at the end of such section and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new clause: "(4) consistent with the transportation policy of section 10101 of this title, provide administrative assistance to small motor common carriers of passengers and local governments in preparing for proceedings under sections 10922(c)(2), 10935, and 11501(e) of this title.". STUDY OF CITIZEN BAND RADIOS ON BUSES

49 USC 11111 note.

49 USC 10521.

Report to Secretary and Congress. 49 USC 11111 note.

Rulemaking procedure.

49 USC mil note.

SEC. 25. (a) The Secretary of Transportation shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the use of citizen band radios on motor vehicles providing transportation of passengers subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of title 49, United States Code, by the operators of such vehicles. Such study shall determine, at a minimum, the following: (1) the effect on safety if such operators are authorized to use such radios; and (2) the effect on safety, health, and convenience of the passengers of such vehicles if such operators are authorized to use such radios. (b) The Secretary of Transportation shall request the National Academy of Sciences to submit to the Secretary and the Congress, within one year after entering into arrangements with the National Academy of Sciences for conducting the study under subsection (a) of this section, a report on the results of such study along with its recommendations concerning whether operators of motor vehicles providing transportation of passengers should be allowed to use citizen band radios. The Secretary shall furnish to such Academy, at its request, any information which such Academy deems necessary for the purpose of conducting such study. (c) Not later than 60 days after the National Academy of Sciences submits its report to the Secretary of Transportation under subsection (b) of this section, the Secretary of Transportation shall initiate a rulemaking proceeding to determine whether operators of motor vehicles providing transportation of passengers subject to the jurisdiction of the Interstate Commerce Commission under subchapter II

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1167

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1125

of chapter 105 of title 49, United States Code, should be allowed to 49 USC 10521. use citizen band radios in such vehicles. In making such determination, the Secretary of Transportation shall give substantial weight to the recommendations and conclusions of the National Academy of Sciences. Such rulemaking proceeding shall be completed not later than 120 days after such proceeding is commenced. If the Secretary issues a rule or regulation which recommends that operators of such vehicles be allowed to install temporarily and operate citizen band radios in such vehicles, the Secretary of Transportation shall issue regulations establishing guidelines for the use of such radios in such vehicles in order to ensure that the public safety is adequately protected. (d)(1) Subchapter I of chapter H I of title 49, United States Code, is amended by adding at the end thereof the following new section: "§11111. Use of citizen band radios on buses 49 USC m i l "(a)(1) A motor carrier of passengers providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall allow the operator of any motor vehicle 49 USC 10521. providing such transportation to temporarily install and operate a citizen band radio in such vehicle if the Secretary of Transportation issues a rule or regulation which recommends that operators of such vehicles be allowed to temporarily install and operate such radios in such vehicles. "(2) Citizen band radios installed and operated in motor vehicles providing transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be installed and operated in accordance with the guidelines established by the Secretary of Transportation under section 25(c) of the Bus Regulatory Reform Act of 1982. ^nt^, p. 1124. "(b) The Commission shall issue such regulations as it considers Regulations. necessary to carry out this section.". (2) The analysis for subchapter I of chapter 111 of title 49, United States Code, is amended by inserting "11111. Use of citizen band radios on buses."

after "11110. Household goods carrier operations.".

(e) Section 11702(a)(2) of title 49, United States Code, is amended by inserting "or 11111" after "11109". (f) This section shall not be construed to provide new spending authority within the meaning of section 401(c)(2)(A) of the Congressional Budget Act of 1974.

31 USC 1351.

BUS TERMINAL STUDY

SEC. 26. (a) The Secretary of Transportation and the Interstate Commerce Commission shall conduct a full investigation and study of the ownership, location, and adequacy of bus terminals and their capacity to provide passenger service in accordance with the transportation policy set forth in section 10101 of title 49, United States Code. A report on the results of such investigation and study, including legislative recommendations, shall be submitted to the President and Congress not later than December 31, 1983. (b) The report under this section shall include an analysis of at least the following:

Report to President and Congress.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1168

 96 STAT. 1126

PUBLIC LAW 97-261—SEPT. 20, 1982 (1) the pattern of ownership of bus terminals, including public and private ownership; (2) the desirability of terminals for more than one mode of transportation and their impact on urban development; (3) the desirability of governmental assistance in the construction of nonurban bus terminals. EMPLOYEE PROTECTION

Remployment " fuse 10935 note.

49 USC 10925. Ante, p. 1115.

SEC. 27. (a)(1) Each individual who is eligible for protection under ^^^^ section and whose employment is terminated by a motor common carrier of passengers (other than for cause) prior to the last day of the 10-year period beginning on the date of enactment of this Act shall have a right of priority reemployment, in his or her occupational specialty, by such carrier at such time as such carrier is hiring additional employees. (2) Any motor common carrier of passengers hiring additional employees shall have a duty to hire an individual eligible for protection under this section, in his or her occupational specialty, before hiring any other individual if such individual— (A) was terminated previously by such carrier; (B) has applied for a vacant position for which such carrier is accepting applications; and (C) at the time the application is filed, has notified such carrier that he or she is eligible for protection under this section. (b)(1) Each individual who is eligible for protection under this section and whose employment is terminated by a motor common carrier of psissengers (other than for cause) prior to the last day of the 10-year period beginning on the date of enactment of this Act shall have a right of consideration for employment, in his or her occupational specialty, by any other motor common carrier of passengers who is hiring additional employees. (2) Each motor common carrier of passengers who is hiring additional employees shall have a duty to consider for employment, in his or her occupational specialty, an individual who is eligible for protection under this section if such individual— (A) has applied for a vacant position for which such carrier is accepting applications; and (B) at the time the application is filed, has notified such carrier that he or she is eligible for protection under this section. (c) An individual (other than a member of a board of directors or an officer of a corporation) who was employed by a motor common carrier of passengers for the 2-year period ending on the date of enactment of this Act shall be eligible for protection under this section if, upon application of such individual, the Commission determines that the employment of such individual has been terminated by a motor common carrier of passengers having intrastate authority under the laws of a State, and interstate authority under a certificate issued under section l0922 of title 49, United States Code, to provide transportation over any route to any point in such State as a result of such carrier— (1) discontinuing (A) interstate service over such route under section 109250o) of such title, and (B) intrastate service over such route (i) under section 10935 of such title, or (ii) under the laws of such State;

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1169

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1127

(2) reducing (A) interstate service over such route under subtitle IV of such title, and (B) intrastate service over such route (i) under section 10935 of such title, or (ii) under the laws of such State; or (3) substantially reducing (A) interstate service over such route under subtitle IV of such title, and (B) intrastate service over such route (i) under section 11501(e) of such title, or (ii) under the laws of such State. In a proceeding to determine whether an individual is eligible for protection under this section, it shall be the obligation of the individual whose employment has been terminated by a motor common carrier of passengers to identify to the Commission the discontinuance or reduction which such individual alleges resulted in such termination and to specify the pertinent facts; and it shall be the obligation of any carrier contesting the eligibility of the individual for protection under this section to prove that the discontinuance or reduction was not a contributing factor causing such termination. (d) The Commission shall establish, maintain, and periodically publish a comprehensive list of jobs available with class I motor carriers of passengers. Such list shall include that information and detail, such as job descriptions and required skills, the Commission deems relevant and necessary. In addition to publishing the list, the Commission shall make every effort to assist individuals eligible for protection under this section in finding other available employment. The Commission may require each class I motor carrier of passengers to file with the Commission the reports, data, and other information necessary to fulfill the duties of the Commission under this subsection. (e) For the purposes of this section: (1) A motor common carrier of psissengers shall not be considered to be hiring additional employees when it recalls any of its own furloughed employees. (2) An individual who is furloughed by a motor common carrier of passengers and who still has a right of recall by such carrier shall not be considered to be terminated. (3) The term "Commission" means the Interstate Commerce Commission. (4) The term "motor common carrier of passengers" means a person who has authority under section 10922 of title 49, United States Code, to provide transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of such title. (5) The term "class I motor carrier of passengers" means a motor common carrier of passengers having annual gross revenues from motor common carrier of passengers operations in excess of $3,000,000. (f) Nothing in this section shall be construed to affect (1) an affirmative action plan or a hiring plan designed to eliminate discrimination, that is required by Federal or State statute, regulation, or Executive order, or by the order of a Federal court or agency, or (2) a permissible voluntary affirmative action plan. (g) This section shall not apply (1) to any carrier owned or controlled by a State or local government, and (2) to any periodic discontinuance of or reduction in motor carrier of passenger service which is seasonal in nature.

49 USC 10101. Ante, p. 1115,

Ante, p. 1117.

Job list, publication.

"Commission," "Motor common carrier of passengers." 49 USC 10521. "eiass I motor carrier of passengers."

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1170

 96 STAT. 1128 Rules and regulations.

Termination.

PUBLIC LAW 97-261—SEPT. 20, 1982

(h) The Commission shall issue such rules and regulations as are necessary to carry out this section. Initial rules and regulations shall be promulgated within 6 months after the effective date of this section. (i) The provisions of this section shall terminate on the last day of the 12-year period beginning on the effective date of this section. PUBLICATION OF COMMISSION ACTIONS

Notice of applications. 5 USC 553.

49 USC 1092210924, 10928.

SEC. 28. (a) Section 10322(b)(3) of title 49, United States Code, is amended by striking "in the Federal Register", (b) Section 10328(b) of title 49, United States Code, is amended— (1) by inserting "(1)" immediately after "(b)"; (2) by amending paragraph (1), as so redesignated, by striking out "that is, or is proposed to be, provided in a State" and by striking out all after "interested persons" and inserting in lieu thereof a period; and (3) by adding at the end thereof the following: "(2) The Commission may adopt, after a rulemaking proceeding in accordance with the provisions of section 553 of title 5, a special procedure for providing interested parties reasonable notice of applications to provide transportation as a motor or water common or contract carrier or freight forwarder, or to be a broker for transportation, under sections 10922, 10923, 10924, and 10928 of this title, or applications for removal of operating restrictions under section 10922 of this title. The special procedure may consist of printing and distributing to subscribers an independent publication to provide notice of such applications, if the Commission finds, as a result of its rulemaking proceedings, that such method of providing notice would not be unduly burdensome to the public". GENDER-NEUTRAL TERMINOLOGY

SEC. 29. (a) Section 10722(c)(4) of title 49, United States Code, is amended by striking out "newsboy" and inserting in lieu thereof "newspaper carrier". (b) Section 10722(d)(1)(B) of title 49, United States Code, is amended by striking out "widow" and inserting in lieu thereof "surviving spouse". (c) Section 10723(b)(1)(C) of title 49, United States Code, is amended to read as follows: "(C) an individual traveling on behalf of a nonprofit organization which provides recreational, housing or other services and benefits for the general welfare of employees of common carriers.". (d) Section 11504(c)(3) of title 49, United States Code, is amended by striking out "seaman" and inserting in lieu thereof "sailor". (e) Section 11905 of title 49, United States Code, is amended by striking out "linemen" and inserting in lieu thereof "line maintainers". EXEMPT MOTOR CARRIER TRANSPORTATION

SEC. 30. Section 10525 of title 49, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); and

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1171

 PUBLIC LAW 97-261—SEPT. 20, 1982

96 STAT. 1129

(2) by inserting after subsection (d) the following new subsection: "(e) Notwithstanding the provisions of this section, the Commission has no jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from the jurisdiction of the Commission under th^ subsection and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt from the jurisdiction of the Commission under section 10523 of this title.".

49 USC 10523. EFFECTIVE DATE

SEC. 31. (a) Except as provided in subsections (b) and (c) of this section, this Act shall take effect on the 60th day after the date of enactment of this Act. (b) The amendment made by section 10(e)(4) of this Act shall take effect on October 1, 1982. (c) The provisions of sections 6(g) and 30 of this Act shall take effect on the date of enactment of this Act. Approved September 20, 1982.

LEGISLATIVE HISTORY—H.R. 3663: HOUSE REPORTS: No. 97-334 (Comm. on Public Works and Transportation) and No. 97-780 (Comm. of Conference). SENATE REPORT No. 97-411 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 127 (1981): Nov. 19, considered and passed House. Vol. 128 (1982): June 30, considered and passed Senate, amended. Aug. 19, House agreed to conference report. Aug. 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 18, No. 38 (1982): Sept. 20, Presidential statement.

49 USC loioi ^°^Ante, p. 1109. Ante, p. 1103, ^^28.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1172

 96 STAT. 1130

PUBLIC LAW 97-262—SEPT. 22, 1982

Public Law 97-262 97th Congress Joint Resolution Sept. 22, 1982 [S.J. Res. 250]

Railway labormanagement dispute, resolution 45 USC 151.

To provide for resolution of the single outstanding issue in the current railway labor-management dispute, and for other purposes.

Whereas the labor dispute between the carriers represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees represented by the Brotherhood of Locomotive Engineers threatens essential transportation services of the Nation; Whereas it is essential to the national interest, including the national health and defense, that essential transportation services be maintained; Whereas all of the procedures for resolving such dispute provided for in the Railway Labor Act have been exhausted and the parties have resorted to self help; Whereas the Congress finds that emergency measures are essential to security and continuity of transportation services by such carriers; Whereas all of the other negotiations for a national agreement by the rail carriers and the representatives of other railroad employees have been successfully completed, including the negotiations of the carriers and the United Transportation Union that were resolved through the Report and Recommendations of Presidential Emergency Board Numbered 195; and Whereas the Recommendations of Presidential Emergency Board Numbered 194 for settlement of this dispute have led to agreement of the parties on all but a single issue, and the recommendation on that issue would preserve the employees' collective bargaining rights within the peaceful procedures of the Railway Labor Act: Now, therefore, in order to preserve the national interest in essential transportation services, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, consistent with the purposes of the Railway Labor Act to avoid any labor dispute that threatens substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service— (1) the parties to the dispute between the carriers represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees represented by the Brotherhood of Locomotive Engineers shall take all necessary steps to restore service, and the status quo of the parties shall return to that which was in effect prior to 12:01 antemeridian of September 19, 1982, which status shall remain in effect through June 30, 1984, and which status shall be subject to the provisions of paragraph (2) of this joint resolution; and (2) the Report and Recommendations of the Presidential Emergency Board Numbered 194, dated August 19, 1982 (includ-

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1173

 PUBLIC LAW 97-262—SEPT. 22, 1982

96 STAT. 1131

ing the recommendations regarding moratorium issues), shall be binding on the parties and shall have the same effect as though arrived at by agreement of the parties under the Railway Labor Act (45 U.S.C. 151 et seq.), and shall be effective for the period from April 1, 1981, through June 30, 1984: Provided, That nothing in this joint resolution shall prevent any mutual agreement by the parties to implement the terms and conditions established by this joint resolution. SEC. 2. This resolution shall take effect immediately upon enact- Effective date. ment. Approved September 22, 1982.

LEGISLATIVE HISTORY—S. J. Res. 250 (H. J. Res. 600): HOUSE REPORT No. 97-853 accompanying H. J. Res. 600 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 21, considered and passed Senate. Sept. 22, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 38 (1982): Sept. 22, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1174

 96 STAT. 1132

PUBLIC LAW 97-263—SEPT. 24, 1982

Public Law 97-268 97th Congress

An Act Sept. 24, 1982 [H.R. 1710] Law Revision Counsel of the House of Representatives. Use of frank for official mail; authorization.

To authorize the use of the frank for official mail sent by the Law Revision Counsel of the House of Representatives.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 39, United States Code, is amended— (1) by inserting "the Law Revision Counsel of the House of Representatives," immediately before "and the Senate Legal Counsel" in section 3210(b)(1); (2) by inserting "the Law Revision Counsel of the House of Representatives," immediately before "or the Senate Legal Counsel" in section 3210(b)(2); (3) by inserting "the Law Revision Counsel of the House of Representatives," immediately before "and the Senate Legal Counsel" in section 3216(a)(l)(A); and (4) by inserting "the Law Revision Counsel of the House of Representatives," immediately before "or the Senate Legal Counsel" in section 3219. Approved September 24, 1982.

LEGISLATIVE HISTORY—H.R. 1710: HOUSE REPORT No. 97-314 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD: Vol. 127 (1981): Nov. 16, considered and passed House. Vol. 128 (1982): Sept. 14, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1175

 PUBLIC LAW 97-264—SEPT. 24, 1982

96 STAT. 1133

Public Law 97-264 97th Congress

An Act To amend the Act to establish a Permanent Committee for the Oliver Wendell Holmes Devise, and for other purposes.

Sept. 24, 1982 [S. 2582]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a)(1) the first Permanent section of the Act entitled "An Act to establish a Permanent Com- Committee for the Oliver mittee for the Oliver Wendell Holmes Devise, and for other pur- Wendell Holmess poses", approved August 5, 1955 (69 Stat. 533), is amended in the Devise, fund. second sentence thereof by striking out "(3)" and all that follows up Interest rate adjustment. to (but not including) the period, and inserting in lieu of the matter stricken the following: "(3) amounts equal to the interest earned on moneys in the fund which are invested in public debt securities pursuant to the succeeding sentence". (2) The first section of such Act is further amended by adding at the end thereof the following new sentence: "Moneys in the fund shall be invested by the Secretary of the Treasury in public debt securities in accordance with specifications, as to maturity of security and amount to be invested, prescribed by the Permanent Committee for the Oliver Wendell Holmes Devise.". (b) Section 5 of such Act is amended by inserting immediately 69 Stat. 534. after the first sentence thereof the following new Sentence: "The Committee is further authorized to receive royalties or other income that is generated by the sale of its publications or which otherwise becomes payable to the fund.". SEC. 2. The amendments made by subsection (a) of the first section Effective date. of this Act shall be effective in the case of fiscal years beginning after September 30, 1982. Approved September 24, 1982.

LEGISLATIVE HISTORY—S. 2582: HOUSE REPORT No. 97-752 (Coram, on House Administration). SENATE REPORT No. 97-431 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 128 (1982): June 9, considered and passed Senate. Sept. 13, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1176

 96 STAT. 1134

PUBLIC LAW 97-265—SEPT. 24, 1982

Public Law 97-265 97th Congress Joint Resolution Sept. 24, 1982 [S.J. Res. 186]

National wlek

"^

Xo authorize and request the President to designate the week of September 19 through 25, 1982, as "National Cystic Fibrosis Week".

Whereas cystic fibrosis is the number one genetic killer of children in America, and between twenty thousand and forty thousand children and young adults in this country have cystic fibrosis; and Whereas public knowledge about cystic fibrosis contributes to early detection and treatment of the disease and to improved understanding about the symptoms of cystic fibrosis; and Whereas increased national awareness of cystic fibrosis and of the young people whose lives are affected by the disease stimulates public concern and increased attention to research seeking control and cure: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of Septemb®r 19 through 25, 1982, is designated as "National Cystic Fibrosis Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities. Approved September 24, 1982.

LEGISLATIVE HISTORY—S.J. Res. 186: CONGRESSIONAL RECORD, Vol. 128 (1982): Apr. 20, considered and passed Senate. Sept. 21, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1177

 PUBLIC LAW 97-266—SEPT. 24, 1982

96 STAT. 1135

Public Law 97-266 97th Congress Joint Resolution To designate September 1982 as "National Sewing Month".

Sept. 24, 1982 [S.J. Res. 205]

Whereas the American Home Sewing Association is sponsoring a first industrywide promotion effort to increase consumer sewing education and family sewing participation; and Whereas over fifty million consumers sew at home and over forty million citizens sew at least part of their wardrobe; and Whereas the home sewing industry generates over $3,500,000,000 in sales annually for the United States economy; and Whereas unnumbered careers in fashion, retail merchandising, fashion design, interior design, patternmaking, and textile design and parts of the garment industry have had their genesis in a seventh or eighth grade home economics sewing class: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of Septem- National Sewing ber 1982 is designated "National Sewing Month", and the President ^°"*^is requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved September 24, 1982.

LEGISLATIVE HISTORY—S.J. Res. 205: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 14, considered and passed Senate. Sept. 21, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1178

 96 STAT. 1136

PUBLIC LAW 97-267—SEPT. 27, 1982

Public Law 97-267 97th Congress An Act Sept. 27, 1982 [S. 923]

To amend chapter 207 of title 18, United States Code, relating to pretrial services.

Pretrial Services Act of 1982. 18 USC 3141 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Pretrial Services Act of 1982". SEC. 2. Section 3152 of title 18, United States Code, is amended to read as follows:

18 USC 3654.

Position requirements and compensation rate.

"§ 3152. Establishment of pretrial services "(a) On and after the date of the enactment of the Pretrial Services Act of 1982, the Director of the Administrative Office of the United States Courts (hereinafter in this chapter referred to as the 'Director') shall, under the supervision and direction of the Judicial Conference of the United States, provide directly, or by contract or otherwise (to such extent and in such amounts as are provided in appropriation Acts), for the establishment of pretrial services in each judicial district (other than the District of Columbia). Pretrial services established under this section shall be supervised by a chief probation officer appointed under section 3654 of this title or by a chief pretrial services officer selected under subsection (c) of this section. "(b) Beginning eighteen months after the date of the enactment of the Pretrial Services Act of 1982, if an appropriate United States district court and the circuit judicial council jointly recommend the establishment under this subsection of pretrial services in a particular district, pretrial services shall be established under the general authority of the Administrative Office of the United States Courts. "(c) The pretrial services established under subsection (b) of this section shall be supervised by a chief pretrial services officer selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate of the district or their designees. The chief pretrial services officer appointed under this subsection shall be an individual other than one serving under authority of section 3654 of this title.". SEC 3. Section 3153 of title 18, United States Code, is amended to read as follows: "§ 3153. Organization and administration of pretrial services "(a)(1) With the approval of the district court, the chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title shall appoint such other personnel as may be required. The position requirements and rate of compensation of the chief pretrial services officer and such other personnel shall be established by the Director with the approval of the Judicial Conference of the United States, except that no such rate of compensation shall exceed the rate of basic pay in effect and then payable for grade GS-16 of the General Schedule under section 5332 of title 5, United States Code.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1179

 PUBLIC LAW 97-267—SEPT. 27, 1982

96 STAT. 1137

"(2) The chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title is authorized, subject to the general policy established by the Director and the approval of the district court, to procure temporary and intermittent services to the extent authorized by section 3109 of title 5, United States Code. The staff, other than clerical staff, may be drawn from law school students, graduate students, or such other available personnel, "(b) The chief probation officer in all districts in which pretrial services are established under section 3152(a) of this title shall designate personnel appointed under chapter 231 of this title to perform pretrial services under this chapter. "(c)(1) Except as provided in paragraph (2) of this subsection. information obtained in the course of performing pretrial services functions in relation to a particular accused shall be used only for the purposes of a bail determination and shall otherwise be confidential. Each pretrial services report shall be made available to the attorney for the accused and the attorney for the Government. "(2) The Director shall issue regulations establishing the policy for release of information made confidential by paragraph (1) of this subsection. Such regulations shall provide exceptions to the confidentiality requirements under paragraph (1) of this subsection to allow access to such information— "(A) by qualified persons for purposes of research related to the administration of criminal justice; "(B) by persons under contract under section 3154(4) of this title; "(C) by probation officers for the purpose of compiling presentence reports; "(D) insofar as such information is a pretrial diversion report, to the attorney for the accused and the attorney for the Government; and "(E) in certain limited cases, to law enforcement agencies for law enforcement purposes. "(3) Information made confidential under paragraph (1) of this subsection is not admissible on the issue of guilt in a criminal judicial proceeding unless such proceeding is a prosecution for a crime committed in the course of obtaining pretrial release or a prosecution for failure to appear for the criminal judicial proceeding with respect to which pretrial services were provided.". SEC. 4, Section 3154 of title 18, United States Code, is amended to read as follows:

18 USC 3651 ^^ *^9Information confidentiality,

Regulations,

"§ 3154. Functions and powers relating to pretrial services "Pretrial services functions shall include the following: "(1) Collect, verify, and report to the judicial officer, prior to the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, including information relating to any danger that the release of such person may pose to any other person or the community, and recommend appropriate release conditions for such individual. "(2) Review and modify the reports and recommendations specified in paragraph (1) of this section for persons seeking release pursuant to section 3146(e) or section 3147 of this 18 USC 3146, chapter. ^l^'^"(3) Supervise persons released into its custody under this chapter.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1180

 96 STAT. 1138

18 USC app.

Report to congressional 28 USC 604

PUBLIC LAW 97-267—SEPT. 27, 1982

"(4) Operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter including residential halfway houses, addict and alcoholic treatment centers, and counseling services. "(5) Inform the court and the United States attorney of all apparent violations of pretrial release conditions, arrests of persons released to the custody of providers of pretrial services or under the supervision of providers of pretrial services, and any danger that any such person may come to pose to any other person or the community, and recommend appropriate modifications of release conditions. "(6) Serve as coordinator for other local agencies which serve or are eligible to serve as custodians under this chapter and advise the court as to the eligibility, availability, and capacity of such agencies. "(7) Assist persons released under this chapter in securing any necessary employment, medical, legal, or social services. "(8) Prepare, in cooperation with the United States marshal and the United States attorney such pretrail detention reports as are required by the provisions of the Federal Rules of Criminal Procedure relating to the supervision of detention pending trial. "(9) Develop and implement a system to monitor and evaluate bail activities, provide information to judicial officers on the results of bail decisions, and prepare periodic reports to assist in the improvement of the bail process. "(10) To the extent provided for in an agreement between a chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title, or the chief probation officer in all other districts, and the United States attorney, collect, verify, and prepare reports for the United States attorney's office of information pertaining to the pretrial diversion of any individual who is or may be charged with an offense, and perform such other duties as may be required under any such agreement. "(11) Make contracts, to such extent and in such amounts as are provided in appropriation Acts, for the carrying out of any pretrial services functions. "(12) Perform such other functions as specified under this chapter.". SEC. 5. Section 3155 of title 18, United States Code, is amended to read as follows: "§ 3155. Annual reports "Each chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title, and each chief probation officer in all other districts, shall prepare an annual report to the chief judge of the district court and the Director concerning the administration and operation of pretrial services. The Director shall be required to include in the Director's annual report to the Judicial Conference under section 604 of title 28 a report on the administration and operation of the pretrial services for the previous year.". SEC. 6. The table of sections for chapter 207 of title 18, United States Code, is amended by striking out the item relating to section 3152 and all that follows through the item relating to section 3155 and inserting in lieu thereof the following:

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1181

 PUBLIC LAW 97-267—SEPT. 27, 1982 "3152. "3153. "3154. "3155.

96 STAT. 1139

Establishment of pretrial services. Organization and administration of pretrial services. Functions and powers relating to pretrial services. Annual reports.".

SEC. 7. Section 604(a) of title 28, United States Code, is amended by(1) striking out "agencies" in paragraph (9); (2) striking out "for pretrial services agencies" and inserting in lieu thereof "providing pretrial services" in paragraph (10); (3) by striking out "pretrial service agencies" in paragraph (11) and inserting "offices providing pretrial services" in lieu thereof; and (4) by striking out "pretrial services agencies" in paragraph (12) and inserting "offices providing pretrial services" in lieu thereof. SEC. 8. During the period beginning on the date of enactment of this Act and ending eighteen months after the date of the enactment of this Act, the pretrial services agencies established under section 3152 of title 18 of the United States Code in effect before the date of enactment of this Act may continue to operate, employ staff, provide pretrial services, and perform such functions and powers as are authorized under chapter 207 of title 18 of the United States Code. SEC. 9. (a) There are authorized to be appropriated, for the fiscal year ending September 30, 1984, and each succeeding fiscal year thereafter, such sums as may be necessary to carry out the functions and powers of pretrial services established under section 3152(b) of title 18, United States Code. 0)) There are authorized to be appropriated for the fiscal year ending September 30, 1983, and the fiscal year ending September 30, 1984, such sums as may be necessary to carry out the functions and powers of the pretrial services agencies established under section 3152 of title 18 of the United States Code in effect before the date of enactment of this Act. Approved September 27, 1982.

LEGISLATIVE HISTORY—S. 923 (H.R. 3481): HOUSE REPORTS: No. 97-56 accompanying H.R. 3481 (Comm. on the Judiciary) and No. 97-792 (Comm. of Conference). SENATE REPORT No. 97-77 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 127 (1981): June 18, considered and passed Senate. Vol. 128 (1982): May 11, H.R. 3481 considered and passed House; proceedings vacated and S. 923, amended, passed in lieu. Aug. 20, Senate agreed to conference report. Sept. 15, House agreed to conference report.

18 USC 3152 ^°*Ante, p. 1136. 18 USC 3141 ^tseq. Appropriation ig uscTlsT note,

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1182

 96 STAT. 1140

PUBLIC LAW 97-268—SEPT. 27, 1982

Public Law 97-268 97th Congress An Act Sept. 27, 1982 [H.R. 3620]

Transferring certain Federal properly to the city of Hoboken, New Jersey.

Be it enacted by the Senate and House of Representatives of the City of Hoboken, United States of America in Congress assembled, That the General N.J.; transfer of Services Administration shall, for and on behalf of the United certain Federal States, transfer for the fair market value as determined by the property. General Services Administration under the guidelines set forth in this Act, at a price to be negotiated, as is and without warranty of any kind, to the city of Hoboken, New Jersey, the right, title, and interest of the United States in the real property described in schedule A appended to a proclamation of the President of the United States, dated December 3, 1918, except that the following property may not be transferred under this section— (a) the property transferred to the Department of the Treas45 Stat. 1652. ury by the Second Deficiency Act, fiscal year 1929, (b) the property excluded by the second paragraph of section 1 of the Act of April 19, 1930 (46 Stat. 220), and (c) the property beginning at a point in the easterly line of River Street, distant 10 feet southerly from the intersection formed by the northerly line of Second Street extended with the easterly line of River Street, running thence; north 13 degrees 04 minutes east and along the easterly line of River Street a distance of 250.20 feet to a point, thence south 76 degrees 56 minutes east a distance of 108 feet to a point, thence south 13 degrees 04 minutes west and parsdlel to River Street a distance of 154.62 feet to a point of curvature, thence on a curve to the right having a radius of 256 feet and an arc distance of 97.95 feet to a point, thence north 76 degrees 56 minutes west and parallel to the second course a distance of 89.49 feet to a point in the easterly line of River Street, said point being the point or place of beginning. Said parcel lying in city block 231 and being a part of lot 3 as shown on the official assessment map of the city of Hoboken, Hudson County, New Jersey; concurrent with a transfer of title to said real property, the city of Hoboken, New Jersey shall agree to assume sole responsibility with respect to said property and to indemnify and hold harmless the United States against any obligation, past, present, or future, with respect to said property. Fair market SEC. 2. In making its determination of fair market value, the value General Services Administration shall recognize that the fair determination. market value of the property is determined by the market in which it shall be sold, with the city of Hoboken being the only potential purchaser. The General Services Administration shall make every effort to expedite the sale and transfer of the property to the city of Hoboken, recognizing the hardship which would result in any undue delay in lengthy negotiations. The General Services Administration shall give full consideration to the right of the Federal Government to be compensated for the property while considering the city of

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1183

 PUBLIC LAW 97-268—SEPT. 27, 1982

96 STAT. 1141

Hoboken's ability to pay for the property. Furthermore, the General Services Administration shall give consideration and recognition to whatever funds and costs the Federal Government has invested in the property. The General Services Administration shall also give consideration to the fact that the city of Hoboken has been deprived of tax revenue from the property since its acquisition by the United States, in 1917, but has been required, despite its loss of tax revenue, to provide municipal services to the property. SEC. 3. The Act of April 19, 1930 (46 Stat. 219), and the Act of June Repeals. 21, 1938 (52 Stat. 833), are repealed. Approved September 27, 1982.

LEGISLATIVE HISTORY—H.R. 3620: HOUSE REPORT No. 97-421 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 97-521 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 16, 18, considered and passed House. Aug. 19, considered and passed Senate, amended. Sept. 14, House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1184

 96 STAT. 1142

PUBLIC LAW 97-269—SEPT. 27, 1982

Public Law 97-269 97th Congress An Act Sept. 27, 1982 [H.R. 6068]

Intelligence and intelligencerelated activities, appropriations authorization. Intelligence Authorization Act for Fiscal Year 1983.

To authorize appropriations for fiscal year 1983 for intelligence and intelligencerelated activities of the United States Government, for the Intelligence Community Staff, for the Central Intelligence Agency Retirement and Disability System, to authorize supplemental appropriations for fiscal year 1982 for the intelligence and intelligence-related activities of the United States Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That titles I, II, III, IV, V, and VII may be cited as the "IntelUgence Authorization Act for Fiscal Year 1983". TITLE I—INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS

SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1983 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OF AUTHORIZATIONS

Availability to congressional committees and President. Distribution.

SEC. 102. The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1983, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the Committee of Conference to accompany H.R. 6068 of the Ninety-seventh Congress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the schedule, within the executive branch.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1185

 PUBLIC LAW 97-269—SEPT. 27, 1982

96 STAT. 1143

CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF PROGRAM AUTHORIZATIONS

S E C 103. During fiscal year 1983, funds may not be made available for any activity for which funds are authorized to be appropriated by this Act unless such funds have been specifically authorized for such activity or, in the case of funds appropriated for a different activity, unless the Director of Central Intelligence or the Secretary of Defense has notified the appropriate committees of Congress of the intent to make such funds available for such activity. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION

SEC 104. In addition to the amounts authorized to be appropriated under section 101(9), there is authorized to be appropriated for fiscal year 1983 the sum of $12,125,000 for the conduct of the activities of the Federal Bureau of Investigation to counter terrorism in the United States. TITLE II—INTELLIGENCE COMMUNITY STAFF AUTHORIZATION OF APPROPRIATIONS

S E C 201. There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1983 the sum of $15,400,000. AUTHORIZATION OF PERSONNEL END-STRENGTH

S E C 202. (a) The Intelligence Community Staff is authorized two hundred and ten full-time personnel as of September 30, 1983. Such personnel of the Intelligence Community Staff may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the Unted States Government. (b) During fiscal year 1983, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence-related activities. (c) During fiscal year 1983, any officer or employee of the United Personnel detail. States or a member of the Armed Forces who is detailed to the Intelligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY

SEC 203. During fiscal year 1983, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-403n) in the 95 Stat. 1153. same manner as activities and personnel of the Central Intelligence ^^^^' P- li^"*Agency.

97-200 O—84—pt. 1

38: QL3

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1186

 96 STAT. 1144

PUBLIC LAW 97-269—SEPT. 27, 1982 TITLE III CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM AUTHORIZATION OF APPROPRIATIONS

SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1983 the sum of $91,300,000. TITLE IV—SUPPLEMENTAL AUTHORIZATION FOR FISCAL YEAR 1982 AUTHORIZATION OF APPROPRIATIONS

SEC. 401. In addition to the funds authorized to be appropriated under title I of the Intelligence Authorization Act for Fiscal Year 1982 (Public Law 97-89; 95 Stat. 1150), funds are hereby authorized to be appropriated for fiscal year 1982 for the conduct of the intelligence and intelligence-related activities of the United States Government. The amounts authorized to be appropriated under the preceding sentence are those specified for that purpose in the classified Schedule of Authorizations described in section 102. CEIUNG ON THE EMPLOYMENT OF CIVIUAN PERSONNEL BY THE CENTRAL INTELLIGENCE AGENCY

Report to ^nll^X^r committees.

SEC. 402. Section 102 of the Intelligence Authorization Act for Fiscal Year 1982 (95 Stat. 1150) is amended— (1) by striking out in the first sentence "The" and inserting in lieu thereof "(a) Except as provided in subsection (b), the"; and (2) by adding at the end thereof the following: "(b) The Director of Central Intelligence may authorize the employment of civilian personnel by the Central Intelligence Agency in excess of the number authorized by subsection (a) when he determines that such action is necessary to the performance of important intelligence functions, except that such additional number may not exceed two percent of the total number authorized for the Central Intelligence Agency by such subsection. "(c) The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate of any authorization to increase civilian personnel of the the Central Intelligence Agency under subsection (b).". TITLE V—PROVISIONS RELATED TO INTELLIGENCE AGENCIES UNAUTHORIZED USE OF DEFENSE INTELLIGENCE AGENCY NAME, INITIALS, OR SEAL

SEC. 501. (a) Title 10, United States Code, is amended by inserting after chapter 7 the following new chapter:

"CHAPTER 8—DEFENSE AGENCIES "Sec. "191. Unauthorized use of Defense Intelligence Agency name, initials, or seal.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1187

 PUBLIC LAW 97-269—SEPT. 27, 1982

96 STAT. 1145

"§ 191. Unauthorized use of Defense Intelligence Agency name, initials, or seal "(a) No person may, except with the written permission of the Secretary of Defense, knowingly use the words 'Defense Intelligence Agency', the initials 'DIA', the seal of the Defense Intelligence Agency, or any colorable imitation of such words, initials or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use in approved, endorsed, or authorized by the Secretary of Defense. "(b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.". (b) The tables of chapters at the beginning of subtitle A, and at the beginning of part I of subtitle A, of title 10, United States Code, are amended by inserting after the item relating to chapter 7 the following new item: "8. Defense Agencies

10 USC 191.

191".

AUTOMATIC DATA PROCESSING EQUIPMENT OR SERVICES

SEC. 502. (a) Section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c) is amended by adding at the end thereof the following new subsection: "(e) Notwithstanding subsection (e) of section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(e)), the provisions of section 111 of such Act relating to the procurement of automatic data processing equipment or services shall not apply with respect to such procurement by the Central Intelligence Agency.". (b) Subsection (e) of section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(e)), as added by subsection (a) of this section, does not apply to a contract made before the date of enactment of this Act. TITLE VI—RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES SHORT TITLE

SEC. 601. This title may be cited as the "Central Intelligence Agency Spouses' Retirement Equity Act of 1982". ANNUITANTS

SEC. 602. Section 204 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended—

50 USC 403c note.

eentral Intelligence Agency Spouses' Retirement Equity Act of 1982. 50 USC 403 note.

�