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 PUBLIC LAW 97-21—JULY 9, 1981

95 STAT. l U

LEGISLATIVE IMMUNITY SECTION 8.

A Senator may not be held to answer in any place except the Senate for a statement made in any Senate proceeding. A Senator shall, except in cases of treason, felony, or breach of the peace, be privileged from arrest during attendance at a session of the Senate and in going to and returning from same.

48 USC 1541 note.

ORGANIZATION AND PROCEDURE

9. A majority of the Senate shall constitute a quorum. The Senate shall have all authority inherent in a legislative assembly; shall be the sole judge of the election and qualifications of its members, and shall have the power to institute and conduct investigations, issue subpoenas, and administer oaths. The Senate, upon the vote of three-fourths of its members, may discipline any member for cause. The Senate shall keep a daily journal of its proceedings, which shall include a record of all votes and shall be published within thirty days. SECTION

48 USC 1541 note.

REGULAR AND SPECIAL SESSIONS

10. (a) Regular sessions of the Senate shall be held in the capital of the Virgin Islands beginning on the first Monday following the first Tuesday in January of each year. (b) A special session of the Senate may be called by the Governor or by the President of the Senate upon request of one-third of its members. Until the business specified in the call has been acted upon, no other business shall be considered at a special session. (c) All sessions of the Senate shall be open to the public. SECTION

48 USC 1541 note.

ENACTMENT OF LAWS

11. (a) A law may be enacted only by bill, and a bill shall not be enacted unless it is written, read, and passed by a majority of the members present and voting on the question. Ob) Each bill passed by the Senate shall be presented to the Governor. If the Governor signs or fails to return a bill within ten working days of presentation, it shall become law. If the Governor vetoes a bill, it shall be returned to the Senate within ten working days of its presentation with a statement of reasons for the veto. The Governor may veto an item of an appropriation bill and sign the remainder of the bill, in which event the vetoed item shall be returned to the Senate within ten working days of its presentation with reasons for the veto. (c) A bill or item of an appropriation bill vetoed by the Governor may be considered by the Senate upon the motion of any Senator within thirty days of its return and shall become law as originally passed upon a vote of two-thirds of the members of the Senate. SECTION

48 USC 1541 note.

IMPEACHMENT

12. The Senate may impeach any elected official for cause upon a vote of two-thirds of its members. The appellate court shall determine, by a two-thirds vote, whether to remove from office an elected public official impeached by the Senate, and a person so removed shall not be immune from criminal charges or civil action. SECTION

48 USC 1541 note.

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 95 STAT. 112

PUBLIC LAW 97-21—JULY 9, 1981 ARTICLE V L EXECUTIVE BRANCH EXECUTIVE POWER

48 USC 1541 "°^^

1. The executive power of the Virgin Islands is vested in the Governor. SECTION

ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR

48 USC 1541 "° ®

2. The Governor and Lieutenant Governor shall be elected bythequalified voters of the Virgin Islands and shall serve for a term of four years. Each qualified voter shall cast a single vote for Governor and Lieutenant Governor, who shall be elected upon receiving a majority of the votes cast. Runoff elections shall be as provided by law. A Governor may not serve more than two successive full terms and may not serve as Lieutenant Governor immediately following two successive full terms. SECTION

QUALIFICATIONS FOR GOVERNOR AND LIEUTENANT GOVERNOR

48 USC 1541 ^°^-

3. The Governor and Lieutenant Governor each shall be— (a) a United States citizen, (b) a Virgin Islands citizen, (c) a qualified voter of the Virgin Islands, (d) at least thirty-five years of age, and (e) a domiciliary of the Virgin Islands for fifteen years, five of which must immediately precede the date of taking office.

SECTION

POWERS AND DUTIES OF THE GOVERNOR

48 USC 1541 ^°^^-

4. (a) The Governor shall supervise the executive branch and shall be responsible for the faithful execution of the laws of the Virgin Islands. (b) The Governor shall appoint, with the advice and consent of the Senate, and may remove the heads of all executive branch departments. The Governor shall appoint and may remove all other employees of the executive branch subject to law. (c) The Governor shall report annually to the Senate on the state of Virgin Islands affairs and, at any time, may recommend bills or other measures. (d) The Governor shall prepare and submit to the Senate, at a time prescribed by law, a budget for the ensuing fiscal year. The budget shall state the estimated funds available for appropriation and the estimated receipts, expenditures, and obligations for every department, agency, and Government instrumentality. The budget shall state the public debt and contingent liabilities and shall include other information as may be required by law. (e) The Governor shall have the power to issue executive orders consistent with law. (f) Except in cases of impeachment, the Governor shall have the power to grant reprieves, commutations, pardons, and to remit fines and forfeitures. Each exercise of this power shall be reported to the Senate. (g) In the event of a natural disaster, invasion, or insurrection, or imminent danger thereof, the Governor may call out the militia or, when the public safety requires, proclaim martial law. Upon such proclamation, the Senate shall meet forthwith and may, upon the affirmative vote of two-thirds of its members, revoke the proclamation of martial law then or at any other time. During an SECTION

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95 STAT. 113

emergency, the Governor may order the executive branch to be moved temporarily. POWERS AND DUTIES OF THE LIEUTENANT GOVERNOR

5. The Lieutenant Governor shall have custody of the seal 48 USC i54i of the Virgin Islands, shall countersign and affix the seal to official "° ® documents, shall record and preserve the laws of the Virgin Islands, and shall have additional duties as may be assigned by the Governor or provided by law. SECTION

OFFICIAL R E S I D E N C E

6. The official residence of the Governor shall be in the 48 USC I54i capital of the Virgin Islands. The Governor and Lieutenant Governor "°^® shall be provided appropriate rent-free residences. SECTION

RESTRICTIONS ON ACTIVITIES

7. The Governor and Lieutenant Governor shall devote full 48 USC 1541 time to their duties. While in office, neither shall practice a trade or " profession for profit or, unless authorized by law, hold any public position. SECTION

ORDER OF SUCCESSION

8. The order of succession to the office of Governor and to 48 USC 1541 the office of Lieutenant Governor shall be: the President of the ^°*^ Senate, Vice-President of the Senate, and such other public official of the Virgin Islands as may be designated by law. SECTION

DISABILITY OF THE GOVERNOR OR LIEUTENANT GOVERNOR

9. (a) The Governor or Lieutenant Governor shall declare a 48 USC 1541 disability to discharge the duties of office by transmitting to the ^°Senate a written declaration of disability. In the event of the temporary disability of the Governor, the Lieutenant Governor shall act as Governor. If the Lieutenant Governor is unable to act as Governor, the next available person in the order of succession shall act as Governor. In the event of the temporary disability of the Lieutenant Governor, the next available person in the order of succession shall act as Lieutenant Governor. The Governor or Lieutenant Governor shall resume office upon submitting a written declaration of termination of the disability. (b) Upon the affirmative vote of two-thirds of its members, the Senate may raise the question of the temporary or permanent disability of the Governor or Lieutenant Governor. The appellate court shall determine all questions raised by the Senate or otherwise raised, as provided by law, with respect to the temporary or permanent disability of the Governor or Lieutenant Governor. If the Governor or Lieutenant Governor is determined by the appellate court to be permanently disabled, the office shall be declared vacant. (c) In the event of a permanent disability of the Governor-elect, the office shall be declared vacant and the vacancy shall be filled by a special election to be held within sixty days of the declaration of the disability. (d) In the event of the permanent disability of the Lieutenant Governor-elect the office shall be declared vacant, and the Governor, with the advice and consent of the Senate, shall appoint a qualified person to fill the vacancy. SECTION

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 95 STAT. 114

PUBLIC LAW 97-21—JULY 9, 1981 PERMANENT VACANCY IN THE OFFICE OF GOVERNOR OR UEUTENANT GOVERNOR

48 USC 1541 note.

10. (a) In the event of a permanent vacancy in the office of Governor, the Lieutenant Governor shall become Governor, (b) In the event of a permanent vacancy in the office of Lieutenant Governor, the Governor shall appoint a qualified person within fortyfive days who, upon confirmation by the Senate, shall become Lieutenant Governor. Until such a permanent appointment is made and confirmed, the next available person in the order of succession shall act as Lieutenant Governor. (c) If simultaneous vacancies occur in the offices of Governor and Lieutenant Governor and more than one year remains in the unexpired term of office, a special election shall be held within sixty days to fill both offices. Between the occurrence of the vacancies and the election of successors, the offices of Governor and Lieutenant Governor respectively shall be filled by the next two available persons in the order of succession. (d) If vacancies occur in the positions of both Governor-elect and Lieutenant Governor-elect, a special election shall be held within sixty days to fill both vacancies. The incumbent Governor and Lieutenant Governor shall remain in office until such election is held in accordance with law. SECTION

EXECUTIVE BRANCH DEPARTMENTS 48 USC 1541 note.

11. (a) The functions, powers, and duties of the executive branch offices, agencies, and instrumentalities shall be as provided by law. These shall be organized, as far as practicable, in departments according to major purposes. Independent, regulatory, quasi-judicial, and temporary offices, agencies, and instrumentalities need not be attached to a department. (b) The Governor by executive order may make such changes in the functions, powers, and duties of offices, agencies, and instrumentalities as are considered necessary for efficient administration. Any changes that are inconsistent with law shall be presented to the Senate and, unless modified or disapproved by a majority of the members, shall become effective sixty days after presentation. (c) The head of the department of law shall be the Attorney General, who shall prosecute all violations of laws in the name of the people of the Virgin Islands. The Attorney General shall be a citizen of the United States and the Virgin Islands and licensed to practice law in the Virgin Islands for at least five years. SECTION

ARTICLE VII. JUDICIAL BRANCH JUDICIAL POWER 48 USC 1541 note.

1. The judicial power of the Virgin Islands shall be vested in an appellate court and in such lower courts as may be created by law. SECTION

APPELLATE COURT 48 USC 1541 note.

2. The appellate court shall consist of not less than three judges, and shall have appellate jurisdiction over all cases arising under this Constitution and such other appellate and original jurisdiction as may be provided by law. Decisions of the appellate court on questions arising under this Constitution and the laws of the Virgin Islands shall be final, except as Federal law may provide for review of SECTION

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95 STAT. 115

such decisions by the United States Supreme Court. Decisions of the appellate court on questions arising under the United States Constitution or laws or treaties of the United States may be appealed to the United States Court of Appeals for the Third Circuit, unless otherwise provided by the Congress of the United States. JUDICIAL NOMINATING COMMITTEE

3. There shall be a Judicial Nominating Committee established by law whose members shall be nominated by the Governor with the advice and consent of the Senate, All judges shall be appointed by the Governor with the advice and consent of the Senate, but no person shall be appointed as a judge who has not been nominated by the Judicial Nominating Committee. SECTION

48 USC 1541 note.

JUDICIAL MISCONDUCT AND DISABILITY

4. There shall be a judicial commission established by law with the power to discipline, censure, suspend, remove for misconduct, or retire for disability any judge of any court established by law. Any decision of the judicial commission shall be appealable in a manner as provided by law. The position of any judge suffering permanent disability shall be filled in accordance with law. SECTION

48 USC 1541 note.

TERM

5. The regular term of a judge of any court of the Virgin Islands shall be eight years. SECTION

48 USC 1541 note.

QUALIFICATIONS

6. A judge shall— (a) be a citizen of the United States and the Virgin Islands; (b) be a domiciliary of the Virgin Islands for not less than five years immediately preceding his appointment; (c) have been licensed to practice law in the Virgin Islands for not less than four years immediately preceding his appointment; and (d) for appointment to the appellate court of the Virgin Islands, have practiced law for not less than ten years, and for appointment to any lower court, have practiced law for not less than five years.

SECTION

48 USC 1541 note.

COMPENSATION

7. The salary and allowances of a judge shall be provided by law, and may not be decreased during his tenure. SECTION

48 USC 1541 note.

RESTRICTION ON ACTIVITIES

8. No person who holds a judicial office in the Virgin Islands shall hold any other paid office, engage in the practice of law, or in the pursuit of business. Any judge who files or announces his candidacy for elective office shall thereby forfeit his judicial office. SECTION

48 USC 1541 note.

RULEMAKING POWER

9. The appellate court shall adopt rules with respect to judicial matters, including temporary disability, civil and criminal SECTION

48 USC 1541 note.

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 95 STAT. 116

PUBLIC LAW 97-21—JULY 9, 1981 procedure, judicial ethics, and admission to, governance of and expulsion from the practice of law. ADMINISTRATION

48 USC 1541 ^^^^-

10. The chief judge of the appellate court of the Virgin Islands shall be responsible for the administration of that court. Administration of any lower court shall be as provided by law. SECTION

ARTICLE VII L LOCAL GOVERNMENT -

48 USC 1541 "°*®

POLITICAL SUBDIVISIONS; CREATION, POWERS

1. The Senate may create political subdivisions within the Virgin Islands and provide for the government thereof. The Senate may create a political subdivision embodying each major island, but may not create a political subdivision within any of the islands, except with the approval of a majority of the voters voting on the question on the island which is to be subdivided. Each political subdivision shall have and exercise such powers as shall be conferred by law. SECTION

LOCAL S E L F - G O V E R N M E N T; CHARTER

48 USC 1541 "°*^

2. Each political subdivision shall have the power to frame and adopt a charter for its own self-government within such limits and under such procedures as may be provided by law. SECTION

TAXATION AND FINANCE

48 USC 1541 "°^^

3. (a) The power to tax shall be reserved to the Senate, but a political subdivision may petition the Senate to impose a tax to be utilized by said political subdivision, (b) The Senate shall have the power to apportion revenues among the political subdivisions. SECTION

MANDATES, ACCRUED CLAIMS

48 USC 1541 "°*^^

4. No law shall be passed mandating any political subdivision to pay any previously accrued claim. SECTION

GENERAL LAWS

48 USC 1541 "°*^

5. This Article shall not limit the power of the Senate to enact laws of general concern, and no political subdivision may infringe upon this power. SECTION

ARTICLE IX. EDUCATION EDUCATIONAL PHILOSOPHY

48 USC 1541 ^°^^-

SECTION 1. (a) The Government of the Virgin Islands shall provide

for the education of its people and establish a system of elementary, secondary, and higher education which embodies the principle of essential human equality and includes programs that respond to the needs, interests, and abilities of its people. (b) Elementary and secondary education shall be compulsory for all persons as provided by law. Attendance at a public or an accredited nonpublic school shall satisfy this requirement. Public elementary and secondary education shall be essentially free.

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95 STAT. 117

SCHOOL BOARDS

2. (a) A Virgin Islands Board of Education shall be 48 USC i54i established by law and shall have such power and duties as may be ' provided by law. (b) Other school boards, subordinate to the Virgin Islands Board of Education, may be provided by law. SECTION

ARTICLE X. PROTECTIGN OF CULTURE AND ENVIRONMENT CULTURAL DEVELOPMENT

1. No law shall be passed abridging the preservation and 48 USC i54i development of Virgin Islands culture, language, traditions or cus- ^°^^toms. Study of Virgin Islands culture, including but not limited to language, traditions, history, music, and art, shall be an integral part of the public education system. SECTION

COMMISSION ON CULTURE

2. A commission shall be established by law to study, 48 USC i54i promote, and preserve the history, culture, and traditions of the "°^® Virgin Islands. SECTION

HISTORICAL PLACES AND ARTIFACTS

3. Places, artifacts, documents, and objects of cultural or 48 USC i54i historical significance to the people of the Virgin Islands shall be "°*® protected and preserved, and public access to such places and artifacts shall be maintained as provided by law. SECTION

AGRICULTURE AND LAND COMMISSION SECTION 4. A commission shall be established by law to acquire land

48 USC i54i for redistribution by lease to the people of the Virgin Islands for "^"^^ agriculture, homestead, or other public purposes as provided by law. The commission may acquire land only by transfer from the Government of the Virgin Islands or by purchase. ENVIRONMENTAL PROTECTION

5. The policy of the Virgin Islands shall be to preserve its 48 USC i54i natural resources, protect its air, land, and water, and to provide for '^"^^ the enjoyment of its natural beauty. SECTION

OPEN BEACHES SECTION 6. All beaches and

shorelines of the Virgin Islands shall be 48 USC i54i public and open to public access. Where not available, public access "*® °^ may be provided by law. RIGHT TO A HEALTHFUL ENVIRONMENT

7. Every person has the right to a healthful environment 48 USC i54i subject to reasonable limitations as may be provided by law. Each "°*^ person may enforce this right against any party subject to reasonable limitations as may be provided by law. SECTION

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 95 STAT. 118

PUBLIC LAW 9 7 - 2 1 - J U L Y 9, 1981 ARTICLE XL TAXATION AND FINANCE TAX AUTHORITY

48 USC 1541 ^°^-

1. All taxes shall be levied by law, and the Senate may not surrender, suspend, or contract away its power to initiate tax legislation except as provided by this Constitution. A tax may be levied or an appropriation of public money made only for a public purpose, SECTION

INCOME TAX

48 USC 1541 ^°^-

2. Laws shall be enacted to administer and enforce the income tax and the Federal tax laws applicable to the Virgin Islands. SECTION

PUBLIC DEBT LIMITATION

48 USC 1541 "°*^®

3. (a) The Senate by law may cause bonds or other obligations to be issued on behalf of the Government either for (i) a public improvement or public undertaking or (ii) other projects nominally and/or beneficially privately owned which will promote the public interest through economic development. Such bonds or obligations shall be payable solely from the revenues directly derived from and attributable to such public improvement, public undertaking, or other project. Such bonds shall not constitute a general obligation of the Virgin Islands or of the United States. (b) The Senate, as authorized by law, may cause to be issued such negotiable general obligation bonds or other evidence of indebtedness as it may deem necessary and advisable to achieve or further a public purpose: Provided, That no public indebtedness of the Virgin Islands shall be incurred in excess of 10 percent of the assessed valuation of the taxable real property in the Virgin Islands. (c) Bonds issued pursuant to this section may bear such dates, may be in such denominations, may mature in such amounts and at such time or times, not exceeding thirty years from the date thereof, may be payable at such place or places, may be sold at either public or private sale, may be redeemable (either with or without premium) or nonredeemable, may carry such registration privileges as to either principal and interest, or principal only, and may be executed by such officers and in such manner as shall be provided by law. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds, such signature, whether manual or facsimile, shall nevertheless be valid and sufficient for all purposes, the same as if such officers had remained in office until such delivery. The bonds so issued shall bear interest at a rate not to exceed that specified by law and be payable at such time or times specified by law. All such bonds shall be sold for not less than the principal amount thereof plus accrued interest. All bonds issued by the Government of the Virgin Islands, specifically including interest thereon, shall be exempt from taxation by the Government of the United States; by the Government of the Virgin Islands or any political subdivision thereof; by any State, territory or possession or any political subdivision thereof, or by the District of Columbia. (d) The proceeds of the bond issue or other obligation herein authorized shall be expended only for public purposes as set forth in this section or for the reduction of the debt created by such bond issue or obligation. SECTION

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 PUBLIC LAW 9 7 - 2 1 - J U L Y 9, 1981

95 STAT. 119

(e) For purposes of this section bonds shall mean bonds, notes, or other obligations and shall be deemed to include bonds to refund any bonds, notes, or other obligations. (f) Aggregate bonds issued in support of a single project pursuant to section (b) above, which exceed 20 percent of the average Government revenue for the previous three years, shall be approved by a majority of the qualified voters of the Virgin Islands voting on the question at a referendum. (g) Bonds may not be issued for the operating expenses of the Government of the Virgin Islands, except that short-term bonds which are required to be repaid within one year may be issued by law to meet appropriations for any fiscal period in anticipation of the collection of revenue for that period or to meet casual deficits. AUDITOR GENERAL

4. (a) There shall be an Auditor General, who shall be 48 USC i54i appointed by the Governor with the advice and consent of the Senate '^°*^ and shall serve for a term of six years. (b) The Auditor General shall be a United States citizen, a Virgin Islands citizen, a qualified voter of the Virgin Islands, a domiciliary of the Virgin Islands for at least five years, and shall have such other qualifications as may be provided by law. (c) The Auditor General shall audit all revenues, accounts, expenditures, and programs of the Government, its departments, offices, agencies, and instrumentalities; shall make a public annual report and any special reports that may be required by the Governor or the Senate, and shall perform other duties as may be provided by law. In the performance of official duties, the Auditor General shall have the authority to administer oaths, take evidence, compel the attendance of witnesses and the production of books, letters, papers, records, and all other necessary articles. (d) The Auditor General may not hold any other public position while in office, nor engage in any activity that would conflict with official duties and responsibilities. The salary of the Auditor General may not be decreased during a term of office. (e) The Auditor General may be removed from office for cause by the Governor, with the advice and consent of the Senate, or by impeachment. SECTION

ARTICLE XII. INITIATIVE, REFERENDUM AND RECALL

All political power is inherent in the people, who reserve the power 48 USC 1541 to propose, adopt, or reject laws, and also the power to adopt or reject "°*^ any act or section of any act passed by the Senate. INITIATIVE AND REFERENDUM

1. (a) Initiative and referendum is the power of the electors 48 USC 1541 to propose the enactment, amendment, or repeal of laws of the Virgin "°*^' Islands, except public exigency laws and laws involving operating expenses. An initiative shall be instituted by a petition containing the full text of the proposal, and be signed by at least 10 percent of the qualified voters of each legislative district or by 41 percent of the qualified voters of the Virgin Islands. (b) An initiative petition shall be filed with the Senate. If adopted by the Senate within thirty days of the filing of the petition, the proposal contained in the petition shall take effect in accordance with SECTION

-194 0—82

10: QL3

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 95 STAT. 120

PUBLIC LAW 97-21—JULY 9, 1981 its terms. If the Senate fails to act within thirty days, the proposal shall be submitted to the voters at the next general election or at a special election held before the next general election. (c) An initiative shall take effect upon the affirmative vote of a majority of the qualified voters of the Virgin Islands voting on the question. An initiative may not be vetoed by the Governor, and when adopted by the people may not be amended or repealed by the Senate in office when the petition was filed. RECALL

48 USC 1541 "o*^

2. (a) Elected public officials of the Virgin Islands may be recalled by the qualified voters. A recall petition shall identify the official to be recalled by name and office, and be signed by at least 30 percent of the persons qualified to vote for that office. The petition shall state the reasons for recall. Q)) A special recall election shall be held within sixty days of the filing of the recall petition. An official shall be recalled upon the affirmative vote of two-thirds of those voting on the question. (c) A recall petition may not befiledduring the first year of the first term of office of an elected official, and not less than three months before a general election; nor more than once a year except for cause. SECTION

ARTICLE

XIII. CONSTITUTIONAL

AMENDMENT

PROPOSAL OF AMENDMENTS

48 USC 1541 "°*^

1. Amendments to this Constitution shall maintain the principles of a republican form of government and may be proposed by initiative, a constitutional convention, or the Senate. SECTION

GENERAL CONSTITUTIONAL CONVENTION

48 USC 1541 "°*^^

\

2. (a) The Senate, by the affirmative vote of two-thirds of its members, may submit to the qualified voters of the Virgin Islands at a regular general election the question, "Shall there be a constitutional convention to propose amendments to the Constitution?" This question shall be submitted by the Senate to the qualified voters of the Virgin Islands within ten years after the effective date of this Constitution and at least once every ten years thereafter. (b) An initiative petition may submit to the qualified voters of the Virgin Islands the question, "Shall there be a constitutional convention to propose amendments to the Constitution?" The petition shall be signed by at least 15 percent of the qualified voters of each legislative district of the Virgin Islands or by 51 percent of the qualified voters of the Virgin Islands. The question shall be submitted to the voters at the first regular election held not less than ninety days after filing of the initiative petition. (c) If a majority of those voting on the question of a constitutional convention favors holding such a convention, the Senate shall convene a convention within one hundred and twenty days after approval of the petition. (d) Delegates to a constitutional convention shall be elected on a nonpartisan ballot as provided by law. A constitutional convention may propose an amendment to the Constitution only upon the affirmative vote of two-thirds of its members. SECTION

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95 STAT. 121

LEGISLATIVE PROPOSAL

3. The Senate may propose an amendment to this Consti- 48 USC i54i tution upon the affirmative vote of two-thirds of its members. "°*^ SECTION

INITIATIVE SECTION 4.

The people may propose an amendment to this Constitu- 48 USC 1541 tion by initiative. An initiative petition shall contain the full text of ^°^the proposed amendment and shall be signed by 15 percent of the qualified voters of each legislative district of the Virgin Islands or by 51 percent of the qualified voters of the Virgin Islands. LIMITED CONSTITUTION A L CONVENTION

5. A constitutional amendment proposed by the Senate or 48 USC 1541 by initiative may provide, in accordance with its terms, for direct ^°^^ratification by the qualified voters of the Virgin Islands or for the convening of a constitutional convention limited to the issues raised by the proposed amendment. If a majority of those voting on the question of a limited constitutional convention favors holding such a convention, the Senate shall convene a limited constitutional convention within one hundred and twenty days, subject to the same restrictions on membership and adoption of any proposed amendment as those imposed on a general constitutional convention. SECTION

CONSTITUTION A L REVIEW COMMISSION

6. Within five years after the effective date of this 48 USC I54i Constitution and at least once every ten years thereafter, a constitu- ^°^^tional review commission shall be established by law. The commission shall, within one hundred and twenty days of its establishment, make a public report to the Senate with its proposals, if any, for revision of the Constitution. Members of the commission shall be qualified voters of the Virgin Islands. SECTION

RATIFICATION OF AMENDMENTS

7. Each proposed amendment to this Constitution shall be 48 USC I54i submitted to the qualified voters of the Virgin Islands for ratification "'^^^ at the first regular general election or at a special election called by the Senate. A proposed amendment shall take effect in accordance with its terms upon the affirmative vote of a majority of those voting on the amendment. SECTION

TRANSITIONAL SCHEDULE RATIFICATION AND EFFECTIVE DATE OF THE CONSTITUTION

1. This Constitution, as finally approved or modified by the Congress of the United States under Section 5 of Public Law 94-584 (October 12, 1976), shall be submitted to the qualified voters of the Virgin Islands and shall be ratified upon the affirmative vote of a majority of those voting on the question. The Constitution shall take effect one hundred and twenty days after ratification, except as provided in Sections 2 and 5 of this Transitional Schedule. SECTION

48 USC 1541 ^°^^48 USC note ^'"^'^

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PUBLIC LAW 97-21—JULY 9, 1981 ELECTIONS

48 USC 1541 °°^-

2. Notwithstanding any other provision of this Constitution, all elected officials shall be elected in accordance with this Constitution at the first general election after the effective date of this Constitution. SECTION

CONTINUITY OF LAWS

48 USC 1541 "°*®

3. Laws, executive orders, and regulations in force in the Virgin Islands on the effective date of this Constitution that are consistent with this Constitution shall continue in force until they expire, are amended, or repealed. Laws, executive orders, and regulations that have been enacted or issued by the legislature of the Virgin Islands or by local executive authorities, respectively that are inconsistent with this Constitution shall be void to the extent of such inconsistency. SECTION

CONTINUITY OP GOVERNMENT EMPLOYMENT AND OPERATIONS

48 USC 1541 ^°^^-

4. Employees of the Government of the Virgin Islands on the effective date of this Constitution shall be employees of the constitutional government on the same terms and conditions of employment as were in effect and enforceable previously, unless otherwise provided by law. Employees of the Government of the Virgin Islands shall have the same functions and duties after becoming employees of the constitutional government unless otherwise provided by law. SECTION

CONTINUITY OF JUDICIAL MATTERS

48 USC 1541 "°*^

SECTION 5. Until

the Senate otherwise provides, the appellate court created by Section 1 of Article VII shall consist of the two United States District Court judges for the Virgin Islands and one judge appointed in accordance with the provisions of Section 3 and Section 6 of Article VII of this Constitution. The judge so appointed shall serve as the chief judge of the appellate court until the appellate court created by Section 1 is fully implemented. The Territorial Court of the Virgin Islands shall continue as a trial court of original jurisdiction in the same manner as existed prior to the date of adoption of this Constitution until and unless changed by law. The qualifications for judges set forth in this Constitution shall not be retroactively applied to any sitting judge of the Territorial Court. All rules of the judicial system consistent with this Constitution and in effect upon the adoption of this Constitution shall continue or may be modified or terminated in the same manner as existed prior to the adoption of this Constitution until and unless changed by law. PROSPECTIVE OPERATION OF RIGHTS

48 USC 1541 "°*^

6. All rights or obligations, procedural or substantive, created for the first time by this Constitution shall be prospective and not retroactive. SECTION

SUCCESSION

48 USC 1541 "°^®-

SECTION

7. The constitutional government of the Virgin Islands

shall succeed to all rights and obligations of the Government of the

Virgin Islands that existed prior to the effective date of this Constitution. The validity of all public and private bonds, debts, and contracts,

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 PUBLIC LAW 97-21—JULY 9, 1981

95 STAT. 123

and of all claims, actions, and causes of action shall continue as if no change had taken place. Signed and Witnessed by the Delegates to the Fourth Constitutional Convention of the Virgin Islands, at Charlotte Amalie, St. Thomas, United States Virgin Islands, on this 1st day of August, 1980. Rupert W. Ross, Jr., Stedmann Hodge President John James Ruth H. Beagles, Wilfrid James Secretary Bent Lawaetz Toya Andrew, Sidney Lee Assistant Secretary Lucien Moolenaar Clarice Bryan Alva McFarlane Cecil Beiyamin Thyra Hodge Smith Dorene E. Carter Clement Sackey, 2d Vice President Otis Felix Llewellyn Sewer, Sergeant at Arms Henry Feuerzeig Ruby Simmonds, 1st Vice Kwame Garcia President Cyprian Gardiiie Yvonne Tharpes Rufus Graham Charles TurnbuU Geraldo Guirty Mario Watlington Olaf Hendricks SEC. 2. Notwithstanding the time limitations for congressional 48 USC i54i review provided in Public Law 94-584 (90 Stat. 2899), the Constitution Jf gg^. ^^^ of the Virgin Islands, as approved by section 1 of this resolution, shall prec. 1391. be submitted to the qualiiied voters of the Virgin Islands for acceptance or rejection as provided in section 5 of said Act. 48 USC note ••

"^

Approved July 9, 1981.

LEGISLATIVE HISTORY—H.J. RES. 238: HOUSE REPORT No. 97-25 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-66 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 127 (1981): May 5, considered and passed House. June 3, considered and passed Senate, amended. June 16, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 28 (1981): July 10, Presidential statement.

prec. 1391.

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PUBLIC LAW 97-22—JULY 10, 1981 Public Law 97-22 97th Congress

An Act July 10, 1981 [H.R. 3807] Defense Officer Personnel Management Act Technical Corrections Act. 10 USC 101 note.

10 USC 101 note.

rp^ make technical corrections in the Defense Officer Personnel Management Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Defense Officer Personnel Management Act Technical Corrections Act". (b) Whenever in this Act a reference is made to a section of title 10, United States Code, as added or amended by "the Act", the reference shall be considered to be a reference to that section as added or amended effective September 15, 1981, by the Defense Officer Personnel Management Act (Public Law 96-513; 94 Stat. 2835). SEC. 2. (a) Section 101(41) of title 10, United States Code (as added by section 101 of the Act (94 Stat. 2840)), is amended by inserting "or Coast Guard" after "Navy". (b) Section 138(c)(3)(D)(iii)(I) of such title (as added by section 102(a)(2) of the Act (94 Stat. 2840)) is amended by striking out "and active military service". (c) Section 266(a) of such title (as amended by section 501(4) of the Act (94 Stat. 2907)) is amended— (1) by striking out "title," and inserting in lieu thereof "title and except for boards that may be convened to select Reserves for appointment in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps,"; and (2) by striking out "an appropriate number of Reserves, as prescribed by the Secretary concerned under standards and policies prescribed by the Secretary of Defense" and inserting in lieu thereof "at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion". SEC. 3. (a) Section 531 of such title (as added by section 104(a) of the Act (94 Stat. 2845)) is amended— (1) by inserting "(a)" before "Original appointments"; and (2) by adding at the end thereof the following new subsection: "(b) The grade of a person receiving an appointment under this section who at the time of appointment (1) is credited with service under section 533 of this title, and (2) is not a commissioned officer of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component is determined under section 533(f) of this title.". Ob) Section 532(d) of such title (as added by section 104(a) of the Act (94 Stat. 2846)) is amended by striking out medical officer or dental officer or as a chaplain" and inserting in lieu thereof "medical or dental officer, as a chaplain, or as an officer designated for limited duty in the Regular Navy or Regular Marine Corps *.

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(c)(1) Subsection (b)(l)(A) of section 533 of such title (as added by ^^ use 533. section 104(a) of the Act (94 Stat. 2846)) is amended— (A) by inserting ", designated, or assigned" in the first sentence after "persons appointed'; (B) by striking out "appointment as a commissioned officer" in the first sentence and inserting in lieu thereof "such appointment, designation, or assignment"; and (C) by striking out the second sentence and inserting in lieu thereof the following: "Except as provided in clause (E), in determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of postsecondary education in excess of four that are required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree.". (2) Subsection (b)(l)(B) of such section is amended by striking out "as an officer" and inserting in lieu thereof ", designation, or assignment". (3) Subsection (b)(l)(E) of such section is amended by inserting ", designated, or assigned" in the second sentence after "being appointed". (4) Subsection (d)(1) of such section is amended by adding at the end thereof the following new sentence: "However, in the case of an officer who completes advanced education or receives an advanced degree while on active duty or in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(l)(A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer.". (5) Subsection (f) of such section is amended to read as follows: "(f) A reserve officer (other than a warrant officer) who receives an original appointment as an officer (other than as a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall— "(1) in the case of an officer on the active-duty list immediately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer on the active-duty list immediately before the appointment; and "(2) in the case of an officer not on the active-duty list immediately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as the grade and date of rank which the officer would have held had the officer been serving on the active-duty list on the date of the appointment as a regular officer.". SEC. 4. (a)(1) Paragraph (2) of subsection (a) of section 612 of title 10, United States Code (as added by section 105 of the Act (94 Stat. 2851)), is amended to read as follows: "(2)(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. "(B) A selection board need not include an officer from a competitive category to be considered by the board when there are no officers of that competitive category on the active-duty list in a grade higher

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 95 STAT. 126

10 USC 614.

PUBLIC LAW 97-22—JULY 10, 1981 than the grade of the officers to be considered by the board and eligible to serve on the board. However, in such a case the Secretary of the military department concerned, in his discretion, may appoint as a member of the board an officer of that competitive category who is not on the active-duty list from among officers of the same armed force as the officers under consideration by the board who hold a higher grade than the grade of the officers under consideration and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve.". (2) Paragraph (3) of such subsection is amended— (A) by inserting ", with the exact number of reserve officers to be determined by the Secretary of the military department concerned in his discretion" after "at least one reserve officer of that armed force"; and (B) by striking out the period at the end thereof and inserting in lieu thereof "who are eligible to serve on the board.". (3) Such subsection is further amended by striking out paragraph (4) and inserting in lieu thereof the following: "(4) Except as provided in paragraphs (2) and (3), if qualified officers on the active-duty list are not available in sufficient number to comprise a selection board, the Secretary of the military department concerned shall complete the membership of the board by appointing as members of the board officers who are members of the same armed force and hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve. "(5) A retired general or flag officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.". (4) Subsection (b) of such section is amended by inserting "convened under section 611(a) of this title" after "selection boards". (b) Section 614(a) of such title (as added by section 105 of the Act (94 Stat. 2852)) is amended by striking out ", the names of the officers eligible for consideration by the board as of the date of the notification, the convening date of the board," and inserting in lieu thereof "which shall include the convening date of the board. (c) Section 619(c)(2) of such title (as added by section 105 of the Act (94 Stat. 2855)) is amended— (1) by striking out "and" at the end of clause (A); (2) by striking out the period at the end of clause (B) and inserting in lieu thereof "for the purposes of clause (A); and"; and (3) by adding at the end thereof the following new clause: "(C) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer is placed on the activeduty list during which the officer shall be ineligible for consideration for promotion.". (d)(1) Subsection (a) of section 624 of such title (as added by section 105 of the Act (94 Stat. 2857)) is amended— (A) by striking out "or in the case of officers selected for promotion to the grade of first lieutenant or lieutenant (junior grade), when a list of officers selected for promotion is approved by the President," in paragraph (1); and (B) by adding at the end of paragraph (2) the following new sentence: "Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary concerned.".

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95 STAT. 127

(2) Subsection (c) of such section is amended by striking out "in the grade of first lieutenant or lieutenant (junior grade) under this section" and inserting in lieu thereof "under this section in the grade of first lieutenant or captain or lieutenant (junior grade) or lieutenant". (3) Subsection (d) of such section is amended— (A) by striking out "The Secretary concerned may delay the appointment of an officer under this section if—" in paragraph (1) and inserting in lieu thereof "Under regulations prescribed by the Secretary concerned, the appointment of an officer under this section may be delayed if—"; (B) by inserting "then unless action to delay an appointment has also been taken under subsection (d)(2)" after "as the case may be," in the second sentence of paragraph (1); (C) by striking out "The Secretary concerned may also delay the appointment of an officer to the next higher grade under this section in any case in which the Secretary finds that" in paragraph (2) and inserting in lieu thereof "Under regulations prescribed by the Secretary concerned, the appointment of an officer under this section may also be delayed in any case in which"; (D) by striking out the period at the end of the first sentence of paragraph (3) and inserting in lieu thereof ", unless it is impracticable to give such written notice before the effective date of the appointment, in which case such written notice shall be given as soon as practicable."; and (E) by striking out "by the Secretary" in the second sentence of paragraph (3). (e)(1) Section 637(b) of such title (as added by section 105 of the Act 10 USC 637. (94 Stat. 2864)) is amended by striking out "section 633, 634, 635, or 636" in paragraph (1) and inserting in lieu thereof "section 633 or 634". (2) Paragraph (2) of such section is amended to read as follows: Retirement "(2) An officer subject to retirement under section 635 or 636 of this deferments. title who is serving in the grade of brigadier general, commodore admiral, major general, or rear admiral may, subject to the needs of the service, have his retirement deferred and be continued on active duty by the Secretary concerned. An officer subject to retirement under section 635 or 636 of this title who is serving in a grade above major general or rear admiral may have his retirement deferred and be continued on active duty by the President.". (f) Section 638(a) of such title (as added by section 105 of the Act (94 Stat. 2864)) is amended by striking out "four" in clauses (3) and (4) and inserting in lieu thereof "three and one-half. (g) Section 689 of such title (as added by section 106 of the Act (94 Stat. 2868)) is amended by striking out the period and inserting in lieu thereof ", except that a reserve officer who is credited with service under section 3353, 5600, or 8353 of this title and is ordered to active duty may be ordered to active duty in a reserve grade and with a date of rank and position on the active-duty list determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited.". (h)(1) The table in subsection (a) of section 741 of such title (as amended by section 107 of the Act (94 Stat. 2869)) is amended to read as follows:

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 95 STAT. 128

PUBLIC LAW 97-22—JULY 10, 1981 "Army, Air Force, and Marine Corps General Lieutenant general Major general Brigadier general Colonel Lieutenant colonel Major Captain First lieutenant Second lieutenant

Navy and Coast Guard Admiral. Vice admiral. Rear admiral (Navy) and Rear admiral (upper half) (Coast Guard). Commodore admiral (Navy) and Rear admiral (lower half) (Coast Guard). Captain. Commander. Lieutenant commander. Lieutenant. Lieutenant (junior grade). Ensign.".

(2) Subsection (c) of such section is amended by inserting "of the Army, Navy, Air Force, and Marine Corps" after "officers". (3) Subsection (d) of such section is amended— (A) by inserting "of the Army, Navy, Air Force, or Marine Corps" in paragraph (1) after "officer" both places it appears; and (B) by inserting "of the Army, Navy, Air Force, or Marine Corps" in paragraph (3) after "(other than a warrant officer)". (4) The heading of such section is amended to read as follows:

10 USC 3210.

"§741. Rank: commissioned officers of the armed forces". SEC. 5. (a)(1) Subsection (b) of section 3064 of title 10, United States Code (as amended by section 231 of the Act (94 Stat. 2886)), is amended by striking out "may appoint commissioned officers in, and may assign members to," and inserting in lieu thereof "may assign commissioned officers (other than officers of the Regular Army) and members to". (2) Subsection (c) of such section is amended to read as follows: "(c) Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary may not assign any officer of the Regular Army to a special branch.". (b) Section 3210(a) of such title (as amended by section 502(5) of the Act (94 Stat. 2909)) is amended by striking out ", exclusive of the number authorized for the Army Medical Department and the Chaplains," and ", exclusive of the number of commissioned officers on the active-duty list authorized for the Army Medical Department and the Chaplains". (c)(1) Subsection (a) of section 3353 of such title (as amended by section 205(a) of the Act (94 Stat. 2881)) is amended— (A) by inserting "or an assignment to an officer category in which advanced education or training or special experience is required or will be directly used" in paragraph (1) after "in the Army"; (B) by inserting "or assignment" in paragraph (1) after "such appointment" both places it appears; (C) by inserting "as a regular officer on active duty or as a reserve officer" in paragraph (1) after "that he performed"; and (D) by striking out "receiving an original appointment" and "at the time of such appointment" in paragraph (2). (2) Subsection (b)(1) of such section is amended— (A) by inserting "or an assignment to an officer category in which advanced education or training or special experience is required or will be directly used" after "officer in the Army"; (B) by striking out "appointed in" in subparagraph (A) and inserting in lieu thereof "assigned to";

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95 STAT. 129

(C) by striking out "appointment as a commissioned officer" in subparagraph (A) and inserting in lieu thereof "such assignment"; (D) by striking out the second sentence in subparagraph (A) and inserting in lieu thereof the following: "Except as provided in clause (E), in determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of postsecondary education in excess of four that are required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree.". (E) by striking out "appointment as an officer," in subparagraph (B) and inserting in lieu thereof "assignment as an officer in such health profession,"; (F) by striking out "appointed" in the second sentence of subparagraph (E) and inserting in lieu thereof "assigned to such health profession"; and (G) by striking out "appointed in" in subparagraph (F) and inserting in lieu thereof "assigned to". (3) Subsection (b)(3) of such section is amended by striking out the period and inserting in lieu thereof "or his assignment to an officer category in which advanced education or training or special experience is required or will be directly used.". (4) Subsection (c) of such section is amended— (A) by inserting "as a commissioned officer (other than a warrant officer) on active duty or" after "while serving"; and (B) by adding at the end thereof the following new sentence: "However, in the case of an officer who completes advanced education or receives an advanced degree while in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(1)(A) to the extent that the number of years, normally required to complete such advanced education or\ receive such advanced degree exceeds the actual number of years 1 in which such advanced education or degree is obtained by the officer.". (5) Subsection (d) of such section is amended by striking out "in the Judge Advocate General's Corps with a view to an immediate call to active duty'' and inserting in lieu thereof "with a view to assignment in the Judge Advocate General's Corps". SEC. 6. (a) Subsection (c) of section 5155 of title 10, United States Code (as added by section 351 of the Act (94 Stat. 2902)), is amended to read as follows: "(c) The Secretary of the Navy, whenever the needs of the service require, may convene a selection board under section 611(a) of this title to select an officer in the Nurse Corps or in the Medical Service Corps (if such corps has been established under subsection (a)) for promotion to the grade of commodore admiral. An officer promoted pursuant to such a selection shall be appointed by the Secretary to the position of Director of the Nurse Corps or Director of the Medical^ Service Corps, respectively, for a term of four years, to serve at the ^ pleasure of the Secretary. For the purpose of computing the total number of flag officers in the staff corps of the Navy under section

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 95 STAT. 130

10 USC 5444.

PUBLIC LAW 97-22—JULY 10, 1981 5444 of this title, an officer so appointed shall be considered an additional number in grade.". (b)(1) Section 5444 of such title (as amended by section 302 of the Act (94 Stat. 2888)) is amended by striking out "specified" each place it appears in subsection Qy) and inserting in lieu thereof "prescribed". (2) Subsection (f) of such section is amended to read as follows: "(f) The Secretary, in his discretion, shall prescribe the number of commodore admirals, and the number of rear admirals, in each staff corps. The total of the prescribed numbers of rear admirals for all the staff corps may not exceed 50 percent of the total number computed under subsection (b).". (c)(1) Subsection (a) of section 5600 of such title (as amended by section 328 of the Act (94 Stat. 2895)) is amended— (A) by inserting "or who is designated in an officer category in which advanced education or training or special experience is required or will be directly used" in paragraph (1) after "Marine Corps Reserve"; (B) by inserting "or designation" in paragraph (1) after "such appointment" both places it appears; (C) by inserting as a regular officer on active duty or as a reserve officer" in paragraph (1) after "that he performed"; and (D) by striking out "receiving an original appointment" and "at the time of such appointment" in paragraph (2). (2) Subsection (b)(1) of such section is amended— (A) by inserting "or a designation in an officer category in which advanced education or training or special experience is required or will be directly used" after "officer in the Navy or Marine Corps"; (B) by inserting "or designated" in subparagraph (A) after "appointed"; (C) by inserting "or designation in such a category" in subparagraph (A) after "commissioned officer"; and (D) by striking out the second sentence in subparagraph (A) and inserting in lieu thereof the following: "Except as provided in clause (E), in determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of postsecondary education in excess of four that are required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree.". (3) Subsection 0))(3) of such section is amended by striking out the period and inserting in lieu thereof "or his designation in an officer category in which advanced education or training or special experience is required or will be directly used.". (4) Subsection (c) of such section is amended— (A) by inserting "as a commissioned officer (other than a warrant officer) on active duty or" after "while serving"; and (B) by adding at the end thereof the following new sentence: "However, in the case of an officer who completes advanced education or receives an advanced degree while in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(l)(A) to the extent that the number of years normally required to complete such advanced education or

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 PUBLIC LAW 97-22—JULY 10, 1981 receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer.". SEC. 7. (a) Subsection (a) of section 8353 of title 10, United States Code (as amended by section 205(b) of the Act (94 Stat. 2882)), is amended— (1) by striking out "337 and 363" in paragraph (1) and inserting in lieu thereof "837 and 863"; (2) by inserting ", or receiving a designation in or assignment to an officer category in which advanced education or training or special experience is required or will be directly used," in paragraph (1) after "in the Air Force"; (3) by inserting ", designation, or assignment" in paragraph (1) after "such appointment" both places it appears; (4) by inserting "as a regular officer on active duty or as a reserve officer" in paragraph (1) after "that he performed"; and (5) by striking out * receiving an original appointment" in paragraph (2) and "at the time of such appointment". (b) Subsection (h)(1) of such section is amended— (1) by inserting "or a designation in or assignment to an officer category in which advanced education or training or special experience is required or will be directly used" after "officer in the Air Force"; (2) by striking out "appointed in" in subparagraph (A) and inserting in lieu thereof "designated in or assigned to '; (3) by striking out "appointment as a commissioned officer" in subparagraph (A) and inserting in lieu thereof "such designation or assignment"; (4) by striking out the second sentence in subparagraph (A) and inserting in lieu thereof "Except as provided in clause (E), in determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of postsecondary education in excess of four that are required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree.". (5) by striking out "appointment as an officer," in subparagraph (B) and inserting in lieu thereof "designation or assignment as an officer in such health profession,"; and (6) by striking out "appointed" in the second sentence of subparagraph (E) and inserting in lieu thereof "designated in or assigned to such health profession". (c) Subsection (b)(3) of such section is amended by striking out the period and inserting in lieu thereof "or his designation in or assignment to an officer category in which advanced education or training or special experience is required or will be directly used.". (a) Subsection (c) of such section is amended— (A) by inserting "as a commissioned officer (other than a warrant officer) on active duty or" after "while serving"; and (B) by adding at the end thereof the following new sentence: "However, in the case of an officer who completes advanced education or receives an advanced degree while in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(l)(A) to the extent that the number of years

95 STAT. 131

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10 USC 611 note,

94 Stat. 2857.

10 USC 611 note.

94 Stat. 2860. 10 USC 611 note. 94 Stat. 2945. 10 USC 611 note,

PUBLIC LAW 97-22—JULY 10, 1981 normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer.", (e) Subsection (d) of such section is amended by striking out "in the Judge Advocate General's Corps" and inserting in lieu thereof "with a view to designation as a judge advocate". SEC. 8. (a) Section 601 of the Defense Officer Personnel Management Act (94 Stat. 2940) is amended— (1) by striking out "paragraph" in subsection (b) and inserting in lieu thereof subsection'; and (2) by adding at the end thereof the following new subsection: "(d)(l) Any delay of a promotion of an officer referred to in clause (2) or (3) of subsection (a) that was in effect on September 14, 1981, under the laws and regulations in effect on such date shall continue in effect on and after September 15, 1981, as if such promotion had been delayed under section 624<d) of title 10, United States Code, as added by this Act. "(2) Any action to remove from a promotion list the name of an officer referred to in clause (2) or (3) of subsection (a) that was initiated before September 15, 1981, under the laws and regulations in effect before such date shall continue on and after such date as if such removal action had been initiated under section 629 of title 10, United States Code, as added by this Act.". (b) Section 602 of such Act (94 Stat. 2940) is amended— (1) by striking out clause (3) of subsection (b) and inserting in lieu thereof the following: "(3) either holds a reserve grade higher than the temporary grade in which he is serving or is on a list of officers recommended for promotion to a reserve grade higher than the temporary grade in which he is serving,"; and (2) by adding at the end thereof the following new subsection: "(c)(l) Any delay of a promotion of an officer referred to in clause (B) of subsection (a)(1) that was in effect on September 14, 1981, under the laws and regulations in effect on such date shall continue in effect on and after September 15, 1981, as if such promotion has been delayed under section 624(d) of title 10, United States Code, as added by this Act. "(2) Any action to remove from a promotion list the name of an officer referred to in clause (B) of subsection (a)(1) that was initiated before September 15, 1981, under the laws and regulations in effect before such date shall continue on and after such date as if such removal action had been initiated under section 629 of title 10, United States Code, as added by this Act.". (c) Section 608(a)(l) of such Act (94 Stat. 2943) is amended by inserting "or is on a list of officers recommended for promotion to ' after "serving in". (d) Section 611 of such Act (94 Stat. 2943) is amended by adding at the end thereof the following new subsection: "(c)(1) Any delay of a promotion of an officer referred to in clause (2) of subsection (a) that was in effect on September 14, 1981, under the laws and regulations in effect on such date, shall continue in effect on and after September 15, 1981, as if such promotion had been delayed under section 624(d) of title 10, United States Code, as added by this Act. "(2) Any action to remove from a promotion list the name of an officer referred to in clause (2) of subsection (a) which was initiated before September 15, 1981, under the laws and regulations in effect

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 PUBLIC LAW 97-22—JULY 10, 1981 before such date shall continue on and after such date as if such removal action had been initiated under section 629 of title 10, United States Code, as added by this Act.". (e) Section 612 of such Act (94 Stat. 2945) is amended— (1) by striking out "An" and inserting in lieu thereof "(a) Except as provided in subsection Oa), an"; and (2) by adding at the end thereof the following new subsection: "(b) An officer who d u r ^ g fiscal year 1981— "(1) failed twice of selection for promotion to the grade of either lieutenant or lieutenant commander, in the Case of an officer in the Navy, or to either captain or major, in the case of an officer in the Marine Corps; and "(2) had not previously failed of selection for promotion to that grade, may not, because of such failures of selection, be involuntarily separated, involuntarily discharged, or retired under chapter 36 of title 10, United States Code, as added by this Act, before June 30, 1982, unless the officer so requests.". (f) Section 613 (pf such Act (94 Stat. 2945) is amended— (1) by striking out the period in subsection (a)(1) and inserting in lieu thereof ", except that an officer for whom no means can be established under the laws in effect on September 14, 1981, for computing creditable service in determining whether the officer is subject to involuntary retirement shall be retired under chapter 573 of title 10, United States Code, as in effect on September 14, 1981, on the basis of the years of service of such officer as determined under regulations prescribed under section 624(b).";

95 STAT. 133

94 Stat. 2860. lo use 611 note.

94 Stat. 2850. 10 USC 611 note.

10 USC 6371 et ^^^' ?o'uSC6lTnote

(2) by striking out subsection (a)(2)(A) and inserting in lieu thereof the following: "(A) removed from active duty under section 1184 of title 10, United States Code, as added by this Act;"; and (3) by inserting "day before the" in subsections (b)(1) and (b)(2) after "who on the". (g) Section 615(c) of such Act (94 Stat. 2948) is amended by striking 10 USC 611 note. out ", in lieu of being reappointed in the line of the Navy under subsection (a), be appointed in that staff corps" and inserting in lieu thereof "request appointment in a staff corps and, with the approval of the Secretary of the Navy, be appointed in that staff corps. Any appointment under this subsection shall be in lieu of the reappointment of the officer under subsection (a)", (h) Section 616 of such Act (94 Stat. 2949) is amended— 10 USC 6ii note. (1) by inserting "(a)" before "An officer"; and (2) by adding at the end thereof the following new subsection: "(b) Any female member of the Navy who on April 2, 1981, was appointed under section 591 or 5590 of title 10, United States Code, in the grade of ensign as an officer designated for limited duty may after September 14, 1981, be reappointed as an officer designated for limited duty under section 5596 of title 10, United States Code, as amended by this Act. A member so reappointed shall have a date of rank as an ensign of April 2, 1981, and shall have the same permanent pay grade and status as that member held on April 1, 1981.". (i) Part B of title VI of such Act (94 Stat. 2945), is amended by adding at the end thereof the following new sections:

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 95 STAT. 134

PUBLIC LAW 97-22—JULY 10, 1981 "CONTINGENCY AUTHORITY FOR NAVY PROMOTIONS UNDER PRIOR LAW

10 USC 611 note.

"SEC. 619. If necessary because of unforeseen circumstances, the Secretary of the Navy, during fiscal year 1982, may convene boards to select officers for promotion under chapters 545 and 549 of title 10, 10 USC 5751 et United States Code, as in effect on September 14, 1981, and officers so seq., 5891 et seq. ggjectod may be promoted in accordance with such chapters. An officer promoted to a higher grade under the authority of this section 94 Stat. 2945, shall be subject to sections 613 and 629 as if he held that grade on f ^ ^ oi C 1 * September 14, 1981, and shall have a date of rank to be determined nTT r 1 lu ubc 611 note. ^^^^^ section 741 of title 10, United States Code, as amended by this 94 Stat. 2869.

^^t.

"RETENTION ON ACTIVE DUTY OF CERTAIN RESERVE LIEUTENANT COMMANDERS

10 USC 611 note.

"SEC. 620. Notwithstanding section 6389 of title 10, United States Code, an officer who on September 14, 1981— "(1) holds the grade of lieutenant commander in the Naval Reserve; "(2) is on active duty as the result of recall orders accepted subsequent to a break in active commissioned service; "(3) is subject to placement on the active-duty list; and "(4) is considered— "(A) to have failed of selection for promotion to the grade of commander one or more times under chapter 545 of title 10, United States Code, as in effect on September 14, 1981; or "(B) to have been later considered to have failed of selection for promotion to the grade of commander one or more 94 Stat. 2850. times Under chapter 36 of title 10, United States Code, as added by this Act, may be retained on active duty by the Secretary of the Navy for such period as the Secretary considers appropriate.". 10 USC 611 note. (j) Section 621(b) of such Act (94 Stat. 2950) is amended to read as follows: "(b) Under regulations prescribed by the Secretary of Defense, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, the Secretary of the military department concerned, in order to maintain the relative seniority among officers of the Army, Navy, Air Force, and Marine Corps as it existed on September 14, 1981, may adjust the date of rank of officers— "(1) below the grade of brigadier general or commodore admiral during the one-year period beginning on September 15, 1981; and "(2) above the grade of colonel or, in the case of the Navy, captain until there are no longer any officers to whom section 614(d) is applicable.". 10 USC 611 note. (k) Section 624(b) of such Act (94 Stat. 2951) is amended— (1) by inserting "subject to placement on the active-duty list on September 15, 1981, after "In the case of an officer"; and (2) by striking out "Defense" and inserting in lieu thereof "the military department concerned". 10 USC 611 note. (1) Section 626(b) of such Act (94 Stat. 2952) is amended by striking out "any provision of chapter 36" and inserting in lieu thereof "section 1251". 10 USC 611 note. (m) Section 629 of such Act (94 Stat. 2953) is amended by adding at the end thereof the following new sentence: "The Secretary of the military department concerned may waive the requirements of this

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 PUBLIC LAW 97-22—JULY 10, 1981

95 STAT. 135

section and of section 1370(a)(2) of title 10, United States Code, as added by this Act, with respect to any officer described in the preceding sentence.". (n) Part C of title VI of such Act (94 Stat. 2950) is amended by adding at the end thereof the following new sections: "SAVINGS PROVISION FOR RETIRED GRADE OF CERTAIN RESERVE OFFICERS

"SEC. 634. Unless entitled to a higher grade under any other lo use 6ii note. provision of law, a member of the Army or Air Force who is a reserve officer and who— "(1) is on active duty on September 14, 1981; and "(2) after such date retires under section 3911 or 8911 of title 10, United States Code, is entitled to retire in the reserve grade which he held or to which he had been selected for promotion on September 14, 1981. "SAVINGS PROVISION FOR ORIGINAL APPOINTMENT IN CERTAIN GRADES UNDER EXISTING REGULATIONS

"SEC. 635, Any person who before September 15, 1981— lo use 6ii note. "(1) was selected for participation in a postbaccalaureate educational program leading to an appointment as a commissioned officer or had completed a postbaccalaureate program and was selected for appointment as a commissioned officer of the Army, Navy, Air Force, or Marine Corps; "(2) under regulations of the Secretary of the military department concerned in effect on December 12, 1980, would have been appointed and ordered to active duty in a grade specified or determined in accordance with such regulations; and "(3) had not been so appointed and ordered to active duty, may be appointed and ordered to active duty in such grade with a date of rank and position on the active-duty list junior to that of all other officers of the same grade and competitive category serving on active duty. "RETENTION IN GRADE OF CERTAIN RESERVE OFFICERS

"SEC. 636. A reserve officer of the Army, Navy, Air Force, or lo use 6ii note. Marine Corps who on September 14, 1981— "(1) is serving on active duty (A) under section 100i)X2) of the Military Selective Service Act (50 U.S.C. App. 4600t)X2)) for the administration of the Selective Service System, or (B) under section 708 of title 32; and "(2) is serving in a temporary grade or is selected for promotion to a temporary grade, may continue to serve in or may be promoted to and serve in such grade until promoted to a higher grade, separated, or retired. "SAVINGS PROVISION REGARDING DISCHARGE OF REGULAR OFFICERS

"SEC. 637. An officer of the Regular Army, Regular Navy, Regular lo use 611 note. Air Force, or Regular Marine Corps who on September 14, 1981, was serving on active duty may not be discharged under section 630(1)(A) of title 10, United States Code, as added by this Act, on or after the day on which that officer completes three years of continuous service as a regular commissioned officer.

89-194 0—82

11: QL3

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Page:United States Statutes at Large Volume 95.djvu/162

 95 STAT. 136

PUBLIC LAW 97-22—JULY 10, 1981 REPAYMENT OP READJUSTMENT AND SEVERANCE PAY

10 USC 611 note. 94 Stat. 2870.

10 USC 101, 14

usei. 10 USC 611 note.

"SEC. 638. Notwithstanding section 1174(h) of title 10, United States Code, as added by this Act, a person who received readjustment or severance pay before September 15, 1981, and who, on or after September 15, 1981, becomes entitled to retired or retainer pay under any provision of title 10 or title 14, United States Code, shall be required to repay that readjustment pay or severance pay in accordance with the laws in effect on September 14, 1981.". (o) Section 641 of such Act (94 Stat. 2954) is amended— (1) by inserting "or Dental Corps" in clause (1) after "Medical Corps both places it appears; (2) by inserting "or dental officer" in clause (1) after "medical officer both places it appears; and (3) by inserting "or 302b" in clause (2) after "section 302". (p) The table of contents in section 1(b) of such Act (94 Stat. 2835) is amended— (1) by inserting after the item relating to section 618 the following new items: "ciec. 619. Contingency authority for Navy promotions under prior law. "Sec. 620. Retention on active duty of certeiin reserve lieutenant commanders.";

and (2) by inserting after the item relating to section 633 the following new items: "Sec. 634. Savings provision for retired grade of certain reserve officers. "Sec. 635. Savings provision for original appointments in certain grades under existing regulations. "Sec. 636. Retention in grade of certain reserve officers. "Sec. 637. Savings provision regarding discharge of regular officers. "Sec. 638. Repayment of readjustment and severance pay.". Service in grade requirements for women. 10 USC 5752 note.

SEC. 9. Notwithstanding section 5752(a)(3) of title 10, United States Code, for selection boards convened on or after the date of enactment of this Act and before September 15, 1981, service in grade requirements shall be established under regulations prescribed by the Secretary of the Navy for eligibility for consideration for promotion of female officers in the line of the Navy to the grade of lieutenant commander and female officers in the Marine Corps to the grade of major. SEC. 10. (a)(1) Section 501(10) of the Defense Officer Personnel Management Act (94 Stat. 2908) is amended by striking out subparagraph (A) and inserting in lieu thereof the following: "(A) by striking out the item relating to section 741 and inserting in lieu thereof: " '741. Rank: commissioned officers of the armed forces.'; and".

(2) Section 502 of such Act (94 Stat. 2908) is amended— (A) by striking out subparagraph (B) of paragraph (9) and inserting in lieu thereof the following: "(B) by adding at the end thereof the following new item: " '3396. Exclusion of officers on the active-duty list.'.";

10 USC 3962. 10 USC 5444, 5455.

and (B) by striking out "8066" in the first quoted matter in paragraph (19XA) and inserting in lieu thereof 3066". (3) Section 503 of such Act (94 Stat. 2911) is amended by striking out paragraphs (19), (23), and (24). (4) Section 504(11) of such Act (94 Stat. 2916) is amended by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) by adding at the end thereof the following new item: " '8396. Exclusion of officers on the active-duty list.'.".

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 PUBLIC LAW 97-22—JULY 10, 1981 (b) Effective September 15, 1981, title 10, United States Code, is Eunended as follows: (1) Section 123(a) is amended by striking out "3494," and "8494,". (2) Section 1075 is amended by inserting ", or an enlisted member of a uniformed service entitled to basic allowance for subsistence," after "uniformed service" in the first sentence. (3) Section 2147(d)(l) is amended by striking out "section 1072(2)(E)" and inserting in lieu thereof "section 1072(2)(D)". (4) Section 3034(b) is amended by striking out the comma after "grade". (5) The table of sections at the beginning of chapter 367 is amended by striking out the item relating to section 3922. (6)(A) Section 5455 is repealed. (B) The table of sections at the beginning of chapter 533 is amended by striking out the item relating to section 5455. (7) The table of sections at the beginning of chapter 539 is amended— (A) by striking out the item relating to section 5573a; and (B) by striking out the item relating to section 5596 and inserting in lieu thereof the following:

95 STAT. 137

10 USC 123.

94 Stat. 1113.

Repeal.

"5596. Navy and Marine Corps: temporary appointments of warrant officers and officers designated for limited duty.".

(8) Section 6325(b) is amended— (A) by striking out "under section 5597" and inserting in lieu thereof "or promoted under section 603"; and (B) by striking out "5787 or 5787d" and inserting in lieu thereof "602 or 5721". (9) Section 8034(b) is amended by striking out the comma after "grade". (lOXA) Section 1174(c) is amended by striking out "on or after the effective date of the Defense Officer Personnel Management Act" and inserting in lieu thereof "after September 14, 1981,". (B) Sections 5896, 5897, 5898(b), 5899, and 6403(a) are amended by striking out "the effective date of the Defense Officer Personnel Management Act" each place it appears and inserting in lieu thereof "September 15, 1981^'. (c) Effective September 15, 1981, section 415(a) of title 37, United States Code, is amended by striking out "subsections (b) and (c)" and inserting in lieu thereof "subsection (b)". (d) Effective September 15, 1981, Public Law 93-397 (10 U.S.C. 8202 note) is repealed. SEC. 11. (a) Title 10, United States Code, is amended as follows: (1) Section 977(a) is amended by striking out "on or after the date of the enactment of the Department of Defense Authorization Act, 1981" and inserting in lieu thereof "after September 7, 1980". (2) Section 10790)X4) is amended by striking out "Secretary of Health, Education, and Welfare" and inserting in lieu thereof "Secretary of Health and Human Services". (3) Sections 1450(d) and 1452(e) are amended by striking out "Civil Service Commission" and inserting in lieu thereof "Office of Personnel Management". (4) Section 1451(a)(4) is amended by striking out "the effective date of the Uniformed Services Survivor Benefits Amendments of 1980" and inserting in lieu thereof "December 1, 1980". (5) Section 1452(g)(4) is amended by striking out "section 1452 of this title" and inserting in lieu thereof "this section".

94 Stat. 2870.

94 Stat. 2914, 2915.

Repeal.

94 Stat. 1119.

94 Stat. 3254.

94 Stat. 1705.

94 Stat. 1706.

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Page:United States Statutes at Large Volume 95.djvu/164

 95 STAT. 138 J? ^?? ! S 94 Stat. 1979. 94 Stat. 2092. 94 Stat. 2162.

1018. 94 Stat. 1017,

PUBLIC LAW 97-22—JULY 10, 1981 (6) Section 1489(b)(3) is amended by striking out "section 14 of ^j^^ ^^^ ^^ August 1, 1956 (22 U.S.C. 2679a)" and inserting in lieu thereof "section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973)". (7) Section 2002(a) is amended— (A) in the text preceding clause (1) by inserting "(22 U.S.C. 4021(b))" after "section 7O10b) of the Foreign Service Act of 1980"; and (B) in clause (2) by inserting "(22 U.S.C. 4021(a))" after "section 701(a) of the Foreign Service Act of 1980". (8) Sections 2324(b)(2)(B) and 2328 are amended by striking out "this Act" and inserting in lieu thereof "this chapter". (9) Section 2688(a) is amended by striking out "the date of the enactment of the Military Construction Authorization Act, 1980" and inserting in lieu thereof "November 26, 1979". (10) Section 7430(e) is amended by striking out "1969" each place it appears and inserting in lieu thereof "1979". (11) Section 9621(f) is amended by striking out the comma in the second sentence. (b)(1) Section 308c(e) of title 37, United States Code, is amended by striking out "Secretary of defense" and inserting in lieu thereof "Secretary of Defense". (2) Effective as of October 1, 1980, the second sentence of section 403(b) of title 37, United States Code, is amended by striking out "who is in" and all that follows through "who is assigned" and inserting in lieu thereof "who is in a pay grade above pay grade E-6 and who is assicmed (3)(A) The heading of section 406b of title 37, United States Code, is amended to read as follows: "§406b. Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating away from home port". (B) The item relating to such section in the table of sections at the beginning of chapter 7 of such title is amended to read as follows: "406b. Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating away from home port.".

(c) Section 806(b) of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1777), is amended by striking out "section 2662" and inserting in lieu thereof "section 2672". Approved July 10, 1981.

LEGISLATIVE HISTORY—H.R. 3807: HOUSE REPORT No. 97-141 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 127 (1981): June 16, considered and passed House. June 25, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/165

 PUBLIC LAW 97-23—JULY 17, 1981

95 STAT. 139

Public Law 97-23 97th Congress An Act To amend the Clean Air Act to provide compliance date extensions for steelmaking facilities on a case-by-case basis to facilitate modernization.

July 17, 1981 [H.R. 3520]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be Steel Industry cited as the "Steel Industry Compliance Extension Act of 1981". E^tengTon'Act of SEC. 2. Section 113 of the Clean Air Act is amended by adding the igsi. following new subsection at the end thereof: 42 USC 7401 "(e)(1) The Administrator may, in his discretion, in the case of any Jo^ngc 7413 person which is the owner or operator of a stationary source in an iron- and steel-producing operation not in compliance with the emission limitation requirements of an applicable implementation plan, consent to entry of a Federal judicial decree, or to the modification of an existing Federal judicial decree, with such person establishing a schedule for compliance for such source extending beyond December 31, 1982, but ending not later than December 31, 1985, on the following conditions: "(A) the Administrator finds, on the basis of information submitted by the applicant and other information available to him, that such extension of compliance is necessary to allow such person to make capital investments in its iron- and steel-producing operations to improve their efficiency and productivity; "(B) the Administrator finds, on the basis of information submitted by the applicant and other information available to him, that an amount equal to the funds the expenditure of which would have been required to comply by December 31, 1982, with those requirements of an applicable implementation plan for which such extensions of compliance are granted and whose expenditure for such purposes are being deferred until after December 31, 1982, pursuant to such extensions will be invested prior to two years from the date of enactment of this subsection in additional capital investments in the iron- and steel-producing operations owned or operated by such person, and located in communities which already contain iron- and steel-producing operations, to improve their efficiency and productivity; "(C) the Administrator and such person consent to entry of Federal judicial decree(s) establishing a phased program of compliance to bring each station^:y source at all of such person's iron- and steel-producing operations into compliance with the emission limitation requirements of applicable implementation plans (or, with respect to existing stationary sources located in any nonattainment area for which no implementation plan has been approved as meeting the requirements of part D and subject 42 USC 7501. to implementation plan(s) which do not require compliance with emission limitations which represent at least reasonably available control technology, compliance with emission limitations which represent reasonably available control technology) as expeditiously as practicable but no later than December 31, 1982,

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Page:United States Statutes at Large Volume 95.djvu/166

 95 STAT. 140

42 USC 7413.

Definitions.

PUBLIC LAW 97-23—JULY 17, 1981 or, in the case of sources for which extensions of compliance have been granted, no later than December 31, 1985; such decree(s) shall also contain, at a minimum, (i) requirements for interim controls (which may include operation and maintenance procedures); (ii) increments of compliance sufficient to assure compliance by the final compliance deadlines; (iii) requirements) that the amount referred to in subparagraph (B) above, is to be invested in projects representing additional capital investments in the iron- and steel-producing operations owned or operated by such person for the purposes specified in such subparagraph and shall contain schedule(s) specifying when each such project (or specified alternative project) is to be commenced and completed, as well as increments of progress toward completion; (iv) stipulated monetary penalties covering completion of the air pollution control projects required by the decree, the projects referred to under (iii) above, and such other items as appropriate; (v) monitoring requirements; (vi) reporting requirements (including provision for periodic reports to be filed with the court); and (vii) provisions for preventing increases of emissions from each stationary source; "(D) the Administrator finds, on the basis of information submitted by the applicant and other information available to him, that such person will have sufficient funds to comply with all applicable requirements by the times set forth in the judicial decree(s) entered into pursuant to subparagraph (C) of this subsection; "(E) the Administrator finds, on the basis of information submitted by the applicant and other information available to him, that the applicant is in compliance with existing Federal judicial decrees (if any) entered under section 113 of this Act applicable to its iron- and steel-producing operations or that any violations of such decrees are de minimus in nature; and "(F) the Administrator finds, on the basis of information submitted by the applicant and other information available to him, that any extension of compliance granted pursuant to this subsection will not result in degradation of air quality during the term of the extension. "(2) For the purpose of this subsection, 'iron- and steel-producing operations' include production facilities for iron and steel, as well as associated processing, coke making and sintering facilities. For the purpose of this subsection, 'phased program of compliance' means a program assuring, to the extent possible, that capital expenditures for achieving compliance at all sources owned or operated by such person in iron- and steel-producing operations must be made during the second and each succeeding year of the period covered by the decree(s) in an amount such that at the end of each such year the cumulative expenditures under the decree(s) will be at least equal to the amount which would have been spent if the total expenditures to be made under the decree(s) were made in equal increments during each year of the decree(s). For the purpose of this subsection, 'additional capital investments in iron- and steel-producing operations' means investments which the Administrator finds would not be made during the same time period if extension(s) of time for compliance with clean air requirements were not granted under this subsection. The decree entered into pursuant to subparagraph (C) of paragraph (1) of this subsection shall specify the projects which represent additional capital investment in iron- and steel-producing operations, but may also contain specified alternative projects. The

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 PUBLIC LAW 97-23—JULY 17, 1981 decree may also be modified to substitute equivalent projects for those specified. The owner or operator of iron- and steel-producing operations seeking an extension of compliance under this subsection has the burden of satisfying the Administrator with regard to the findings required in paragraphs (A), (B), (D), (E), and (F). A person which is subject to a judicial decree entered or modified pursuant to this subsection shall not be assessed a noncompliance penalty under section 120 of the Act for any source with an extension of compliance under such decree for the period of time covered by the decree only if such source remains in compliance with all provisions and requirements of such decree. "(3) Any records, reports, or information obtained by the Administrator under this subsection shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof (other than emission data) to which the Administrator has access under this section if made public, is likely to cause substantial harm to the person's competitive position, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United States Code, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act. Any regulations promulgated under section 114 of this Act apply with equal force to this subsection subject, however, to any changes that the Administrator shall determine are necessary. This paragraph does not constitute authority to withhold records, reports, or information from the Congress. "(4) Nothing in this subsection shall preclude or deny the right of any State or political subdivision to enforce any air pollution requirements in any State judicial or administrative forum. "(5) The provisions of this subsection shall be self-executing, and no implementing regulations shall be required. ' (6) Upon receipt of an application for an extension of time under this subsection with respect to any stationary source the Administrator shall promptly— "(i) publish notice of such receipt in the Federal Register; "(ii) notify the Governor of the State in which the stationary source is located; and "(iii) notify the chief elected official of the political subdivision in which the source is located. "(7)(A) The Administrator shall publish in the Federal Register notice of any finding made, or other action taken, by him in connection with the entry of any consent decree or modification of an existing consent decree pursuant to this subsection or in connection with the Administrator's failure or refusal to consent to such a decree. "(B)(i) Except as provided in clause (ii), any finding or other action of the Administrator under this subsection with respect to any stationary source, and any failure or refusal of the Administrator to make any such finding or to take any such action under this subsection, shall be reviewable only by a court in which a civil action under section 113 of this Act is brought against the owner or operator of such stationary source. "(ii) Where, before the date of the enactment of the Steel Industry Compliance Extension Act of 1981, a civil action was brought under this Act against the owner or operator of such stationary source, any

95 STAT. 141

42 USC 7420.

42 USC 7414.

Publication in Federal Register.

Publication in Federal Register.

42 USC 7413. Ante, p. 139.

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