text:
Page:United States Statutes at Large Volume 97.djvu/459

 PUBLIC LAW 98-76—AUG. 12, 1983 97 STAT. 427 individuals in his employ, equal to the applicable percentage of the total rail wages paid by him during the taxable period. "(b) TAX ON EMPLOYEE REPRESENTATIVES. — "(1) IN GENERAL.—There is hereby imposed on the income of each employee representative a tax equal to the applicable percentage of the rail wages paid to him during the taxable period. "(2) DETERMINATION OF WAGES.—The rail wages of an em- ployee representative for purposes of paragraph (1) shall be determined in the same manner and with the same effect as if the employee organization by which such employee representa- tive is employed were a rail employer. "(c) RATE OF TAX. —For purposes of this section— "(1) FOR TAXABLE PERIOD JULY i THROUGH DECEMBER 3I, 1986.—The applicable percentage for the taxable period begin- ning on July 1, 1986, and ending on December 31, 1986, shall be 2 percent. "(2) SUBSEQUENT TAXABLE PERIODS. —The applicable percent- age for any taxable period beginning after 1986 shall be the sum of— "(A) 2 percent, plus "(B) 0.3 percent for each preceding taxable period. In no event shall the applicable percentage exceed 5 percent. "SEC. 3322. TAXABLE PERIOD. 26 USC 3322. "(a) GENERAL RULE. — For purposes of this chapter, except as provided in subsection (b), the term 'taxable period' means— "(1) the period beginning on July 1, 1986, and ending on December 31, 1986, "(2) each calendar year after 1986 and before 1990, and "(3) the period beginning on January 1, 1990, and ending on September 30, 1990. "(b) EARLIER TERMINATION IF LOANS TO RAIL UNEMPLOYMENT FUND REPAID. —The tax imposed by this chapter shall not apply to any rail wages paid on or ^ter the first January 1 after 1986 as of which there is— "(1) no balance of transfers to the railroad unemployment insurance account under section 10(d) of the Railroad Unem- ployment Insurance Act, and 45 USC 360. "(2) no unpaid interest on such transfers. "SEC. 3323. OTHER DEFINITIONS. 26 USC 3323. "(a) RAIL EMPLOYER.—For purposes of this chapter, the term 'rail employer' means any person who is an employer as defined in section 1 of the Railroad Unemployment Insurance Act. 45 USC 351. "(b) RAIL WAGES.— "(1) IN GENERAL.— For purposes of this chapter, the term 'rail wages' means wages as defined in section 3306(b) with the 26 USC 3306. modifications specified in paragraph (2). "(2) MODIFICATIONS. -In applying subsection (b) of section 3306 for purposes of paragraph (1)— "(A) ONLY RAILROAD EMPLOYMENT TAKEN INTO ACCOUNT. — Such subsection (b) shall be applied— "(i) by substituting 'rail employment' for 'employ- ment' each place it appears, and "(ii) by substituting 'rail employer' for 'employer' each place it appears.

�


text:
Page:United States Statutes at Large Volume 97.djvu/460

 97 STAT. 428 PUBLIC LAW 98-76 —AUG. 12, 1983 "(B) WAGE BASE FOR FIRST TAXABLE PERIOD. —In the case of the taxable period beginning on July 1, 1986, and ending on December 31, 1986, such subsection (b) shall be applied by substituting '$3,500' for '$7,000' each place it appears in paragraph (1) thereof. "(C) WAGE BASE FOR LAST TAXABLE PERIOD. —In the case of the taxable period beginning on January 1, 1990, and ending on September 30, 1990, such subsection (b) shall be applied by substituting '$5,250' for '$7,000' each place it appears in paragraph (1) thereof. "(c) RAIL EMPLOYMENT. —For purposes of this chapter, the term 'rail employment' means services performed by an individual as a rail employee or employee representative. "(d) RAIL EMPLOYEE AND EMPLOYEE REPRESENTATIVE.— For pur- poses of this chapter— "(1) RAIL EMPLOYEE.— The term 'rail employee' means any person who is an employee as defined in section 1 of the 45 USC 351. Railroad Unemployment Insurance Act. "(2) EMPLOYEE REPRESENTATIVE.— The term 'employee repre- sentative' has the meaning given such term by section 1 of the Railroad Unemployment Insurance Act. " (e) CONCURRENT EMPLOYMENT BY 2 OR MORE RAIL EMPLOYERS.— For purposes of this chapter, if 2 or more related corporations which are rail employers concurrently employ the same individual and compensate such individual through a common paymeister which is 1 of such corporations, each such corporation shall be considered to have paid as remuneration to such individual only the amounts actually disbursed by it to such individual and shall not be consid- ered to have paid as remuneration to such individual amounts actually disbursed to such individual by another of such corporations. "(f) CERTAIN RULES MADE APPLICABLE. — For purposes of this chap- 26 USC 3307, ter, rules similar to the rules of sections 3307 and 3308 shall apply." ^^^^- (b) QUARTERLY PAYMENT OF TAX.— 26 USC 6157. (1) IN GENERAL. —Section 6157 of such Code (relating to pay- ment of Federal unemployment tax on quarterly or other time period basis) is amended by adding at the end thereof the following new subsection: " (d) QUARTERLY PAYMENT OF RAILROAD UNEMPLOYMENT REPAY- MENT TAX.— "(1) IN GENERAL.— Every rail employer shall compute the tax Ante, p. 426. imposed by section 3321 for each calendar quarter in any tax- able period in the manner provided in paragraph (2). The tax so computed shall, except as otherwise provided in paragraph (3), be paid in such manner and at such time as may be provided in regulations prescribed by the Secretary. "(2) COMPUTATION OF TAX. — The tax for any calendar quarter shall be computed by multiplying the aggregate amount of rail wages paid in such calendar quarter by the applicable percent- age determined under section 3321(c). "(3) EXCEPTIONS.— No payment shall be required under this subsection— "(A) for the last calendar quarter in any taxable period, and "(B) for any calendar quarter if the tax under section 3321 for such quarter, plus any unpaid amounts for prior

�

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


text:
Page:United States Statutes at Large Volume 97.djvu/461

 PUBLIC LAW 98-76—AUG. 12, 1983 97 STAT. 429 calendar quarters in the taxable period, does not exceed $100. "(4) DEFINITIONS.—For purposes of this subsection, the terms 'taxable period', 'rail employer', and 'rail wages' have the same respective meanings as when used in chapter 23A." Ante, p. 426. (2) TECHNICAL AMENDMENTS. — (A) Paragraph (2) of section 6201(b) of such Code (relating 26 USC 6201. to amount not to be assessed) is amended by striking out "Federal unemployment tax" and inserting in lieu thereof "Federal unemployment tax or tax imposed by section 3321". Ante, p. 426. (B) Section 6317 of such Code (relating to payments of 26 USC 6317. Federal unemployment tax for calendar quarter) is amended— (i) by striking out "Federal unemployment tax" and inserting in lieu thereof "Federal unemployment tax or tax imposed by section 3321", and (ii) by striking out "chapter 23" and inserting in lieu thereof "chapter 23 and 23A, as the case may be,". (C) Subsection (e) of section 6513 of such Code (relating to 26 USC 6513. payments of Federal unemployment tax) is amended by adding at the end thereof the following new sentence: "Notwithstanding subsection (a), for purposes of section 6511, any payment of tax imposed by chapter 23A which, 26 USC 6511; pursuant to section 6157, is made for a calendar quarter ""'^' P '*^^- within a taxable period shall, if made before the last day ^^ ^^^ ^^^'^ prescribed for filing the return for the taxable period (deter- mined without regard to any extension of time for filing), be considered made on such last day." (D) Subsection (i) of section 6601 of such Code is amended 26 USC 6601. by striking out "3301" and inserting in lieu thereof "3301 or 3321". (c) CLERICAL AMENDMENT.—The table of chapters for subtitle C of such Code is amended by inserting after the item relating to chapter 23 the following new item: "CHAPTER 23A. Railroad Unemployment Repayment Tax." (d) EFFECTIVE DATE.—The amendments made by this section shall 26 USC 3321 apply to remuneration paid after June 30, 1986. ^°^- SEC. 232. TAX USED TO REPAY LOANS MADE TO RAILROAD UNEMPLOY- 45 USC 231n MENT INSURANCE ACCOUNT. note. (a) TRANSFER TO RAILROAD RETIREMENT ACCOUNT. — (1) IN GENERAL.— The Secretary of the Treasury shall transfer from the general fund of the Treasury to the Railroad Retire- ment Account an amount equal to the additional railroad unem- ployment taxes received in the Treasury. (2) TAXES CREDITED AGAINST LOANS TO RAILROAD UNEMPLOY- MENT INSURANCE ACCOUNT. —Any amount transferred under paragraph (1) shall be credited against, and operate to reduce, the outstanding balance of railroad unemployment loans. (b) TRANSFERS MADE MONTHLY. —Transfers under subsection (a) shall be made at least monthly on the basis of estimates made by the Secretary of the Treasury of the amount of the additional railroad unemployment taxes received in the Treasury. Proper adjustments shall be made in the amount subsequently transferred to the extent

�


text:
Page:United States Statutes at Large Volume 97.djvu/462

 97 STAT. 430 PUBLIC LAW 98-76—AUG. 12, 1983 prior estimates were in excess of or were less than the amounts required to be transferred. (c) TRANSFERS TO RAILROAD UNEMPLOYMENT FUND AFTER LOANS REPAID. —If— (1) the amount which (but for this subsection) would be trans- ferred to the Railroad Retirement Account under subsection (a), exceeds— (2) the outstanding balance of railroad unemployment loans (as of the time of such transfer), such transfer (to the extent it exceeds such outstanding balance) shall be made to the Railroad Unemployment Account. (d) DEFINITIONS.— For purposes of this section— (1) ADDITIONAL RAILROAD UNEMPLOYMENT TAXES. — The term "additional railroad unemployment taxes" means the taxes Ante, p. 426. imposed by chapter 23A of the Internal Revenue Code of 1954. (2) RAILROAD UNEMPLOYMENT ACCOUNT. —The term "Railroad Unemployment Account" means the railroad unemployment insurance account in the unemployment trust fund established 42 USC 1104. pursuant to section 904 of the Social Security Act. (3) RAILROAD UNEMPLOYMENT LOANS. —The term "railroad unemployment loans" means transfers under section 10(d) of 45 USC 360. the Railroad Unemployment Insurance Act from the Railroad Retirement Account to the Railroad Unemployment Account. The outstanding balance of such loans shall include any interest required to be paid under such section 10(d). PART II—TAXATION OF SICK PAY PAID UNDER RAILROAD UNEMPLOYMENT INSURANCE ACT SEC. 241. TAXATION OF SICK PAY PAID UNDER RAILROAD UNEMPLOY- MENT INSURANCE ACT. (a) GENERAL RULE. —Section 105 of the Internal Revenue Code of 26 USC 105. 1954 (relating to amounts received under accident and health plans) is amended by adding at the end thereof the following new subsec- tion: "(i) SICK PAY UNDER RAILROAD UNEMPLOYMENT INSURANCE ACT.— Notwithstanding any other provision of law, gross income includes benefits paid under section 2(a) of the Railroad Unemployment 45 USC 352. Insurance Act for days of sickness; except to the extent such sick- ness (as determined in accordance with standards prescribed by the Railroad Retirement Board) is the result of on-the-job injury." 26 USC 105 note. (b) EFFECTIVE DATE.— The amendment made by subsection (a) shall apply to amounts received after December 31, 1983, in taxable years ending after such date. TITLE III—BORROWING AUTHORITY ADJUSTMENTS 45 USC 23lf. SEC 301. (a) Section 7(c) of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new subdivision: "(4) After the end of each month beginning with the month of October 1983, the Board shall determine the net amount, if any, which if added to or subtracted from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund would, with respect to such month, place those Trust Funds, taken as a whole, in the same position in which they would have been if (A)

�


text:
Page:Story of the robins.djvu/101

Rh a number of errors, and make yourself ridiculous. I should commend your courage, provided you would add prudence to it; but blundering on in this ignorant manner is only rashness." "Let him alone, let him alone," said the father; "if he is above being taught, he may find his own way to the nest; I will teach his brother.—Come, Dicky," said he, "let us see what you can do at flying upwards; you cut a noble figure this morning when you flew down."

Dicky, with reluctance, advanced; he said he did not see what occasion they had to go back to the nest at all; he should suppose they might easily find some snug corner to creep into till they were strong enough to roost in trees, as other birds did.

"Why," said the father, "you are as ridiculous with your timidity as Robin with his conceit. Those who give way to groundless fears generally expose themselves to real dangers. If you rest on the earth all night, you will suffer a great deal from cold and damp, and may very likely be devoured whilst you sleep, by rats and other creatures that go out in the night to seek for food; whereas, if you determine to go back to the nest, you have but one effort to make, for which, I will venture to say, you

title: Page:Story of the robins.djvu/101


text:
Page:United States Statutes at Large Volume 97.djvu/463

 PUBLIC LAW 98-76—AUG. 12, 1983 97 STAT. 431 service as an employee after December 31, 1936, had been included in the term 'employment' as defined in the Social Security Act and 42 USC 1305. in the Federal Insurance Contributions Act, and (B) this Act had not 26 USC 3126. been enacted. If for any month the net amount so determined would Transfer of be subtracted from those Trust Funds, the Board shall, within ten funds, days after the end of such month, report such amount to the Secretary of the Treasury for transfer from the general fund to the Railroad Retirement Account. Any amount so reported shall further include interest (at an annual rate equal to the rate of interest borne by a special obligation issued to the Railroad Retirement Account in the month in which the transfer is made to the Account) payable from the close of the month for which the transfer is made until the date of transfer. The Secretary of the Treasury is author- ized and directed to transfer to the Railroad Retirement Account from the general fund such amounts as, from time to time, may be determined by the Board pursuant to the provisions of this subdivi- sion and reported by the Board for transfer. For such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds of the sale of any securities issued after the date of the enactment of this Act under section 3102 of title 31 of the United States Code, and the purpose for which securities may be 96 Stat. 938. issued under section 3102 of title 31 of the United States Code are extended to include such purpose. Each such transfer shall be made by the Secretary of the Treasury within five days after a report of the amount to be transferred is received. Not later than December 31 following the close of each fiscal year beginning with the fiscal year ending September 30, 1984, the Board shall certify to the Secretary of the Treasury the total of all amounts transferred pursuant to the provisions of this subdivision for months in such fiscal year. Within ten days after a transfer, or transfers, pursuant to subdivision (2) for a particular fiscal year, the Board shall request the Secretary of the Treasury to retransfer from the Railroad Retirement Account to the general fund an amount equal to (A) the total of all amounts, exclusive of interest, transferred to such Account pursuant to the provisions of this subdivision for months in such fiscal year, plus (B) interest (at the rate determined in subdivi- sion (3) for such fiscal year) payable with respect to each amount transferred for a month during such fiscal year from the close of the month for which the transfer of the amount was made until the date of retransfer of such amount. The Secretary of the Treasury is authorized and directed to retransfer from the Railroad Retirement Account to the general fund such amounts as, from time to time, may be determined by the Board pursuant to the provisions of the preceding sentence of this subdivision and reported by the Board for retransfer.". (b) Subsection (b) of section 15 of the Railroad Retirement Act of 1974 is amended to read as follows: 45 USC 23ln. "(b) In addition to the amount appropriated in subsection (a) of this section, there is hereby authorized to be appropriated to the Railroad Retirement Account for each fiscal year, beginning with the fiscal year ending June 30, 1975, such amount as the Board determines to be necessary to meet (A) the additional costs, result- ing from the crediting of military service under this Act, of benefits payable under section 2 of this Act, but only to the extent that such 45 USC 23la. Account is not reimbursed for such costs under section 7(c)(2), (B) the 45 USC 23lf. additional administrative expenses resulting from the crediting of military service under this Act, and (C) any loss in interest to such

�


text:
Page:United States Statutes at Large Volume 97.djvu/464

 97 STAT. 432 PUBLIC LAW 98-76—AUG. 12, 1983 45 USC 231c. Transfer of funds. 45 USC 231f. 42 USC 401. 45 USC 231c. Effective dates. 45 USC 231f note. 45 USC 231n note. Ante, p. 431. 45 USC 360. Account resulting from the payment of additional benefits based on military service credited under this Act: Provided, however. That, in determining the amount to be appropriated to the Railroad Retire- ment Account for any fiscal year pursuant to the provisions of this subsection, there shall not be considered any costs resulting from the crediting of military service under this Act for which appropri- ations to such Account have already been made pursuant to section 4(1) of the Railroad Retirement Act of 1937. Any determination as to loss in interest to the Railroad Retirement Account pursuant to clause (C) of the first sentence of this subsection shall take into account interest from the date each annuity based, in part, on military service began to accrue or was increased to the date or dates on which the amount appropriated is credited to the Account. The cost resulting from the payment of additional benefits under this Act based on military service determined pursuant to the preceding provisions of this subsection shall be adjusted by applying thereto the ratio of the total net level cost of all benefits under this Act to the portion of such net level cost remaining after the exclu- sion of administrative expenses and interest charges on the un- funded accrued liability as determined under the last completed actuarial valuation pursuant to the provisions of subsection (g) of this section. At the close of the fiscal year ending June 30, 1975, and each fiscal year thereafter, the Board shall, as promptly as practic- able, determine the amount to be appropriated to the Account pursu- ant to the provisions of this subsection, and shall certify such amount to the Secretary of the Treasury for transfer from the general fund in the Treasury to the Railroad Retirement Account. When authorized by an appropriation Act, the Secretary of the Treasury shall transfer to the Railroad Retirement Account from the general fund in the Treasury such amounts as, from time to time, may be determined by the Board pursuant to the provisions of this subsection and certified by the Board for transfer to such Account. In any determination made pursuant to section 7(c)(2) of this Act, no further charges shall be made against the Trust Funds established by title II of the Social Security Act for military service rendered before January 1, 1957, and with respect to which appro- priations authorized by clause (2) of the first sentence of section 4(1) of the Railroad Retirement Act of 1937 shall have been credited to the Railroad Retirement Account, but the additional benefit pay- ments incurred by such Trust Funds by reason of such military service shall be taken in account in making any such determina- tion.". (c)(1) The amendment made by subsection (a) of this section shall be effective on October 1, 1983. (2) The amendments made by subsection (b) of this section shall be effective on the date immediately following the day in June 1984 when the total amount of money outstanding to the Railroad Retire- ment Account under section 15(b)(2) of the Railroad Retirement Act of 1974 is retransferred to the general fund under that section. SEC. 302. Subsection (d) of section 10 of the Railroad Unemploy- ment Insurance Act is amended by adding at the end thereof the following new sentence: "No transfer shall be made under this subsection from the Railroad Retirement Account after September 30, 1985, and no such transfer shall be made on or before September 30, 1985, for purposes of paying benefits and refunds due after such date.".

�


text:
Page:United States Statutes at Large Volume 97.djvu/465

 PUBLIC LAW 98-76—AUG. 12, 1983 97 STAT. 433 45 USC 231b, 231c. 45 USC 231 note. 45 USC 231f. Loans. TITLE IV—OTHER BENEFIT-RELATED AMENDMENTS SEC. 401. (a) Section 15(d) of the Railroad Retirement Act of 1974 is 45 USC 23ln amended— (1) by inserting "(1)" after "(d)"; (2) by striking out "one-twelfth of the amount which the Board has determined will be the amount of the appropriation to be made to the Dual Benefits Payments Account under the applicable public law making such appropriation for such fiscal year, and the Secretary of the Treasury shall make such trans- fer." from the third sentence and inserting in lieu thereof the following: "the amount that the Board estimates will be neces- sary to pay on the first day of the next succeeding month the annuity amounts under sections 8(h), 4(e), and 4(h) of this Act and under sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law 93-445, taking into account any reduction in such annuity amounts as determined under section 7(c)(1) of this Act, and the Secretary of the Treasury shall make such transfer, but at no time shall the total amount of money outstanding to the Dual Benefits Payments Account from the Railroad Retirement Account exceed the amount necessary to pay the annuity amounts under sections 3(h), 4(e), and 4(h) of this Act and sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law 93- 445 for one month."; (3) in the fourth sentence, by inserting "or during" after "prior to"; and (4) by adding at the end the following new subdivisions: "(2) The Secretary of the Treasury— "(i) shall transfer from the general fund as a loan to the Board on January 1, 1984, one-third of the special amount described in subdivision (3) of this subsection; "(ii) shall transfer from the general fund as a loan to the Board on January 1, 1985, one-third of the special amount described in subdivision (3) of this subsection, plus an amount equal to the interest that one-third would have earned had it been in the Railroad Retirement Account since January 1, 1984; and "(iii) shall transfer from the general fund as a loan to the Board on January 1, 1986, the final one-third of the special amount described in subdivision (3) of this subsection, plus an amount equal to the interest that one-third would have earned had it been in the Railroad Retirement Account since Janu- ary 1, 1984. "(3) The special amount referred to in subdivision (2) of this subsection is the amount which, as of January 1, 1984, would place the Railroad Retirement Account in the same position it would have been on that date if no annuity amounts had been paid during the period beginning January 1, 1975 and ending September 30, 1981, under sections 3(h), 4(e), and 4(h) of this Act and under sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law 93-445, and no sums had been appropriated as authorized in section 15(d) of this Act. "(4) For the purposes of subdivision (2) of this subsection, the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds of the sale of any securities issued after the date of the enactment of the Railroad Retirement Solvency Act of 1983 under section 3102 of title 31 of the United States Code and the Ante, p. 411. 96 Stat. 938.

�


text:
Page:United States Statutes at Large Volume 97.djvu/466

 97 STAT. 434 PUBLIC LAW 98-76—AUG. 12, 1983 Effective date. 45 USC 231n note. 45 USC 231. 45 USC 351. 45 USC 231 note. 45 USC 231. 45 USC 797. 45 USC 797a. 45 USC 351. 45 USC 797. 45 USC 797a. Effective date. 45 USC 231 note. 45 USC 231b. purposes for which securities may be so issued are extended to include such purposes. "(5) The amounts transferred to the Board as loans under subdivi- sion (2) of this subsection shall be deposited in the Railroad Retire- ment Account. "(6) The amounts transferred as loans under subdivision (2) of this subsection shall be repaid to the general fund to the extent sums are appropriated for that purpose, and there are hereby authorized to be appropriated, in addition to any other sums authorized to be appro- priated for the purposes of this Act and from any sums in the Treasury not otherwise appropriated, such sums as may be neces- sary to make such repayments.". (b) The amendments made by this section shall be effective upon enactment. SEC. 402. (a) Section 1(h)(6) of the Railroad Retirement Act of 1974 is amended— (1) by striking out paragraph (ii); and (2) by redesignating paragraphs (iii), (iv), (v), (vi), and (vii) thereof as (ii), (iii), (iv), (v), and (vi), respectively. (b) Section l(j) of the Railroad Unemployment Insurance Act is amended by striking out "(i)" and all that follows through "(ii)". (c) The amendments made by this section shall apply to compensa- tion paid for services rendered after June 30, 1983. SEC. 403. (a) Section 1(h) of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new subdivision: "(7) The term 'compensation' includes any separation allowance or subsistence allowance paid under any benefit schedule provided under section 701 of title VII of the Regional Rail Reorganization Act of 1973 and any termination allowance paid under section 702 of that Act, but does not include any other benefits payable under that title. The total amount of any subsistence allowance paid under a benefit schedule provided pursuant to section 701 of the Regional Rail Reorganization Act of 1973 shall be considered as having been earned in the month in which the employee first timely filed a claim for such an allowance.". (b) Section l(i) of the Railroad Unemployment Insurance Act is amended by inserting after the first sentence thereof the following new sentence: "Solely for the purpose of determining the compen- sation received by an employee in a base year, the term 'com- pensation' shall include any separation allowance or subsistence allowance paid under any benefit schedule provided under section 701 of title VII of the Regional Rail Reorganization Act of 1973 and any termination allowance paid under section 702 of that Act, but does not include any other benefits payable under that title. The total amount of any subsistence allowance payable under a benefit schedule provided pursuant to section 701 of the Regional Rail Reorganization Act of 1973 shall be considered as being compensa- tion in the month in which the employee first timely filed a claim for such an allowance.". (c) The amendments made by this section shall be effective August 13 1981 SEC. 404. Section 3(fKl) of the Railroad Retirement Act of 1974 is amended— (1) by inserting after "of an individual shall" in the second sentence the following "except as provided in the following sentence"; and

�


text:
Page:United States Statutes at Large Volume 97.djvu/467

 PUBLIC LAW 98-76—AUG. 12, 1983 97 STAT. 435 (2) by inserting after the second sentence the following: "If the individual's 'average monthly compensation' is determined under subdivision (2) of subsection (b) of this section, the 'final average monthly compensation' for such individual shall be the average of the compensation for the 24 months in which the compensation determined for the purpose of subdivision (2) of subsection (b) of this section is the highest.". (c) The amendments made by this section shall be effective Octo- ber 1, 1983, and shall apply with respect to annuities awarded on or flitPT* th3.t dd.i^6 SEC. 405. (a) Section 3(f)(3) of the Railroad Retirement Act of 1974 is amended— (1) by inserting "and divorced wife" after "spouse" the first place it appears in the first sentence thereof; and (2) by striking out "such annuity or annuities" in the first sentence and inserting in lieu thereof "the annuities of the individual and spouse". (b) The amendments made by this section shall be effective October 1, 1981. SEC. 406. (a) Section 4(g)(4) of the Railroad Retirement Act of 1974 is amended by striking out "(e)(3)" in the second sentence and inserting in lieu thereof "(e)". (b) The amendments made by this section shall be effective Octo- ber 1, 1981. SEC. 407. (a) Section 4(i) of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new subdivision: "(3) The annuity of any survivor under subsection (f) of this section shall be reduced, but not below zero, by the amount of any insurance benefit (before any deduction on account of work) payable to such survivor under title II of the Social Security Act, unless in computing the amount under subsection (f) a reduction was made for such insurance benefit pursuant to section 202(k) of the Social Security Act.". (b) The amendment made by this section shall be effective with respect to annuities awarded on and after the date of enactment. SEC. 408. Section 6(b)(1) of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new sentence: "No lump sum shall be payable under this subdivision if the employee died leaving a surviving divorced wife who would on proper application therefore be entitled to receive an annuity under section 2(d) of this Act for the month in which the employee s death occurred.". SEC. 409. (a) Section 2(c)(2) of the Railroad Retirement Act of 1974 is amended by striking the period and inserting in lieu thereof the following: ", except that the annuity of a divorced wife who was previously entitled to a spouse annuity which was reduced under this subdivision shall be reduced by the same percentage as was applicable to the spouse annuity.". (b) The amendment made by this section shall be effective with respect to divorced wife annuities awarded on and after the date of enactment. SEC. 410. (a) Section 1(h) (as amended by section 403 of this Act) of the Railroad Retirement Act of 1974 is amended by adding at the end the following: "(8) Notwithstanding any other provision of this Act, for the purposes of sections 3(a)(1), 4(a)(1), and 4(f)(1), the term 'compensa- tion' includes any payment from any source to an employee or Effective date. 45 USC 231b note. 45 USC 231b. Effective date. 45 USC 231b note. 45 USC 231c. Effective date. 45 USC 231c note. 45 USC 231c. 42 USC 401. 42 USC 402. Effective date. 45 USC 231c note. 45 USC 231 e. Lump sum restriction. 45 USC 231a. 45 USC 231a. Effective date. 45 USC 231a note. 45 USC 231b, 231c.

�


text:
Page:United States Statutes at Large Volume 97.djvu/468

 97 STAT. 436 PUBLIC LAW 98-76—AUG. 12, 1983 employee representative if such payment is subject to tax under Ante, pp. 420, section 3201 or 3211 of the Internal Revenue Code of 1954.". Vrcn OQ1 * Ob) The amendment made by this section shall apply with respect 45 ubc zsi note. ^^ payments made on or after January 1, 1982. SEC. 411. (a)(1) The first proviso of subsection (k) of section 1 of the 45 USC 351. Railroad Unemployment Insurance Act is amended by striking out "$1,000" and inserting in lieu thereof "$1,500". 45 USC 353. (2) Section 3 of such Act is amended by striking out "$1,000" and inserting in lieu thereof "$1,500". 45 USC 354. (3) Section 4(a-2)(i)(A) of such Act is amended by striking out "$1,000" and inserting in lieu thereof "$1,500". 45 USC 351 note. (b) The amendments made by this section shall apply to compensa- tion paid for services rendered after December 31, 1983. 45 USC 352. SEC. 412. (a) Subsection (a) of section 2 of the Railroad Unemploy- ment Insurance Act is amended by striking out "Provided, however" and all that follows down through the end of the first sentence and inserting in lieu thereof: "Provided, however. That in any case in which the Board finds that his unemployment was due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which he was last employed, no benefits shall be payable for the first fourteen days of unemployment due to such stoppage of work.". 45 USC 352 note. (b) The amendment made by this section shall apply with respect to days of unemployment in registration periods beginning after December 31, 1983. SEC. 413. (a) Section 2(d)(l)(iv) of the Railroad Retirement Act of 45 USC 231a. 1974 is amended by inserting before the semicolon the following: ", but neither this proviso nor clause (B) or (C) of this paragraph shall operate to deny any parent an annuity to the extent and in the amount of the benefit that such parent would have received under 42 USC 1305. the Social Security Act if the service as an employee of the individual, with respect to which such parent would be eligible to receive an annuity under this Act except for this proviso and those clauses, were included in 'employment' as defined in the Social Security Act". 45 USC 231a (b) The amendment made by this section shall apply with respect ^°^- to annuities that first begin to accrue with respect to any month beginning after the date of the enactment of this Act. 45 USC 231a. SEC. 414. (a) Section 2(h) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "(h)(1) In" and all that follows through the end of paragraph (1); and (2) by inserting "(h)" immediately before "(2)". 45 USC 231a (b) The amendments made by this section shall apply with respect "°*®- to months beginning after the date of the enactment of this Act. SEC. 415. Section 2(c)(3) of the Railroad Retirement Act of 1974 is amended by striking out ", if, as of the day on which the applica- tion" and all that follows through "support of such wife or husband". 45 USC 23if. SEC. 416. Section 7 of the Railroad Retirement Act of 1974 is amended by adding at the end the following: Budget "(f) Whenever the Board submits or transmits any budget esti- submittal to mate, budget request, supplemental budget estimate, or other ongress. budget information, legislative recommendation, prepared testimony for congressional hearings, or comment on legislation to the President or to the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress. No officer or

�


text:
Page:United States Statutes at Large Volume 97.djvu/469

 PUBLIC LAW 98-76—AUG. 12, 1983 97 STAT. 437 agency of the United States shall have any authority to require the Board to submit its budget requests or estimates, legislative recom- mendations, prepared testimony for congressional hearings, or com- ments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress.". SEC. 417. (a) Section 15 of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new subsection: "(i)(1) The Secretary of the Treasury shall implement procedures to permit the identification of each check issued for benefits under this Act that has not been presented for payment by the close of the sixth month following the month of its issuance. "(2) The Secretary of the Treasury shall, on a monthly basis, credit each account established in the Treasury for the payment of benefits under this Act for the proportionate amount of benefit checks (including interest thereon) drawn on each such Account more than six months previously but not presented for payment and not previously credited to such Account, to the extent provided in advance in appropriation Acts. "(3) If a benefit check is presented for payment to the Treasury and the amount of the appropriate portion thereof has been previ- ously credited pursuant to paragraph (2) to an Account or Accounts, the Secretary of the Treasury shall nevertheless pay such check, if otherwise proper, recharge such Account or Accounts for the amount of such check attributable to such Account or Accounts and notify the Board. "(4) A benefit check bearing a current date may be issued to an individual who did not negotiate the original benefit check and who surrenders such check for cancellation if the Secretary of the Treas- ury determines it is necessary to effect proper payment of benefits." (b) The amendment made by subsection (a) shall apply with respect to all checks for benefits under this Act which are issued on or after May 1, 1985. (c)(1) The Secretary of the Treasury shall transfer from the gen- eral fund of the Treasury to each Account established in the Treasury for the payment of benefits under the Railroad Retirement Act of 1974 in the month following the month in which this section is enacted and in each of the next succeeding months until May, 1985, such sums as may be necessary to reimburse such Accounts in the proportionate amount of all checks (including interest thereon) attributable to such Accounts which the Secretary and the Board jointly determine to be unnegotiated benefit checks, to the extent provided in advance in appropriation Acts. After any amounts authorized by this subsection have been transferred to an Account or Accounts with respect to any benefit check, the provisions of paragraphs (3) and (4) of section 15(i) of the Railroad Retirement Act of 1974 (as added by subsection (a) of this section) shall be applicable to such check. (2) As used in paragraph (1) of this subsection, the term 'unnego- tiated benefit checks' means checks for benefits under the Railroad Retirement Act of 1974 or under the Railroad Retirement Act of 1937 which are issued prior to May 1, 1985, which remain unnego- tiated after the sixth month following the date on which they were issued, and with respect to which no transfers have previously been made in accordance with the first sentence of such paragraph. SEC. 418. The Railroad Retirement Act of 1974 is amended by adding at the end the following new section: 45 USC 231n. Check identification. 45 USC 231n note. Transfer of funds. 45 USC 231n note. 45 USC 231t. "Unnegotiated benefit checks.' 45 USC 231t.

�


text:
Page:United States Statutes at Large Volume 97.djvu/470

 97 STAT. 438 PUBLIC LAW 98-76—AUG. 12, 1983 "INSPECTOR GENERAL 45 USC 23iv. "SEC. 23. For the purposes of the Inspector General Act of 1978 (5 U.S.C. App.) the Railroad Retirement Board is an 'establishment' and the Chairman of the Railroad Retirement Board is the 'head of the establishment' with respect to such Board. For the purpose of 45 USC 231a. section 2 of such Act, the Railroad Retirement Board is one of 'such GstfiblislimGrits 45 USC 231m. SEC. 419. (a) Section 14 of the Railroad Retirement Act of 1974 is amended— (1) by striking out "Notwithstanding" and inserting in lieu thereof "(a) Except as provided in subsection (b) of this section 26use1etseq. and the Internal Revenue Code of 1954, notwithstanding"; (2) by striking out ": Provided, however. That the provisions of this" and inserting in lieu thereof the following: "(b)(1) This"; and (3) by adding at the end the following: "(2) This section shall not operate to prohibit the characterization or treatment of that portion of an annuity under this Act which is Ante, p. 411. not computed under section 3(a), 4(a), or 4(f) of this Act, or any portion of a supplemental annuity under this Act, as community property for the purposes of, or property subject to, distribution in accordance with a court decree of divorce, annulment, or legal separation or the terms of any court-approved property settlement incident to any such court decree. The Board shall make payments of such portions in accordance with any such characterization or treatment or any such decree or settlement.". 45 USC 231m (b) The amendments made by this section shall apply with respect "°*® to annuity amounts payable for months beginning after the date of the enactment of this Act. TITLE V—OTHER AMENDMENTS ESTABLISHMENT OF SOCIAL SECURITY EQUIVALENT BENEFIT ACCOUNT SEC. 501. (a) The Railroad Retirement Act of 1974 is amended by inserting after section 15 the following new section: "SOCIAL SECURITY EQUIVALENT BENEFIT ACCOUNT 45 USC 23in-i. "SEC. 15A. (a) There is hereby created an account in the Treasury of the United States to be known as the 'Social Security Equivalent Benefit Account'. "(b) TRANSFERS, ETC., TO SOCIAL SECURITY EQUIVALENT BENEFIT ACCOUNT. — "(1) NET TIER i TAXES, ETC. —There is hereby appropriated to ' the Social Security Equivalent Benefit Account for each fiscal year, beginning with the fiscal year beginning October 1, 1984, an amount equal to the sum of the following amounts: "(A) NET TIER i TAXES.— Amounts covered into the Treas- ury (minus refunds) during such fiscal year under sections 3201(a), 3211(a)(1), and 3221(a) of the Railroad Retirement Ante, pp. 420, Tax Act. ^^^ " (B) INCOME TAX LIABILITIES ATTRIBUTABLE TO TAXATION OF SOCIAL SECURITY EQUIVALENT BENEFITS.—The amount which (but for this section) would have been transferred to the Railroad Retirement Account under section 121(e) of the

�


text:
Page:United States Statutes at Large Volume 97.djvu/471

 PUBLIC LAW 98-76—AUG. 12, 1983 97 STAT. 439 Social Security Amendments of 1983 to the extent that the Ante, p. 80. amount which would have been so transferred is attribut- able to taxation of social security equivalent benefits. Amounts appropriated to the Railroad Retirement Account shall be appropriately reduced to take into account the amounts appropriated under this paragraph to the Social Security Equiv- alent Benefit Account. "(2) FINANCIAL INTERCHANGE AMOUNTS. —On and after Octo- ber 1, 1984, any amount which (but for this section) would have been transferred to the Railroad Retirement Account pursuant to paragraph (2) or (4) of section 7(c) of this Act shall be Ante, p. 430. transferred to the Social Security Equivalent Benefit Account. On and after October 1, 1984, no transfer shall be made to the Railroad Retirement Account pursuant to paragraph (2) or (4) of section 7(c) of this Act. "(3) CERTAIN CREDITED MILITARY SERVICE AMOUNTS. —TO the extent that the authorization for appropriation contained in section 15(b) is attributable to the cost of social security equiva- Ante, p. 431. lent benefits, on and after October 1, 1984, any reference in such section to the Railroad Retirement Account shall be treated as a reference to the Social Security Equivalent Benefit Account. "(4) TIME AND MANNER OF CREDITS AND TRANSFERS.— Amounts appropriated or transferred to the Social Security Equivalent Benefit Account under this section shall be credited or trans- ferred to such Account at the same time and in the same manner as such amounts would have been credited or trans- ferred to the Railroad Retirement Account but for this section. "(c)(1) Except as otherwise provided in this section, amounts in the Social Security Equivalent Benefit Account shall be available only for purposes of paying social security equivalent benefits under this Act and to provide for the administrative expenses of the Board allocable to social security equivalent benefits. "(2) On and after October 1, 1984, any transfer which (but for this paragraph) would be required to be made from the Railroad Retire- ment Account under paragraph (2) or (4) of section 7(c) shall be made from the Social Security Equivalent Benefit Account. "(d)(1) Whenever the Board finds that the balance in the Social Security Equivalent Benefit Account will be insufficient to pay social security equivalent benefits which it estimates are due in any month, it shall request the Secretary of the Treeisury to transfer from the Railroad Retirement Account to the credit of the Social Security Equivalent Benefit Account such moneys as the Board estimates will be necessary for the payment of such benefits, and the Secretary shall make such transfer. Whenever later in such month there is a transfer to the Social Security Equivalent Benefit Account under paragraph (2) or (4) of section 7(c) of this Act, the amount so transferred shall be immediately retransferred to the Railroad Re- tirement Account. The amount retransferred under the preceding sentence shall not exceed the amount of any outstanding transfers under this paragraph from the Railroad Retirement Account plus such additional amounts determined by the Board to be equal to the loss of interest to the Railroad Retirement Account resulting from such outstanding transfers. "(2) Whenever the Board determines that— "(A) amounts in the Railroad Retirement Account will not be sufficient to pay the annuities which it estimates are due, or will become due, from such Account, and

�


text:
Page:United States Statutes at Large Volume 97.djvu/472

 97 STAT. 440 PUBLIC LAW 98-76—AUG. 12, 1983 45 USC 231n. "Social security equivalent benefits." 45 USC 231f. Effective date. 45 USC 231n-l note. 45 USC 231n-l note. Ante, pp. 420, 421. Ante, p. 438. 26 USC 3101 et seq. Report to Congress. 45 USC 231f-l. Ante, pp. 420, 421. "(B) the transfer under this paragraph will not jeopardize the present or future payment of social security equivalent benefits, the Board shall request the Secretary of the Treasury to transfer from the Social Security Equivalent Benefit Account to the Railroad Retirement Account such moneys as the Board estimates will be necessary for the payment of such annuities, and the Secretary shall make such transfer. No transfer under this paragraph shall be required to be repaid. "(e) The provisions of subsections (e), (f), and (g) of section 15 are hereby made applicable to the Social Security Equivalent Benefit Account. "(f)(1) For purposes of making payments of social security equiva- lent benefits, references in the Act to the Railroad Retirement Account shall be treated as references to the Social Security Equiva- lent Benefit Account. "(2) For purposes of this section, the term 'social security equiva- lent benefits' means benefits payable under this Act which are of a kind taken into account in determining the amount of transfers made under section 7(c)(2) of this Act.". (b)(1) The amendment made by this section shall take effect on October 1, 1984. (2)(A) The tier 1 portion of the tax imposed by section 3201, 3211, or 3221 of the Internal Revenue Code of 1954, as the case may be, with respect to compensation paid before 1985 shall be treated as described in subparagraph (A) of section 15A(b)(l) of the Railroad Retirement Act of 1974. (B) For purposes of subparagraph (A), the tier 1 portion of any tax is so much of such tax as is determined by reference to the rates of taxes imposed by chapter 21 of the Internal Revenue Code of 1954. STUDY SEC. 502. On or before July 1 of 1985, and of each calendar year thereafter, the Railroad Retirement Board shall submit to the Con- gress a report on the actuarial status of the railroad retirement system under various economic and employment assumptions. Such report shall include any recommendation for financing changes which might be advisable, including— (1) any adjustment the Railroad Retirement Board recom- mends regarding the rates of taxes imposed by sections 3201(b), 3211(a)(2), and 3221(b) of the Internal Revenue Code of 1954, and (2) if there are sufficient reserves in the Railroad Retirement Account, whether— (A) the rates of such taxes should be reduced, or (B) any part of the tax imposed by section 3221(b) of such Code should be diverted to the Railroad Unemployment Insurance Account to aid in the repayment of its debt to the Railroad Retirement Account. INCREASE IN MONTHLY WAGE BASE SEC. 503. (a)(1) Subsection (a) of section 8 of the Railroad Unem- 45 USC 358. ployment Insurance Act is amended by striking out so much of such subsection as precedes the table contained therein and inserting in lieu thereof the following: "SEC. 8. (a) Every employer shall pay a contribution, with respect to having employees in his service, equal to the percentage deter-

�


text:
Page:United States Statutes at Large Volume 97.djvu/473

 PUBLIC LAW 98-76—AUG. 12, 1983 97 STAT. 441 mined as set forth below of so much of the compensation as is not in excess of $600 for any calendar month paid by him to any employee for any services rendered to him. If compensation is paid to an employee by more than one employer with respect to any such calendar month, the contributions required by this subsection shall not apply to more than $600 of the aggregate compensation paid to such employee by all such employers with respect to such calendar month, and each employer (other than a subordinate unit of a national railway-labor-organization employer) shall be liable for that portion of the contribution with respect to such compensation paid by all such employers which the compensation paid by him to such employee for services rendered during such month bears to the total compensation paid by all such employers to such employee for services rendered during such month. In the event that the compen- sation so paid by such employers to the employee for services rendered during such month is less than $600, each subordinate unit of a national railway-labor-organization employer shall be liable for such portion of any additional contribution as the compensation paid by such employer to such employee for services rendered during such month bears to the total compensation paid by all such employers to such employee for services rendered during such month:". (2) Subsection (b) of section 8 of such Act is amended— (A) by striking out "after December 1975", and (B) by striking out "$400," and inserting in lieu thereof "$600,". (b) The first sentence of subsection (i) of section 1 of such Act is 45 USC 351. amended by striking out "or in excess of $400 for any month after the month in which this Act was so amended" and inserting in lieu thereof "or in excess of $400 for any month after the month in which this Act was so amended and before January 1984, or in excess of $600 for any month after 1983". (c) The amendments made by this section shall apply to compensa- tion paid for services rendered after December 31, 1983. 45 USC 358. 45 USC 351 note. RAILROAD UNEMPLOYMENT COMPENSATION COMMITTEE SEC. 504. (a) Representatives of railroad labor and railroad man- 45 USC 362 note. agement shall jointly establish (and jointly appoint the members of) a committee to be known as the "Railroad Unemployment Compen- sation Committee" (hereinafter in this section referred to as the " Committee"). (b) The Committee shall consist of five members— Membership. (1) two of whom shall be representatives of railroad labor, (2) two of whom shall be representatives of railroad manage- ment, and (3) one of whom shall be an individual who shall not be in the employment of or pecuniarily or otherwise interested in any employer (as defined in section 1 of the Railroad Retirement Act of 1974) or any organization of employees (as defined in section 1 45 USC 231. of such Act). (c) The Committee shall review all aspects of the unemployment Review. and sickness insurance systems provided by the Railroad Unemploy- ment Insurance Act including (but not limited to) a review of— (1) benefit levels, (2) experience rating. (3) debt repayment and interest on debt,

�


text:
Page:United States Statutes at Large Volume 97.djvu/474

 97 STAT. 442 PUBLIC LAW 98-76—AUG. 12, 1983 (4) waiting period for unemployment benefits and qualifying requirements, and (5) alternatives to the railroad unemployment insurance system such as covering railroad employees under the Federal- State unemployment compensation system. Report to (d) Not later than April 1, 1984, the Committee shall submit a Congress. report to the Congress containing recommendations— (1) with respect to the review conducted under subsection (c), and (2) with respect to the repayment of funds which the railroad unemployment insurance system has borrowed from the Rail- road Retirement Account. Any recommendation submitted under paragraph (2) shall contain adjustments in contributions and benefits which will enable the railroad unemployment compensation system to repay all loans from the Railroad Retirement Account before December 31, 2000. (e) The Railroad Retirement Board (and any other department, agency, or instrumentality of the Federal Government) is authorized to cooperate with, and assist, the Committee (at its request) in carrying out its duties by furnishing services, information, data, or other material which the Committee determines will be helpful in carrying out its duties. Approved August 12, 1983. LEGISLATIVE HISTORY—H.R. 1646: HOUSE REPORT No. 98 -30, Pt. 1 (Comm. on Energy and Commerce) and Pt. 2 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 1, considered and passed House. Aug. 2, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 32 (1983): Aug. 12, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 97.djvu/475

 PUBLIC LAW 98-77 —AUG. 15, 1983 97 STAT. 443 Public Law 98-77 98th Congress An Act To establish an emergency program ofjob training assistance for unemployed Korean Aug. 15, 1983 conflict and Vietnam-era veterans, and for other purposes. FH R 23551 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Emergency Veterans Job Training Act of SHORT TITLE; TABLE OF CONTENTS 1983. SECTION 1. This Act may be cited as the "Emergency Veterans' 29 USC 1721 Job Training Act of 1983". '^°^- TABLE OF CONTENTS Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. Sec. 4. Establishment of program. Sec. 5. Eligibility for program; duration of assistance. Sec. 6. Employer job training programs. Sec. 7. Approval of employer programs. Sec. 8. Payments to employers; overpayments. Sec. 9. Entry into program ofjob training. Sec. 10. Provision of training through educational institutions. Sec. 11. Discontinuance of approval of participation in certain employer programs. Sec. 12. Inspection of records; investigations. Sec. 13. Coordination with other programs. Sec. 14. Counseling. Sec. 15. Information and outreach; use of agency resources. Sec. 16. Authorization of appropriations. Sec. 17. Termination of program. Sec. 18. Expansion of targeted delimiting date extension. Sec. 19. Effective date. PURPOSE SEC. 2. The purpose of this Act is to address the problem of severe 29 USC 1721 and continuing unemployment among veterans by providing, in the "°^- form of payments to defray the costs of training, incentives to employers to hire and train certain wartime veterans who have been unemployed for long periods of time for stable and permement positions that involve significant training. DEFINITIONS SEC. 3. For the purposes of this Act: 29 USC I72i (1) The term "Administrator" means the Administrator of ^°^- Veterans' Affairs. (2) The term "Secretary" means the Secretary of Labor. (3) The terms "veteran", "Korean conflict", "compensation", "service-connected", "active military, naval, or air service", "State", and "Vietnam era", have the meanings given such terms in paragraphs (2), (9), (13), (16), (20), (24), and (29), respec- tively, of section 101 of title 38, United States (Jode.

�


text:
Page:United States Statutes at Large Volume 97.djvu/476

 97 STAT. 444 PUBLIC LAW 98-77—AUG. 15, 1983 ESTABLISHMENT OF PROGRAM 29 USC 1721 SEC. 4. (a) The Administrator and, to the extent specifically pro- "°*®- vided by this Act, the Secretary shall carry out a program in accordance with this Act to assist eligible veterans in obtaining employment through training for employment in stable and perma- nent positions that involve significant training. The program shall be carried out through payments to employers who employ and train eligible veterans in such jobs in order to assist such employers in defraying the costs of necessary training. (b) The Secretary shall carry out the Secretary's responsibilities under this Act through the Assistant Secretary of Labor for Veter- ans' Employment established under section 2002A of title 38, United States Code. "Korean conflict or Vietnam-era veteran." ELIGIBILITY FOR PROGRAM; DURATION OF ASSISTANCE 29 USC 1721 SEC. 5. (a)(1) To be eligible for participation in a job training ^°*«- program under this Act, a veteran must be a Korean conflict or Vietnam-era veteran who— (A) is unemployed at the time of applying for participation in a program under this Act; and (B) has been unemployed for at least fifteen of the twenty weeks immediately preceding the date of such veteran's applica- tion for participation in a program under this Act. (2) For purposes of paragraph (1), the term "Korean conflict or Vietnain-era veteran" means a veteran— (A) who served in the active military, naval, or air service for a period of more than one hundred and eighty days, any part of which was.during the Korean conflict or the Vietnam era; or (B) who served in the active military, naval, or air service during the Korean conflict or the Vietnam era and— (i) was discharged or released therefrom for a service- connected disability; or (ii) is entitled to compensation (or but for the receipt of retirement pay would be entitled to compensation). (3) For purposes of paragraph (1), a veteran shall be considered to be unemployed during any period the veteran is without a job and wants and is available for work. (b)(1) A veteran who desires to participate in a program of job training under this Act shall submit to the Administrator an appli- cation for participation in such a program. Such an application— (A) shall include a certification by the veteran that the vet- eran is unemployed and meets the other criteria for eligibility prescribed by subsection (a); and (B) shall be in such form and contain such additional informa- tion as the Administrator may prescribe. (2)(A) Subject to subparagraph (B), the Administrator shall approve an application by a veteran for participation in a program of job training under this Act unless the Administrator finds that the veteran is not eligible to participate in a program of job training under this Act. Limitation of (B) The Administrator may withhold approval of an application of participants. ^ veteran under this Act if the Administrator determines that, because of limited funds available for the purpose of making pay- ments to employers under this Act, it is necessary to limit the number of participants in programs under this Act. Application for participation.

�


text:
Page:United States Statutes at Large Volume 97.djvu/477

 PUBLIC LAW 98-77—AUG. 15, 1983 97 STAT. 445 (3)(A) The Administrator shall certify as eligible for participation Certification of under this Act a veteran whose application is approved under this eligibility. subsection and shall furnish the veteran with a certificate of that veteran's eligibility for presentation to an employer offering a pro- gram of job training under this Act. Any such certificate shall expire 60 days after it is furnished to the veteran. The date on which a certificate is furnished to a veteran under this paragraph shall be stated on the certificate. (B) A certificate furnished under this paragraph may, upon the veteran's application, be renewed in accordance with the terms and conditions of subparagraph (A). (c) The maximum period of training for which assistemce may be Maximum provided on behalf of a veteran under this Act is— training period. (1) fifteen months in the case of— (A) a veteran with a service-connected disability rated at 30 percent or more; or (B) a veteran with a service-connected disability rated at 10 percent or 20 percent who has been determined under section 1506 of title 38, United States Code, to have a serious employment handicap; and (2) nine months in the case of any other veteran. EMPLOYER JOB TRAINING PROGRAMS SEC. 6. (a)(1) Except as provided in paragraph (2), in order to be approved as a program of job training under this Act, a program of job training of an employer approved under section 7 must provide training for a period of not less than six months in an occupation in a growth industry, in an occupation requiring the use of new technological skills, or in an occupation for which demand for labor exceeds supply. (2) A program of job training providing training for a period of at least three but less than six months may be approved if the Admin- istrator determines (in accordance with standards which the Admin- istrator shall prescribe) that the purpose of this Act would be met through that program. (b) Subject to section 10 and the other provisions of this Act, a veteran who has been approved for participation in a program of job training under this Act and has a current certificate of eligibility for such participation may enter a program of job training that has been approved under section 7 and that is offered to the veteran by the employer. APPROVAL OF EMPLOYER PROGRAMS SEC. 7. (a)(1) An employer may be paid assistance under section 8(a) on behalf of an eligible veteran employed by such employer and participating in a program of job training offered by that employer only if the program is approved under this section and in accordance with such procedures as the Administrator may by regulation prescribe. (2) Except as provided in subsection (b), the Administrator shall approve a proposed program of job training of an employer unless the Administrator determines that the application does not contain a certification and other information meeting the requirements established under this section or that withholding of approval is warranted under subsection (g). Occupational criteria. 29 USC 1721 note. 29 USC 1721 note.

�


text:
Page:United States Statutes at Large Volume 97.djvu/478

 97 STAT. 446 PUBLIC LAW 98-77 —AUG. 15, 1983 Employment (b) The Administrator may not approve a program of job restrictions. training— (1) for employment which consists of seasonal, intermittent, or temporary jobs; (2) for employment under which commissions are the primary source of income; (3) for employment which involves political or religious activities; (4) for employment with any department, agency, instrumen- tality, or branch of the Federal Government (including the United States Postal Service and the Postal Rate Commission); or (5) if the training will not be carried out in a State. Application by (c) An employer offering a program of job training that the employer. employer desires to have approved for the purposes of this Act shall submit to the Administrator a written application for such approval. Such application shall be in such form as the Administrator shall prescribe. Required (d) An application under subsection (c) shall include a certification e^ l?e?°'' ^y *^® employer of the following: ®TM^^^' (1) That the employer is planning that, upon a veteran's completion of the program of job training, the employer will employ the veteran in a position for which the veteran has been trained and that the employer expects that such a position will be available on a stable and permanent basis to the veteran at the end of the training period. (2) That the wages and benefits to be paid to a veteran participating in the employer's program of job training will be not less than the wages and benefits normally paid to other employees participating in a comparable program of job training. (3) That the employment of a veteran under the program— (A) will not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits); and (B) will not be in a job (i) while any other individual is on layoff from the same or any substantially equivalent job, or (ii) the opening for which was created as a result of the employer having terminated the employment of any regu- lar employee or otherwise having reduced its work force with the intention of hiring a veteran in such job under this Act. (4) That the employer will not employ in the program of job training a veteran who is already qualified by training and experience for the job for which training is to be provided. (5) That the job which is the objective of the training program is one that involves significant training. (6) That the training content of the program is adequate, in light of the nature of the occupation for which training is to be provided and of comparable training opportunities in such occu- pation, to accomplish the training objective certified under clause (2) of subsection (e). (7) That each participating veteran will be employed full time in the program of job training. (8) That the training period under the proposed program is not longer than the training periods that employers in the

�


text:
Page:United States Statutes at Large Volume 97.djvu/479

 PUBLIC LAW 98-77 —AUG. 15, 1983 97 STAT. 447 community customarily require new employees to complete in order to become competent in the occupation or job for which training is to be provided. (9) That there are in the training establishment or place of employment such space, equipment, instructional material, and instructor personnel as needed to accomplish the training objec- tive certified under clause (2) of subsection (e). (10) That the employer will keep records adequate to show the progress made by each veteran participating in the program and otherwise to demonstrate compliance with the require- ments established under this Act. (11) That the employer will furnish each participating veteran, before the veteran's entry into training, with a copy of the employer's certification under this subsection and will obtain and retain the veteran's signed acknowledgment of having received such certification. (12) That the program meets such other criteria as the Administrator may determine are essential for the effective implementation of the program established by this Act. (e) A certification under subsection (d) shall include— (1) a statement indicating (A) the total number of hours of participation in the program of job training to be offered a veteran, (B) the length of the program of job training, and (C) the starting rate of wages to be paid to a participant in the program; and (2) a description of the training content of the program (in- cluding any agreement the employer has entered into with an educational institution under section 8) and of the objective of the training. (fKD Except as specified in paragraph (2), each matter required to be certified to in paragraphs (1) through (11) of subsection (d) shall be considered to be a requirement established under this Act. (2)(A) For the purposes of section 8(c), only matters required to be certified in paragraphs (1) through (10) of subsection (d) shall be so considered. (B) For the purposes of section 11, a matter required to be certified under paragraph (12) of subsection (d) shall also be so considered. (g) In accordance with regulations which the Administrator shall Regulations. prescribe, the Administrator may withhold approval of an em- ployer's proposed program of job training pending the outcome of an investigation under section 12 and, based on the outcome of such an investigation, may disapprove such program. (h) For the purposes of this section, approval of a program of apprenticeship or other on-job training for the purposes of section 1787 of title 38, United States Code, shall be considered to meet all requirements established under this Act for approval of a program of job training. PAYMENTS TO EMPLOYERS; OVERPAYMENT SEC. 8. (a)(1) Except as provided in paragraph (3) and subsection (b) and subject to the provisions of section 9, the Administrator shall make quarterly payments to an employer of a veteran participating in an approved program of job training under this Act. Subject to section 5(c) and paragraph (2), the amount paid to an employer on behalf of a veteran for any period of time shall be 50 percent of the product of (A) the starting hourly rate of wages pgdd to the 29 USC 1721 note.

�


text:
Page:United States Statutes at Large Volume 97.djvu/480

 97 STAT. 448 PUBLIC LAW 98-77 —AUG. 15, 1983 Certification. Liability to U.S. Overpayment recovery. I veteran by the employer (without regard to overtime or premium pay), and (B) the number of hours worked by the veteran during that period. (2) The total amount that may be paid to an employer on behalf of a veteran participating in a program of job training under this Act is $10,000. (3) In order to relieve financial burdens on business enterprises with relatively few numbers of employees, the Administrator may make payments under this Act on a monthly, rather than quarterly, basis to an employer with a number of employees less than a number which shall be specified in regulations which the Adminis- trator shall prescribe for the purposes of this paragraph. (b) Payment may not be made to an employer for a period of training under this Act on behalf of a veteran until the Administra- tor has received— (1) from the veteran, a certification that the veteran was employed full time by the employer in a program of job training during such period; and (2) from the employer, a certification— (A) that the veteran was employed by the employer during that period and that the veteran's performance and progress during such period were satisfactory; and (B) of the number of hours worked by the veteran during that period. With respect to the first such certification by an employer with respect to a veteran, the certification shall indicate the date on which the employment of the veteran began and the starting hourly rate of wages paid to the veteran (without regard to overtime or premium pay). (c)(1)(A) Whenever the Administrator finds that an overpayment under this Act has been made to an employer on behalf of a veteran as a result of a certification, or information contained in an applica- tion, submitted by an employer which was false in any material respect, the amount of such overpayment shall constitute a liability of the employer to the United States. (B) Whenever the Administrator finds that an employer has failed in any substantial respect to comply for a period of time with a requirement established under this Act (unless the employer's fail- ure is the result of false or incomplete information provided by the veteran), each amount paid to the employer on behalf of a veteran for that period shall be considered to be an overpayment under this Act, and the amount of such overpayment shall constitute a liability of the employer to the United States. (2) Whenever the Administrator finds that an overpayment under this Act has been made to an employer on behalf of a veteran as a result of a certification by the veteran, or as a result of information provided to an employer or contained in an application submitted by the veteran, which was willfully or negligently false in any material respect, the amount of such overpayment shall constitute a liability of the veteran to the United States. (3) Any overpayment referred to in paragraph (1) or (2) may be recovered in the same manner as any other debt due the United States. Any overpayment recovered shall be credited to funds availa- ble to make payments under this Act. If there are no such funds, any overpayment recovered shall be deposited into the Treasury.

�


text:
Page:United States Statutes at Large Volume 97.djvu/481

 PUBLIC LAW 98-77 —AUG. 15, 1983 97 STAT. 449 (4) Any overpayment referred to in paragraph (1) or (2) may be Waiver. waived, in whole or in part, in accordance with the terms and conditions set forth in section 3102 of title 38, United States Code. ENTRY INTO PROGRAM OF JOB TRAINING SEC. 9. Notwithstanding any other provision of this Act, the Administrator may withhold or deny approval of a veteran's entry into an approved program of job training if the Administrator determines that funds are not available to make payments under this Act on behalf of the veteran to the employer offering that program. Before the entry of a veteran into an approved program of job training of an employer for purposes of assistance under this Act, the employer shall notify the Administrator of the employer's intention to employ that veteran. The veteran may begin such program of job training with the employer two weeks after the notice is transmitted to the Administrator unless within that time the employer has received notice from the Administrator that approval of the veteran's entry into that program of job training must be withheld or denied in accordance with this section. 29 USC 1721 note. Notification to Administrator. PROVISION OF TRAINING THROUGH EDUCATIONAL INSTITUTIONS SEC. 10. An employer may enter into an agreement with an educational institution that has been approved for the enrollment of veterans under chapter 34 of title 38, United States Code, in order that such institution may provide, a program of job training (or a portion of such a program) under this Act. When such an agreement has been entered into, the application of the employer under section 7 shall so state and shall include a description of the training to be provided under the agreement. 29 USC 1721 note. 38 USC 1651 et seq. DISCONTINUANCE OF APPROVAL OF PARTICIPATION IN CERTAIN EMPLOYER PROGRAMS SEC. U. If the Administrator finds at any time that a program of job training previously approved by the Administrator for the pur- poses of this Act thereafter fails to meet any of the requirements established under this Act, the Administrator may immediately disapprove further participation by veterans in that program. The Administrator shall provide to the employer concerned, and to each veteran participating in the employer's program, a statement of the reasons for, and an opportunity for a hearing with respect to, such disapproval. The employer and each such veteran shall be notified of such disapproval, the reasons for such disapproval, and the opportu- nity for a hearing. Notification shall be by a certified or registered letter, and a return receipt shall be secured. 29 USC 1721 note. Notification to employer and veteran; hearing. INSPECTION OF RECORDS; INVESTIGATIONS SEC. 12. (a) The records and accounts of employers pertaining to veterans on behalf of whom assistance has been paid under this Act, as well as other records that the Administrator determines to be necessary to ascertain compliance with the requirements estab- lished under this Act, shall be available at reasonable times for examination by authorized representatives of the Federal Government. 29 USC 1721 note. 11-194O-85—16:QL3

�


text:
Page:United States Statutes at Large Volume 97.djvu/482

 97 STAT. 450 PUBLIC LAW 98-77 —AUG. 15, 1983 Agreement with Labor Department. (b) The Administrator may monitor employers and veterans par- ticipating in programs of job training under this Act to determine compHance with the requirements established under this Act. (c) The Administrator may investigate any matter the Adminis- trator considers necessary to determine compliance with the requirements established under this Act. The investigations authorized by this subsection may include examining records (in- cluding making certified copies of records), questioning employees, and entering into any premises or onto any site where any part of a program of job training is conducted under this Act, or where any of the records of the employer offering or providing such program are kept. (d) The Administrator may administer functions under subsec- tions (b) and (c) in accordance with an agreement between the Administrator and the Secretary providing for the administration of such subsections (or any portion of such subsections) by the Depart- ment of Labor. Under such an agreement, any entity of the Depart- ment of Labor specified in the agreement may administer such subsections, notwithstanding section 4(b). 29 USC 1721 note. 38 USC 1501, 1601, 1651, 1700, 1770. 96 Stat. 1322. COORDINATION WITH OTHER PROGRAMS SEC. 13. (a)(1) Assistance may not be paid under this Act to an employer on behalf of a veteran for any period of time described in paragraph (2) and to such veteran under chapter 31, 32, 34, 35, or 36 of title 38, United States Code, for the same period of time. (2) A period of time referred to in paragraph (1) is the period of time beginning on the date on which the veteran enters into an approved program of job training of an employer for purposes of assistance under this Act and ending on the last date for which such assistance is payable. (b) Assistance may not be paid under this Act to an employer on behalf of an eligible veteran for any period if the employer receives for that period any other form of assistance on account of the training or employment of the veteran, including assistance under the Job Training Partnership Act (29 U.S.C. 1501 et seq.) or a credit under section 44B of the Internal Revenue Code of 1954 (26 U.S.C. 44B) (relating to credit for employment of certain new employees). (c) Assistance may not be paid under this Act on behalf of a veteran who has completed a program of job training under this Act. 29 USC 1721 note. COUNSELING SEC. 14. The Administrator and the Secretary may, upon request, provide employment counseling services to any veteran eligible to participate under this Act in order to assist such veteran in select- ing a suitable program of job training under this Act. 29 USC 1721 note. 38 USC 1501, 1651, 1770, 2000, 2011. INFORMATION AND OUTREACH; USE OF AGENCY RESOURCES SEC. 15. (a)(1) The Administrator and the Secretary shall jointly provide for an outreach and public information program— (A) to inform veterans about the employment and job training opportunities available under this Act, under chapters 31, 34, 36, 41, and 42 of title 38, United States Code, and under other provisions of law; and

�


text:
Page:Second Geological Survey of Pennsylvania Report of Progress PPP.djvu/17

 1880.—Professor R. P. Whitfield in 1880 (Am. Jour. Sci., vol. xix) described three allied species from the Devonian of Ohio and established the genus, which is to include also, the species Ceratiocaris (Aristozoe) punctatus, Hall.

The present paper furnishes one new species belonging to the genus and two related genera considered as new to science, under which are described four species.

Besides the crustaceans of the type of, Professor J. M. Clarke has shown (Am. Jour. Sci., Vols. xxiii and xxv, 1882–3,) that the Devonian series furnishes another distinct but allied group belonging to the prototype , Woodward. For the reception of these species he has erected the genera and.

1883.—In "A Monorgraph of the North American Phillopod Crustacea," Dr. A. S. Packard reviews the genera of the family ceratiocaridiæ and enumerates the described species.

In the use of descriptive terms for the different members of these crustaceans, it has been deemed advisable to adhere to the established nomenclature, with perhaps a few slight introductions and variations. The terminology used is explained by the following diagram.

It has been suggested that the so-called "optic spots" of McCoy and other authors may only be frontal bosses, and not connected with vision. In recent forms such as Apus there are three eyes one of which is double [Baird], other genera show one (double) or two. In the species furnished with a rostrum the eyes were probably stalked. None of the genera of the present paper have yielded any evidence of a rostral plate, and it is doubtful if such an appendage will be discovered. The tubercle, as indicated above, is one of the most constant features of the carapace in all of the species and must have a special significance. In a number of specimens examined, by the writer, under the microscope a subcircular depression is observed at or


text:
Page:United States Statutes at Large Volume 97.djvu/483

 PUBLIC LAW 98-77 —AUG. 15, 1983 97 STAT. 451 (B) to inform private industry and business concerns (includ- ing small business concerns), public agencies and organizations, educational institutions, trade associations, and labor unions about the job training opportunities available under, and the advantages of participating in, the program established by this Act. (2) The Secretary, in consultation with the Administrator, shall promote the development of employment and job training opportu- nities for veterans by encouraging potential employers to make programs of job training under this Act available for eligible veterans, by advising other appropriate Federal departments and agencies of the program established by this Act, and by advising employers of applicable responsibilities under chapters 41 and 42 of title 38, United States Code, with respect to veterans. (b) The Administrator and the Secretary shall coordinate the outreach and public information program under subsection (a)(1), and job development activities under subsection (a)(2), with job counseling, placement, job development, and other services provided for under chapters 41 and 42 of title 38, United States Code, and with other similar services offered by other public agencies and organizations. (c)(1) The Administrator and the Secretary shall make available in regional and local offices of the Veterans' Administration and the Department of Labor such personnel as are necessary to facilitate the effective implementation of this Act. (2) In carrying out the responsibilities of the Secretary under this Act, the Secretary shall make maximum use of the services of State and Assistant State Directors for Veterans' Employment, disabled veterans' outreach program specialists, and employees of local offices appointed pursuant to sections 2003, 2003A, and 2004 of title 38, United States Code. The Secretary shall also use such resources as are available under part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.). To the extent that the Administrator withholds approval of veterans' applications under this Act pursuant to section 5(b)(2)(B), the Secretary shall take steps to assist such veterans in taking advantage of opportunities that may be available to them under title III of that Act or under any other program carried out with funds provided by the Secretary. (d) The Secretary shall request and obtain from the Administrator of the Small Business Administration a list of small business con- cerns and shall, on a regular basis, update such list. Such list shall be used to identify and promote possible training and employment opportunities for veterans. (e) The Administrator and the Secretary shall assist veterans and employers desiring to participate under this Act in making applica- tion and completing necessary certifications. 38 USC 2000 et seq., 2011 et seq. 96 Stat. 1437. 96 Stat. 1380. 29 USC 1721. 96 Stat. 1364. 29 USC 1651. Small business opportunities. Application and certification assistance. AUTHORIZATION OF APPROPRIATIONS SEC. 16. There is authorized to be appropriated to the Veterans' Administration $150,000,000 for each of fiscal years 1984 and 1985 for the purpose of making payments to employers under this Act and for the purpose of section 18 of this Act. Amounts appropriated pursuant to this section shall remain available until September 30, 1986. 29 USC 1721 note.

�


text:
Page:United States Statutes at Large Volume 97.djvu/484

 97 STAT. 452 PUBLIC LAW 98-77 —AUG. 15, 1983 29 USC 1721 note. TERMINATION OF PROGRAM SEC. 17. (a) Except as provided under subsection (b), assistance may not be paid to an employer under this Act— (1) on behalf of a veteran who applies for a program of job training under this Act after September 30, 1984; or (2) for any such program which begins after December 31, 1984. (b) If funds are not both appropriated under section 16 and made available by the Director of the Office of Management and Budget to the Veterans' Administration on or before October 1, 1983, for the purpose of making payments to employers under this Act, assistance may be paid to an employer under this Act on behalf of a veteran if the veteran— (1) applies for a program of job training under this Act within one year after the date on which funds so appropriated are made available to the Veterans' Administration by the Director; and (2) begins participation in such program within fifteen months after such date. Vocational education program. 29 USC 1721 note. EXPANSION OF TARGETED DELIMITING DATE EXTENSION SEC. 18. (a) Subject to the limitation on the availability of funds set forth in subsection (b), an associate degree program which is pre- dominantly vocational in content may be considered by the Admin- istrator, for the purposes of section 1662(a)(3) of title 38, United States Code, to be a course with an approved vocational objective if such degree program meets the requirements established in such title for approval of such program. (b) Funds for the purpose of carrying out subsection (a) shall be derived only from amounts appropriated pursuant to the authoriza- tions of appropriations in section 16. Not more than a total of $25,000,000 of amounts so appropriated for fiscal years 1984 and 1985 shall be available for that purpose. 29 USC 1721 note. EFFECTIVE DATE SEC. 19. This Act shall take effect on October 1, 1983. Approved August 15, 1983. LEGISLATIVE HISTORY—H.R. 2355 (S. 1033): HOUSE REPORT No. 98 -116 (Comm. on Veterans' Affairs). SENATE REPORT No. 98-132 accompanying S. 1033 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 129 (1983): June 6, 7, considered and passed House. June 15, considered and passed Senate, amended, in lieu of S. 1033. Aug. 2, House concurred in Senate amendments with amendments. Aug. 3, Senate concurred in House amendments.

�


text:
Page:United States Statutes at Large Volume 97.djvu/485

 PUBLIC LAW 98-78—AUG. 15, 1983 97 STAT. 453 Public Law 98-78 98th Congress An Act Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1984, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1984, and for other purposes, namely: TITLE I—DEPARTMENT OF TRANSPORTATION Aug. 15, 1983 [H.R. 8329] Department of Transportation and Related Agencies Appropriations Act, 1984. OFFICE OF THE SECRETARY SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary of Transpor- tation, including not to exceed $36,500 for allocation within the Department of official reception and representation expenses as the Secretary may determine, $41,275,000, of which $4,000,000 shall remain available until expended and shall be available for the purposes of the Minority Business Resource Center as authorized by 49 U.S.C. 332: Provided, That, notwithstanding any other provision of law, funds available for the purposes of the Minority Business Resource Center in this or any other Act, may be used for business opportunities related to any mode of transportation. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $4,878,000. LIMITATION ON WORKING CAPITAL FUND Necessary expenses for operating costs and capital outlays of the Department of Transportation Working Capital Fund not to exceed $67,974,000 shall be paid, in accordance with law, from appropri- ations made available by this Act and prior appropriation Acts to the Department of Transportation, together with advances and reimbursements received by the Department of Transportation.

�


text:
Page:United States Statutes at Large Volume 97.djvu/486

 97 STAT. 454 PUBLIC LAW 98-78 —AUG. 15, 1983 COAST GUARD OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed one new ambulance and eight passenger motor vehicles, for replace- ment only; and recreation and welfare, $1,656,256,000, together with $12,550,000 to be derived from the appropriation for "Retired pay", of which $263,544 shall be applied to Capehart Housing debt reduc- 14 USC 92 note, tion: Provided, That the number of aircraft on hand at any one time shall not exceed two hundred and ten exclusive of planes and parts stored to meet future attrition: Provided further. That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commis- Yacht sioners in the United States: Provided further. That none of the documentation. funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 103 except to the extent fees are collected from yacht owners and credited to this appropri- ation, and, notwithstanding any other law, the Secretary may pre- scribe fees to recover the expenses of yacht documentation. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; to remain available until September 30, 1988, $369,000,000. ALTERATION OF BRIDGES For necessary expenses for alteration or removal of obstructive bridges, $8,600,000, to remain available until expended. RETIRED PAY For retired pay including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care 10 USC 1071 et Act (10 U.S.C. ch. 55), $341,300,000. seq. RESERVE TRAINING For all necessary expenses for the Coast Guard Reserve, as au- thorized by law; maintenance and operation of facilities; and sup- plies, equipment, and services, $54,805,000. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; main- tenance, rehabilitation, lease, and operation of facilities and equip- ment, as authorized by law, $22,500,000, to remain available until expended: Provided, That there may be credited to this appropri-

�


text:
Page:United States Statutes at Large Volume 97.djvu/487

 Ocean dumping surveillance. PUBLIC LAW 98-78 —AUG. 15, 1983 97 STAT. 455 ation, funds received from State and local governments, other public authorities, private sources and foreign countries for expenses in- curred for research, development, testing and evaluation: Provided further, That $500,000 of this appropriation shall be available only for the development and testing of a sealed electronic ocean dump- ing surveillance system to assist the Coast Guard in conducting enforcement and surveillance activities pursuant to title I of the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1401 et seq.). OFFSHORE OIL POLLUTION COMPENSATION FUND For necessary expenses to carry out the provisions of title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Public Law 95-372), such sums as may be necessary, to be derived from the 43 USC 1811. Offshore Oil Pollution Compensation Fund and to remain available until expended. In addition, the Secretary of Transportation is authorized to issue to the Secretary of the Treasury, to meet the obligations of the Fund, notes or other obligations pursuant to section 302 of the Amendments in such amounts and at such times 43 USC 1812. as may be necessary: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $60,000,000 in fiscal year 1984 for the "Offshore Oil Pollution Compensation Fund". DEEPWATER PORT LIABILITY FUND For necessary expenses to carry out the provisions of section 18 of the Deepwater Port Act of 1974 (Public Law 93-627), $1,000,000, to 33 USC 1517. be derived from the Deepwater Port Liability Fund and to remain available until expended. In addition, the Secretary of Transporta- 33 USC I5i7a. tion is authorized to issue, and the Secretary of the Treasury is authorized to purchase, without fiscal year limitation, notes or other obligations pursuant to section 18(f)(3) of the Act in such amounts and at such times as may be necessary to meet the obligations of the Fund: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $50,000,000 in fiscal year 1984 for the "Deep- water Port Liability Fund". NATIONAL RECREATIONAL BOATING SAFETY AND FACILITIES IMPROVEMENT FUND (LIQUIDATION OF CONTRACT AUTHORIZATION) For payment of obligations incurred for recreational boating safety assistance under Public Law 92-75, as amended, $12,500,000, to be derived from the National Recreational Boating Safety and Facilities Improvement Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs, the obligations for which are in excess of $12,500,000 in fiscal year 1984 for recre- ational boating safety assistance: Provided further, That no obliga- tions may be incurred for the improvement of recreational boating facilities. 46 USC 1451 note.

�


text:
Page:United States Statutes at Large Volume 97.djvu/488

 97 STAT. 456 PUBLIC LAW 98-78 —AUG. 15, 1983 FEDERAL AVIATION ADMINISTRATION HEADQUARTERS ADMINISTRATION For necessary expenses, not otherwise provided for, of providing administrative services at the headquarters location of the Federal Aviation Administration, including but not limited to accounting, budgeting, personnel, legal, public affairs, and executive direction for the Federal Aviation Administration, $56,900,000: Provided, That the Secretary of Transportation is authorized to transfer appropriated funds between this appropriation and the Federal Aviation Administration appropriation for Operations: Provided fur- ther, That this appropriation shall be neither increased nor de- creased by more than 7.5 per centum by any such transfers: Pro- Report to vided further. That any such transfers shall be reported to the congressional Committees on Appropriations. committees. ^'^ ^ OPERATIONS (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway 49 USC app. 1701 Development Act, as amended, or other provisions of law author- note, izing obligation of funds for similar programs of airport and airway development or improvement; purchase of four passenger motor vehicles for replacement only and purchase and repair of skis and snowshoes, $2,500,000,000: Provided, That there may be credited to this appropriation, funds received from States, counties, municipal- ities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facili- ties: Provided further, That none of these funds shall be available for new applicants for the second career training program: Provided further, That the unexpended balances of the appropriations, "Federal Aviation Administration Safety Regulation" and "Federal Aviation Administration Research and Development" shall be trans- ferred to this appropriation and remain available until expended. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for acquisi- tion, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisi- tion of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote local- ities where such accommodations are not available, and the lease or purchase of six aircraft; to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1988, $750,000,000: Provided, That there may be credited to this appropri- ation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities.

�