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 95 STAT. 1124

PUBLIC LAW 97-86—DEC. 1, 1981

"2892. Prohibition on use of funds to relieve economic dislocations.". 10 USC 2392 note.

Report to Congress.

(b) The Secretary of Defense may conduct a test program during fiscal year 1982 in accordance with this subsection to test the effect of exemptting certain contracts of the Department of Defense from the provisions of section 2392 of title 10, United States Code (as added by the amendments made by subsection (a)), and paying a price differential under such contracts for the purpose of relieving economic dislocations. Under such test program, the Secretary of Defense may exempt from the provisions of such section any contract (other than a contract for the purchase of fuel) made by the Defense Logistics Agency during fiscal year 1982 if the Secretary determines— (1) that the payment of a price differential under such contract will not adversely affect the national security of the United States; (2) that there is a reasonable expectation that bids will be received from a sufficient number of responsible bidders so that the award of such contract will be made at reasonable cost to the United States; (3) that the price differential to be paid under such contract will not exceed 5 percent; and (4) the value of such contract, when added to the cumulative value of all other contracts awarded under the test program, will not exceed $3,400,000,000. (c) Not later than April 15, 1982, the President shall submit a report to Congress on the implementation and results to that date of the test program authorized by subsection (b). The report shall include an assessment of the costs and benefits of the test program. PROHIBITION AGAINST DOING BUSINESS WFFH CERTAIN OFFERORS OR CONTRACTORS

10 USC 2393

Public inspection.

SEC. 914. (a) Chapter 141 of title 10, United States Code, is amended by adding after section 2392 (as added by section 913) the following new section: "§2393. Prohibition against doing business with certain offerors or contractors "(a)(1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary's knowledge has been debarred or suspended by another Federal agency unless— "(A) in the case of a debarment, the debarment of the offeror or contractor by all other ^encies has been terminated or the period of time specified for such debarment has expired; and "(B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired. "(2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor. "(b) Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services

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95 STAT. 1125

shall maintain each such notice in a file available for public inspection. "(C) I n t h i s section:

Definitions.

"(1) 'Debar* means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. "(2) 'Suspend' means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting for a temporary period of time because a concern or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct.". (b) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2392 (as added by section 913) the following new item: "2393. Prohibition against doing business with certain offerors or contractors.". CIVIL RESERVE AIR FLEET

SEC. 915. Chapter 931 of title 10, United States Code, is amended— (1) by inserting after the chapter heading the following: "Subchapter "I. General

Sec. 9501

"II. Civil Reserve Air Fleet

9511

"SUBCHAPTER I-GENERAL"; and (2) by adding at the end thereof the following new subchapter: "SUBCHAPTER II-CIVIL RESERVE AIR FLEET

"Sec. "9511. Definitions. "9512. Contracts to modify aircraft: cargoKionvertible features. "9513. Contracts to modify aircraft: commitment of aircraft to Civil Reserve Air Fleet.

"§ 9511. Definitions lo use 95ii "In this subchapter: "(1) 'Aircraft*, 'citizen of the United States*, 'person', and 'public aircraft* have the meaning given those terms by section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301). "(2) 'Cargo air service' means the carriage of property or mail on the main deck of a civil aircraft. "(3) 'Cargo-capable aircraft' means a civil aircraft equipped so that all or substantially all of the aircraft's capacity can be used for the carriage of property or mail. "(4) 'Passenger aircraft' means a civil aircraft equipped so that its main deck can be used for the carriage of individuals and cannot be used principally, without major modification, for the carriage of property or mail. "(5) 'Cargo-convertible feature' means equipment or design features included or incorporated in a passenger aircraft that can readily enable all or substantially all of that aircraft's main deck to be used for the carriage of property or mail.

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 95 STAT. 1126

PUBLIC LAW 97-86—DEC. 1, 1981

"(6) 'Civil aircraft' means an aircraft other than a public aircraft. "(7) 'Civil Reserve Air Fleet' means those aircraft allocated, or identified for allocation, to the Department of Defense under section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), or made available (or agreed to be made available) for use by the Department of Defense under a contract made under this title, as part of the program developed by the Department of Defense through which the Department of Defense augments its airlift capability by use of civil aircraft. "(8) 'Contractor* means a citizen of the United States (A) who owns or controls, or who will own or control, a civil aircraft and who contracts with the Secretary of the Air Force to modify that aircraft by including or incorporating cargo-convertible features suitable for defense purposes in that aircraft and to commit that aircraft to the Civil Reserve Air Fleet, or (B) who subsequently obtains ownership or control of a civil aircraft covered by such a contract and assumes all existing obligations under that contract. "(9) 'Existing aircraft' means a civil aircraft other than a new aircraft. "(10) 'New aircraft' means a civil aircraft that a manufacturer heis not begun to assemble before the aircraft is covered by a contract under section 9512 of this title. "(11) 'Secretary' means the Secretary of the Air Force. 10 USC 9512. "§ 9512. Contracts to modify aircraft: cargo-convertible features 10 USC 2301 et "(a) Subject to chapter 137 of this title, and to the extent that funds «^9are otherwise available for obligation, the Secretary may contract with any citizen of the United States (1) for the modification of any new aircraft to be owned or controlled by that citizen by the inclusion of cargo-convertible features suitable for defense purposes in that aircraft, or (2) for the modification of any existing passenger aircraft owned or controlled by that citizen by the incorporation of cargoconvertible features suitable for defense purposes in that aircraft. "(b) Each contract made under subsection (a) shall include the terms required by section 9513 of this title and the following terms: "(1) The contractor shall agree that each aircraft covered by the contract that is not already registered under section 501 of the Federal Aviation Act of 1958 (49 U.S.C. 1401) shall be registered under that section not later than the completion of the manufacture of the aircraft or the completion of the modification of the aircraft under the contract. Repayment to "(2) The Contractor shall agree to repay to the United States a US. percentage (to be established in the contract) of any amount paid by the United States to the contractor under the contract with respect to any aircraft if— "(A) the aircraft is destroyed or becomes unusable, as defined in the contract; "(B) the cargo-convertible features specified in the contract are rendered unusable or removed from the aircraft; "(C) control over the aircraft is transferred to any person that is unable or unwilling to assume the contractor's obligations under the contract; "CD) the registration of the aircraft under section 501 of the Federal Aviation Act of 1958 is terminated for any reason not beyond the control of the contractor; or

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95 STAT. 1127

"(E) having g^eed in the contract that the main deck of the aircraft will not be used for cargo air service, the contractor uses, or permits the use of, the main deck of the aircraft for cargo air service. "(c) A contract made under subsection (a) with respect to any aircraft may include the following terms: "(1) If the contractor agrees that the main deck of the aircraft will not be used in cargo air service, the Secretary may agree to pay the contractor— "(A) an amount not to exceed 100 percent of the cost of modifying the aircraft to include or incorporate cargoconvertible features suitable for defense purposes in that aircraft, as described in subsection (a); "(B) an amount to compensate the contractor for the loss of use of the aircraft during the time required to make such modification, such amount to be determined by taking into consideration the fair market rental cost of a similar aircraft (not including crews, ground facilities, or other support costs) for that time, the estimated loss of revenue by the .contractor attributable to the aircraft being out of service during that time, and such other factors as the Secretary considers appropriate; and "(C) in the case of an existing aircraft, 100 percent of the cost of positioning the aircraft for modification, recertification of that aircraft after modification, returning that aircraft to service, and other costs directly associated with the modification. "(2) If the contractor does not agree that the main deck of the aircraft will not be used for cargo air service, the Secretary may agree to pay the contractor an amount not to exceed 50 percent of the cost of modifying the aircraft to include or incorporate cargoconvertible features suitable for defense purposes. "(3) The Secretary may under the contract be authorized to contract directly with a person chosen by the contractor to perform the modification of the aircraft to include or incorporate cargo-convertible features suitable for defense purposes in that aircraft and to pay to that person chosen by the contractor— "(A) if the contractor agrees that the main deck of that aircraft will not be used for cargo air service, an amount less than or equal to the amount to which the contractor would otherwise be entitled under paragraph (I)(A); or "(B) if the contractor does not agree that the main deck of that aircraft will not be used for cargo air service, an amount less than or equal to the amount to which the contractor would otherwise be entitled to under paragraph (2). "(d) In addition to any amount the Secretary may agree under subsection (c)(1) or (c)(3)(A) to pay under a contract made under subsection (a), the Secretary may agree under such a contract that, if the contractor agrees that the main deck of the aircraft will not be used in cargo air service, the Secretary shall make a lump sum or annual payments (or a combination thereof) to the contractor to cover any increased costs of operation or any loss of revenue attributable to the inclusion or incorporation of cargo-convertible features suitable for defense purposes in the aircraft. "(e)(l) Subject to paragraph (2), the Secretary may agree, in any contract made under subsection (a), to pay the contractor an amount for any loss resulting from the subsequent sale of an aircraft modified under that contract if the sale of that aircraft is for a price less than

-194 O—82

73:QL3

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Page:Folk-lore - A Quarterly Review. Volume 8, 1897.djvu/95

Rh In another interesting description of the custom, the St. Ives hurling-match is spoken of as having been held on the sands on the Monday after Quinquagesima Sunday, the ball being formed of cork, or light wood, covered with silver. And it is noted that in early days the mimic contention used to be commonly between two or more parishes, or between one parish and another, but that now one part of a parish hurls against another, the Helston instance being among the examples quoted, in which two streets play all the other streets on the 2nd May, when the town-bounds are renewed. In some private families the balls carried off by their ancestors in the early years of the last century are still religiously preserved as heirlooms. Yet a Druidic circle at St. Cleer, in East Cornwall, is known as "the Hurlers," from a tradition that a party of men hurling on a Sunday were for their wickedness turned into stone. This story has probably superseded an older legend, which embodied a more correct idea of some ancient relationship between the prehistoric remains and the popular game. The analogy between Cornish hurling, the Lincolnshire hood-game, and the Eastertide ball-play of France, described by Souvestre and Laisnel de la Salle, is obvious. They are all examples of ancient solar ritual which have survived to modern times under the ægis of Christianity. The hood-game, however, is conspicuous among them on account of the curiously barbaric scene with which it ought properly to conclude. "Smoking the fool" appears to be known at Haxey alone. Yet there is no reason why similar practices may not be found to exist on some of the scattered islets of folk-custom, that still manage to lift their crests above the tide of modern thought, which now washes over the sinking continent of European myth. Instances of symbolic sacrifice to the sun may yet be chronicled. Wherever flaming wheels, or bonfires, are kindled in connection with some sacred day representing a prehistoric festival of the seasons, there is a possibility that traces of archaic blood-offering may linger in recognisable form. Cabsow, the ball-game which till some few years ago was played at Cleethorpes on Christmas-Day, seems to be almost identical in name with scabshew or scobshew, the Cumbrian word for hockey or


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Page:United States Statutes at Large Volume 95.djvu/1154

 95 STAT. 1128

Payment.

10 USC 9513.

PUBLIC LAW 97-86-DEC. 1, 1981

the fair market value, at the time of the sale, of an aircraft substantially similar to the aircraft being sold but without the cargoconvertible features. "(2) The Secretary may not agree to make a payment under this subsection with respect to the sale of a modified aircraft unless— "(A) the sale is within 16 years and 6 months after the modified aircraft was initially delivered by the manufacturer to its original owner, in the Case of an aircraft that was modified during manufacture, or by the modifier to the owner at the time of modification, in the case of an aircraft that was modified after manufacture; "(B) the Secretary received written notice of the proposed sale at least 60 days before the sale; "(C) the contractor used its best efforts to obtain bids for the purchase of the aircraft; "(D) the sale is a bona fide, arm's-length transaction made to the highest bidder for a price that is less than the fair market value of an aircraft substantially similar to the modified aircraft but without the cargo-convertible features; and "(E) before the sale the Secretary was given an opportunity to and refused to purchase the modified aircraft for a price equal to the fair market value, at the time of the sale, of an aircraft substantially similar to the modified aircraft but without the cargo-convertible features. "(3) Any amount that may be payable under a contract provision made under this subsection may not exceed the difference between (A) the S£des price of the modified aircraft, and (B) the fair market value, at the time of the sale, of an aircraft substantially similar to the modified aircraft but without the cargo-convertible features included or incorporated into the modified aircraft under the contract. "(4) The Secretary may use any funds appropriated for Air Force procurement for fiscal year 1982 or thereafter to pay any obligation under a contract provision made under this subsection, "§ 9513. Contracts to modify aircraft: commitment of aircraft to Civil Reserve Air Fleet "(a) Each contract under section 9512 of this title shall provide— "(1) that any aircraft covered by the contract shall be committed to the Civil Reserve Air Fleet; "(2) that, so long as the aircraft is owned or controlled by a contractor, the contractor shall operate the aircraft for the Department of Defense as needed during any activation of the full Civil Reserve Air Fleet, notwithstanding any other contract or commitment of that contractor; and "(3) that the contractor operating the aircraft for the Department of Defense shall be paid for that operation at fair and reasonable rates. "(b) Notwithstanding section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), each aircraft covered by a contract under section 9512 of this title shall be committed exclusively to the Civil Reserve Air Fleet for use by the Department of Defense as needed during any activation of the full Civil Reserve Air Fleet unless the aircr^t is released from that use by the Secretary of Defense.".

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Page:United States Statutes at Large Volume 95.djvu/1155

 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1129

FACILITATION OF SELECTIVE SERVICE REGISTRATION AND OF MILITARY RECRUITING

SEC. 916. (a) Section 3 of the Military Selective Service Act (50 U.S.C. App. 453) is amended— (1) by inserting "(a)" after "SEC. 3."; and (2) by adding at the end thereof the following new subsection: "(b) Regulations prescribed pursuant to subsection (a) may require that persons presenting themselves for and submitting to registration under this section provide, as part of such registration, such identifying information (including date of birth, address, and social security account number) as such regulations may prescribe.". (b) Section 12 of such Act (50 U.S.C. App. 462) is amended by adding at the end thereof the following new subsection: "(e) The President may require the Secretary of Health and Human Services to furnish to the Director, from records available to the Secretary, the following information with respect to individuals who are members of any group of individuals required by a proclamation of the President under section 3 to present themselves for and submit to registration under such section: name, date of birth, social security account number, and address. Information furnished to the Director by the Secretary under this subsection shall be used only for the purpose of the enforcement of this Act.". (c) Section 15 of such Act (50 U.S.C. App. 465) is amended by adding at the end thereof the following new subsection: "(e) In order to assist the Armed Forces in recruiting individuals for voluntary service in the Armed Forces, the Director shall, upon the request of the Secretary of Defense or the Secretary of Transportation, furnish to the Secretary the names and addresses of individuals registered under this Act. Names and addresses furnished pursuant to the preceding sentence may be used by the Secretary of Defense or Secretary of Transportation only for recruiting purposes.". REPORTS ON UNIT COSTS OF MAJOR DEFENSE SYSTEMS

SEC. 917. (a)(1) The program manager (as designated by the Secretary concerned) for each m^'or defense system included in the Selected Acquisition Report dated March 31, 1981, and submitted to the Congress pursuant to section 811 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94-106; 10 U.S.C. 139 note), shall submit to the Secretary concerned, within seven days after the end of each quarter of fiscal year 1982, a written report on the major defense system included in such selected acquisition report for which such manager has responsibility. The program manager shall include in each such report— (A) the total program acquisition unit cost for such major defense system as of the last day of such quarter; and (B) in the case of a m^'or defense system for which procurement funds are authorized to be appropriated by this Act, the current procurement unit cost for such major defense system as of the last day of such quarter. (2) If at any time during any quarter of fiscal year 1982, the program manager of a megor defense system referred to in paragraph (1) has reasonable cause to believe that (A) the total program acquisition unit cost, or (B) in the case of a major defense system for wmch procurement funds are authorized to be appropriated by this Act, the current procurement unit cost has exceeded the applicable percentage increase specified in subsection (b), such mangier shall

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Page:United States Statutes at Large Volume 95.djvu/1156

 95 STAT. 1130

Notification to Congress.

Notification to Congress.

PUBLIC LAW 97-86—DEC. 1, 1981

immediately submit to the Secretary concerned a report containing the information, as of the date of such report, required by paragraph (1). (3) The program manager shall also include in each report submitted pursuant to paragraph (1) or (2) any change from the Selected Acquisition Report of March 31, 1981, in schedule milestones or system performances with respect to such system that are known, expected, or anticipated by such manager. (b)(1) If the Secretary concerned determines, on the basis of any report submitted to him pursuant to subsection (a), that the total program acquisition unit cost (including any increase for expected inflation) for any major defense system for which no procurement funds are authorized to be appropriated by this Act has increased by more than 15 percent over the total program acquisition unit cost for such system reflected in the Selected Acquisition Report of March 31, 1981, then (except as provided in paragraph (3)) no additional funds may be obligated in connection with such system after the end of the 30-day period beginning on the day on which the Secretary makes such determination. The Secretary shall notify the Congress promptly in writing of such increase upon making such a determination with respect to any such major defense system and shall include in such notice the date on which such determination was made. (2) If the Secretary concerned determines, on the basis of a report submitted to him pursuant to subsection (a), that— (A) the procurement unit cost of a major defense system for which procurement funds are authorized to be appropriated by this Act has increased by more than 15 percent over the procurement unit cost derived from the Selected Acquisition Report of March 31, 1981, or (B) the total program acquisition unit cost (including any increase for expected inflation) of such system has increased by more than 15 percent over the total program acquisition unit cost for such system as reflected in the Selected Acquisition Report of March 31, 1981, then (except as provided in paragraph (3)) no additional funds may be obligated in connection with such system after the end of the 30-day period beginning on the day on which the Secretary makes such determination. The Secretary shall notify the Congress promptly in writing of such increase upon making such a determination with respect to any such major defense system and shall include in such notice the date on which such determination was made. (3) The prohibition contained in paragraphs (1) and (2) on the obligation of funds shall not apply in the case of any major defense system to which such prohibition would otherwise apply if the Secretary concerned submits to the Congress, before the end of the 30-day period referred to in paragraph (1) or (2), a written report which includes— (A) a statement of the reasons for such increase in total program acquisition unit cost or procurement unit cost; (B) the identities of the military and civilian officers responsible for program management and cost control of the major defense system; (C) the action taken and proposed to be taken to control future cost growth of such system; (D) any changes made in the performance or schedule milestones of such system and the degree to which such changes have contributed to the increase in total program acquisition unit cost or procurement unit cost;

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 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1131

(E) the identities of the principal contractors for the major defense system; and (F) an index of all testimony and documents formally provided to the Congress on the estimated cost of such system. (c)(1) If the Secretary concerned— (A) on the basis of a report submitted to him pursuant to subsection (a), determines (i) that the total program acquisition unit cost (including any increase for expected inflation) for a major defense system has increased by more than 25 percent over the total program acquisition unit cost for such system reflected in the Selected Acquisition Report of March 31, 1981, or (ii) in the case of any such system for which procurement funds are authorized to be appropriated by this Act, that the current procurement unit cost of such system has increased by more than 25 percent over the procurement unit cost derived from the Selected Acquisition Report of March 31, 1981, and (B) has submitted a report to the Congress with respect to such system pursuant to subsection (b)(3), then (except as provided in paragraph (2)) no additional funds may be obligated in connection with such system after the end of the 60-day period beginning on the day on which the Secretary makes such determination. (2) The prohibition contained in paragraph (1) on the obligation of funds shall not apply in the case of a major defense system to which such prohibition would otherwise apply if the Secretary of Defense submits to the Congress, before the end of the 60-day period referred to in such paragraph, a written certification stating that— (A) such system is essential to the national security; (B) there are no alternatives to such system which will provide equal or greater military capability at less cost; (C) the new estimates of the total program acquisition unit cost or procurement unit cost are reasonable; and (D) the management structure for such major defense system is adequate to manage and control total program acquisition unit cost or procurement unit cost. (d) As used in this section: Definitions. (1) The term "total program acquisition unit cost" means, in the case of a major defense system, the amount equal to (A) the total cost for development and procurement of, and systemspecific military construction for, such system, divided by (B) the number of fully-configured end items to be produced for such system. (2) The term "procurement unit cost" means, in the case of a major defense system, the amount equal to (A) the total of all procurement funds available for such system in any fiscal year, divided by (B) the number of fully-configured end items to be procured with such funds during such fiscal year. (3) The term "Secretary concerned" has the same meaning as provided in section 101(8) of title 10, United States Code. (e) Section 811 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94-106; 10 U.S.C. 139 note), is amended by adding at the end thereof the following new subsection: "(c)(1) Each report required to be submitted under subsection (a) shall include the history of the total program acquisition unit cost of each major defense system from the date on which funds were first authorized to be appropriated for such system. "(2) As used in this subsection, the term 'total program acquisition unit cost* means the amount equal to (A) the total cost for develop-

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 95 STAT. 1132

PUBLIC LAW 97-86—DEC. 1, 1981

ment and procurement of, and system-specific military construction for, a major defense system, divided by (B) the number of fullyconHgured end items to be produced for such system.". RECOMMENDATIONS WriH RESPECT TO TERMINATION OF WASTE, FRAUD, ABUSE, AND MISMANAGEMENT IN THE DEPARTMENT OF DEFENSE Report to Congress. 10 USC 133 note.

Report to Congress.

SEC. 918. (a) Not later than January 15, 1982, the Secretary of Defense shall submit to Congress a report containing such recommendations as he considers necessary or appropriate to improve the efficiency and management of, and to eliminate waste, fraud, abuse, and mismanagement in, the operation of the Department of Defense. (b) In the report required by subsection (a), the Secretary of Defense shall— (1) set forth each recommendation by the Comptroller General since October 1, 1980, for the elimination of waste, fraud, abuse, or mismanagement in the Department of Defense; and (2) provide a statement of— (A) which recommendations set forth pursuant to paragraph (1) have been adopted and, to the extent practicable, the actual and projected cost savings from each; and (B) which recommendations set forth pursuant to paragraph (1) have not been adopted and, to the extent practicable, the projected cost savings from each and an explanation of why each such recommendation has not been adopted. (c) Not later than January 15, 1983, the Secretary of Defense shall submit to Congress a report— (1) that sets forth each recommendation by the Comptroller General since January 1, 1979, for the elimination of waste, fraud, abuse, or mismanagement in the Department of Defense; and (2) that provides a statement of— (A) which recommendations set forth pursuant to paragraph (1) have been adopted and, to the extent practicable, the actual and projected cost savings from each; and (B) which recommendations set forth pursuant to paragraph (1) have not been adopted and, to the extent practicable, the projected cost savings from each and an explanation of why each such recommendation has not been adopted. REPORT ON CONTRIBUTIONS TO THE COMMON DEFENSE

22 USC 1928 note.

SEC. 919. Section 1006(c) of the Department of Defense Authorization Act, 1981 (Public Law 96-342; 94 Stat. 1120), is amended— (1) by striking out "March 1, 1981" and inserting in lieu thereof "March 1, 1982^'; and (2) by striking out "fiscal year 1981" both places it appears and inserting in lieu thereof "fiscal year 1982". ASSISTANCE TO YORKTOWN BICENTENNIAL CELEBRATION

SEC. 920. (a) Notwithstanding any other provision of law, the Secretary of Defense is authorized, in connection with the observance on October 19, 1981, of the two-hundredth anniversary of the surrender of Lord Cornwallis to General George Washington at Yorktown, Virginia, which date has been proclaimed by Public Law 96-414 (94 Stat. 1724) as a National Day of Observance of that historic event—

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 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1133

(1) to provide logistical support and personnel services for the national observance of such event; (2) to lend and provide equipment to ofiHicials of the Yorktown Bicentennial Committee as requested by the Secretary of the Interior; and (8) to provide such other services as the Secretary of the Ulterior may consider necessary and the Secretary of Defense niav consider advisable. (b) Tnere is authorized to be appropriated to the Secretary of Appropriation Defense an amount not to exceed $750,000 for the purpose of carrying authorization. out subsection (a). (c) No funds may be obligated or expended for carrying out the purp(»es of subsection (a) unless such funds have been specifically appropriated for such purposes. Approved December 1, 1981.

LEGISLATIVE HISTORY—S. 815 (H.R. 3519): HOUSE REPORTS: No. 97-71, Pt. I (Comm. on Armed Services), Pt. 2 (Comm. on the Judiciary), Pt. 3 (Comm. on Government Operations) accompanying H.R. 3519 and No. 97-311 (Comm. of Conference). SENATE REPORT No. 97-58 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 127 (1981): May 12-14, considered and passed Senate. June 24, July 8-10, 14-16, H.R. 3519 considered and passed House; proceedings vacated and S. 815, amended, passed in lieu. Nov. 5, Senate agreed to conference report. Nov. 17, House agreed to conference report.

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 95 STAT. 1134

PUBLIC LAW 97-87—DEC. 1, 1981

Public Law 97-87 97th Congress An Act Dec. 1, 1981 [S. 1133]

National Advisory Committee on Oceans and Atmosphere Act of 1977, amendment. 33 USC 857-14. 33 USC 857-16. 33 USC 857-18.

To amend the National Advisory Committee on Oceans and Atmosphere Act of 1977 to authorize appropriations to carry out the provisions of such Act for fiscal year 1982, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Advisory Committee on Oceans and Atmosphere Act of 1977 (33 U.S.C. 857-13-857-18) is amended— (1) in section 3(b)(2), by striking "office, or until ninety days after such date, whichever is earlier." and substituting "office."; (2) in section 5, by striking "of $100 per day" and substituting "not to exceed the oaily rate for a GS-18"; and (3) in section 8, by striking "and" immediately after "1980," and by striking the period at the end of the section and substituting ", and $555,000 for thefiscal5rear ending September 30, 1982. Such sums as may be appropriated under this section shall remain available until expended.". Approved December 1, 1981.

LEGISLATIVE HISTORY—S. 1133 (H.R. 2448): HOUSE REPORT No. 97-51 accompanying H.R. 2448 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 97-59 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): May 14, considered and passed Senate. Nov. 17, considered and passed House.

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 PUBLIC LAW 97-88—DEC. 4, 1981

95 STAT. 1135

Public Law 97-88 97th Congress An Act Making appropriations for energy and water development for the fiscal year ending September 30, 1982, and for other purposes.

Dec. 4, 1981 [H.R. 4144]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following Energy and sums are appropriated, out of any money in the Treasury not Water Development otherwise appropriated, for the fiscal year ending September 30, Appropriation 1982, for energy and water development, and for other purposes, Act, 1982. namely: TITLE I—DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes. GENERAL INVESTIGATIONS

For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, and when authorized by law, surveys and detailed studies and plans and specifications of projects prior to construction, $137,225,000, to remain available until expended. CONSTRUCTION, GENERAL

For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by laws; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction), $1,416,992,000, to remain available until expended. FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g-l), $256,310,000, to remain available until expended: Provided, That not less than $250,000 shall be available for

River and harbor, flood control, shore protection, study.

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Page:United States Statutes at Large Volume 95.djvu/1162

 95 STAT. 1136

PUBLIC LAW 97-88—DEC. 4, 1981

bank stabilization measures as determined by the Chief of Engineers to be advisable for the control of bank erosion of streams in the Yazoo Basin, including the foothill area, and where necessary such measures shall complement similar works planned and constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District Engineer and the State Conservationist. OPERATION AND MAINTENANCE, GENERAL

For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation; $1,008,355,000, to remain available until expended. GENERAL EXPENSES

For expenses necessary for general administration and related functions in the office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $91,000,000. SPECIAL RECREATION USE FEES

For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $4,784,000, to be derived from the special account established by the Land and Water Conservation Act 16 USC 460M of 1965, as amended (16 U.S.C. 4601). Public Law 96-514 shall not be 94*Stat 2957 Construed to affect the provisions of the Land and Water Conserva16 USC 460/-5a ^ion Fund Act as they pertain to the Corps of Engineers, and all note. recreation use fees collected by, and deposited in the Treasury by the Corps of Engineers, including those recreation use fees collected and so deposited since December 12, 1980, shall be deposited in a separate account credited to, and eligible for appropriation to, the Corps of Engineers in accordance with the provisions of section 4(1) of the Land 16 USC 460Z-6a. and Water Conservation Fund Act. ADMINISTRATIVE PROVISIONS

Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner authorized by 5 U.S.C. 4110, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901-5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; not to exceed $2,000 for official reception and representation expenses; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed 185 of which 185 shall be for replacement only) and hire of passenger motor vehicles: Provided, That the total accrued expend-

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Page:United States Statutes at Large Volume 95.djvu/1163

 PUBLIC LAW 97-88—DEC. 4, 1981

95 STAT. 1137

itures of the capital investment program of the revolving fund shall not exceed $130,000,000 in fiscal year 1982. GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in this title, except as specifically contained herein, shall be used to alter, modify, dismantle, or otherwise change any project which is partially constructed but not funded for construction in this title. SEC. 102. The project for Cuyahoga River Basin, Ohio, authorized by section 108 of the River and Harbor Act of 1970, is hereby modified to 84 Stat. 1820. provide for relocation of utilities in the vicinity of the Cleveland Zoo at full Federal expense, generally in accordance with the recommendations of the District Engineer, U.S. Army Engineer District, Buffalo, in paragraph 94 of the Phase II General Design Memorandum dated August 1979, notwithstanding any other provision of law. SEC. 103. Within funds available to the Corps of Engineers—Civil, $600,000 shall be for emergency shore protection at Beverly Shores, Indiana, and shall remain available until expended. SEC. 104. The discount rate for the Saginaw River, Michigan, project authorized in section 203 of Public Law 85-500 (72 Stat. 311) shall be as provided for in section 80b of Public Law 93-251 (88 Stat. 34) if non-Federal interests subsequently provide appropriate assur- 42 USC 1962d-17. ances for the non-Federal share of project costs. SEC. 105. Funds herein or hereinafter made available for the Mississippi River and tributaries project may be used to construct dikes at the lower and upper end of Lake Neark, Arkansas, for the purposes of reducing operation and maintenance costs for Osceola Harbor, Arkansas, and for recreation at a total estimated cost of $1,300,000. All work shall be undertaken substantially in accordance with the plan described in the draft stage three report on Lake Neark dated April 1981 prepared by the Memphis District Engineer, including provision for sharing of costs allocable to recreation in accordance 16 USC 460/-12 with the Federal Water Project Recreation Act (79 Stat. 213). SEC. 106. Within funds available to the Corps of Engineers—Civil, note. channel widening and bends easing shall be accomplished at Grays Harbor, Washington, in the vicinity of the Cow Point Turn to allow for the free movement of boats. SEC. 107. Funds herein or hereinafter made available to the Corps of Engineers—Civil for operation and maintenance of the Illinois Waterway shall be available to operate and maintain the Chicago Sanitary and Ship Canal portion of the Waterway in the interest of navigation. SEC. 108. Cla5^on Lake which is an element of the flood control Sardis Lake, project for the Clayton and Tuskahoma Reservoirs, Kiamichi River, designation. Oklahoma, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1187), shall hereafter be known as "Sardis Lake". Any law, regulation, map, document, or record of the United States in which such lake is referred to shall be held and considered to refer to such lake as "Sardis Lake". SEC. 109. From the funds appropriated by the second paragraph of Flood and this title for general investigations, no more than $70,000 shall be drainage study. expended for a study of flooding and drainage problems in Alexander problems, County and Pulaski County, both located in the State of Illinois, and no more than $100,000 shall be expended from funds appropriated for the main stem study of the Ohio River to evaluate alternatives for flood damage reduction in Saline County and Gallatin County, both located in the State of Illinois.

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Page:United States Statutes at Large Volume 95.djvu/1164

 95 STAT. 1138 Chetco River navigation project. 33 USC 603a.

Ouachita and Black Rivers navigation project.

Report to congressional committees.

PUBLIC LAW 97-88—DEC. 4, 1981

SEC. 110. Funds herein or hereinafter appropriated in this title for the Chetco River, Oregon navigation project, authorized by the 1945 River and Harbor Act, as amended and modified, shall be used to design and construct further modifications to that project in accordance with the Report of the Chief of Engineers, dated May 2, 1977. SEC. 111. The Chief of Engineers is hereby directed to raise the dam at Lake Darling, North Dakota, by approximately four feet and to implement upstream and downstream flood control measures. SEC. 112. No funds appropriated in this Act may be used to construct channel realignment work on the Ouachita and Black Rivers navigation project in Arkansas and Louisiana until such time as the Chief of Engineers has completed a restudy of the various options for navigation above Crossett, Arkansas, including the two barge abreast configuration, with a view toward reducing the number of cutoffs and bend widenings required. The results of this restudy should be reported to the respective Appropriations Committees of both Houses of the Congress for review, and should accurately reflect the economic and environmental tradeoffs of providing greater than two-barge navigation. TITLE II—DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION

43 USC 371 note.

For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau as follows: GENERAL INVESTIGATIONS

43 USC 504.

For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, to remain available until expended, $30,596,000, of which $30,396,000 is to be derived from the reclamation fund: Provided, That of the amount herein appropriated not to exceed $50,000 shall be available to initiate a rehabilitation and betterment program with the Farmers Irrigation District to rehabilitate facilities under the Act of October 7, 1949 (63 Stat. 724), as amended, to be repaid in full by the lands served and under conditions satisfactory to the Secretary of the Interior. CONSTRUCTION PROGRAM

43 USC 620d.

43 USC 1543.

For construction and rehabilitation of projects and parts thereof (including power transmission facilities for Bureau of Reclamation use) and for other related activities as authorized by law, to remain available until expended, $548,505,000, of which $130,063,000 shall be available for transfers to the Upper Colorado River Basin Fund authorized by section 5 of the Act of April 11, 1956, and $186,497,000 shall be available for transfers to the Lower Colorado River Basin Development Fund authorized by section 403 of the Act of September 30, 1968, for construction and for liquidation of contract authority provided pursuant to said Act: Provided, That of the total appropriated, $221,735,000 shall be derived from the reclamation fund: Provided further, That transfers to the Upper Colorado River Basin Fund and Lower Colorado River Basin Development Fund may be

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Page:United States Statutes at Large Volume 95.djvu/1165

 PUBLIC LAW 97-88—DEC. 4, 1981

95 STAT. 1139

increased or decreased by transfers within the overall appropriation to this heading: Provided further. That the final point of discharge for San Luis Unit. the interceptor drain for the San Luis Unit shall not be determined until development by the Secretary of the Interior and the State of California of a plan, which shall conform with the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters: Provided further. That no part of the funds herein approved shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument: Provided further. That of the amount herein appropriated under the Central Arizona Project, $2,000,000 shall be available for preconstruction activities on distribution systems pursuant to the Distribution Act of July 4, 1955, as amended. 43 USC OPERATION AND MAINTENANCE

421a-421h.

For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, to remain available until expended, $118,518,000, of which $82,303,000 shall be derived from the reclamation fund and such amounts as may be required for the Boulder Canyon Project shall be derived from the Colorado River Dam fund: Provided, That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and such advances shall remain available until expended. LOAN PROGRAM

For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as amended (43 U.S.C. 421a-421d), and August 6, 1956, as amended (43 U.S.C. 422a-422k), including expenses necessary for carrying out the program, $22,614,000, to remain available until expended: Provided, That during 1982, and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $26,922,000: Provided further. That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not yet executed by the 43 USC Secretary, which calls for the making of loans beyond the fiscal year 42ia-42ih. in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197). 43 USC 388. GENERAL ADMINISTRATIVE EXPENSES

For necessary expenses of general administration and related functions in the offices of the Commissioner of the Bureau of Reclamation and in the regional offices of the Bureau of Reclamation, $39,928,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses.

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Page:United States Statutes at Large Volume 95.djvu/1166

 95 STAT. 1140

PUBLIC LAW 97-88—DEC. 4, 1981 SPECIAL FUNDS

Transfer of

Sums herein referred to as being derived from the reclamation fund, the Colorado River Dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21, 1928 (43 U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C. 618a) respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the head "General Administrative Expenses" shall revert and be credited to the special fund from which derived. ADMINISTRATIVE PROVISIONS

58 Stat. 463.

43 USC 377a.

Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed 21 passenger motor vehicles of which 19 shall be for replacement only; purchase of two aircraft of which one shall be for replacement only; payment of not to exceed $2,500,000 for a water sprinkler fire suppression system and other safety modifications in office buildings at the Denver Federal Center, Lakewood, Colorado; payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; for service as authorized by 5 U.S.C. 3109, in total not to exceed $500,000; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head "Operation and Maintenance Administration", Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U.S.C. 461-467): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except "General Administrative Expenses" and amounts provided for appraisal and special investigations, and general engineering and research under the head "General Investigations". Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665). No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the

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Page:United States Statutes at Large Volume 95.djvu/1167

 PUBLIC LAW 97-88—DEC. 4, 1981

95 STAT. 1141

boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 201. Appropriations in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. SEC. 202. The Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior. SEC. 203. Appropriations in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 204. Appropriations in this title shall be available for hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchases of reprints; payment for telephone services in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. SEC. 205. Appropriations in this title shall be available for acquisition of land for the McGee Creek project, Oklahoma: Provided, That land required for the dam, dike, and any other authorized permanent features shall be acquired in fee title (surface and minerals): Provided further. That mineral and subsurface interests shall be acquired by subordination in the conservation pool area of the reservoir, natural scenic recreation area, and the wildlife management area in such a manner as to allow the present mineral owners, their successors and assignees the right to explore for and extract minerals under restrictions required to protect the project: Provided further. That only the surface estate be acquired for any other lands required for the McGee Creek project.

Emergency reconstruction.

Additional expenditure or transfer.

Warehouses, garages, shops, and similar facilities.

Aircraft and motor vehicles.

McGee Creek project.

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Page:United States Statutes at Large Volume 95.djvu/1168

 95 STAT. 1142

PUBLIC LAW 97-88—DEC. 4, 1981 TITLE III—DEPARTMENT OF ENERGY OPERATING EXPENSES ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES

42 USC 7101 ^°^-

For operating expenses of the Department of Energy necessary for energy supply, research and development activities and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), $1,970,926,000, to remain available until expended: Provided, That of the funds appropriated herein, $9,000,000 is to be derived by transfer of unobligated balances from the funds appropriated under the heading "Operation and Maintenance, Southwestern Power Administration", and $16,000,000 is to be derived by transfer from funds appropriated under the heading "Plant and Capital Equipment, Departmental Administration": Provided further, That $1,300,000 of the funds provided herein shall be for the Region X wood-derived fuels program and transferred to the Bonneville Power Administration for obligation and expenditure. GENERAL SCIENCE AND RESEARCH ACTIVITIES

For operating expenses of the Department of Energy necessary for general science and research activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), $411,060,000, to remain available until expended. ATOMIC ENERGY DEFENSE ACTIVITIES

For operating expenses of the Department of Energy necessary for atomic energy defense activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), $3,606,351,000, to remain available until expended. DEPARTMENTAL ADMINISTRATION

42 USC 5821.

For salaries and expenses of the Department of Energy necessary for departmental administration and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the hire of passenger motor vehicles and official reception and representation expenses (not to exceed $35,000); $368,368,000, to remain available until expended: Provided, That moneys received by the Department for miscellaneous revenues and estimated to total $167,900,000 in fiscal year 1982 may be retained and used for operating expenses within this account, and may remain available until expended, as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484): Provided further, That the sum herein appropriated shall be reduced as moneys for miscellaneous revenues are received during fiscal year 1982 so as to result in a final fiscal year 1982 appropriation of not more than $200,468,000. PLANT AND CAPITAL EQUIPMENT ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES

For expenses of the Department of Energy in connection with the purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for energy

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Page:United States Statutes at Large Volume 95.djvu/1169

 PUBLIC LAW 97-88—DEC. 4, 1981

95 STAT. 1143

supply, research and development activities and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the acquisition or condemnation of f2 USC 7ioi any real property or any facility or for plant or facility acquisition, note. construction, or expansion; purchase of passenger motor vehicles (not to exceed 103 for replacement only) including 24 police-type vehicles; purchase of two helicopters for replacement only; $332,200,000, to remain available until expended. GENERAL SCIENCE AND RESEARCH ACTIVITIES

For expenses of the Department of Energy in connection with the purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for general science and research activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 5 for replacement only); $118,300,000, to remain available until expended. ATOMIC ENERGY DEFENSE ACTIVITIES

For expenses of the Department of Energy in connection with purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for atomic energy defense activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 189 of which 166 are for replacement only) including 6 police-type vehicles; purchase of two helicopters; $1,066,803,000, to remain available until expended. DEPARTMENTAL ADMINISTRATION

For expenses of the Department of Energy necessary for departmental administration and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, or for the purchase, construction or acquisition of capital equipment and other expenses incidental thereto, $40,963,000, to remain available until expended. URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

For expenses of the Department of Energy in connection with operating expenses; the purchase, construction, and acquisition of plant and capital equipment and other expenses incidental thereto necessary for uranium supply and enrichment activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95-91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 23 for replacement only); $1,806,000,000, to remain available until expended: Provided, That revenues received by the Department for the enrichment of uranium and estimated to total

-194 0—82

74:QL3

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Page:United States Statutes at Large Volume 95.djvu/1170

 95 STAT. 1144

42 USC 5821.

PUBLIC LAW 97-88—DEC. 4, 1981

$1,805,000,000 in fiscal year 1982, shall be retained and used for the specific purpose of offsetting costs incurred by the Department in providing uranium enrichment service activities as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484): Provided further. That the sum herein appropriated shall be reduced as uranium enrichment revenues are received during fiscal year 1982 so as to result in a final fiscal year 1982 appropriation estimated at not more than $1,000,000. POWER MARKETING ADMINISTRATIONS OPERATION AND MAINTENANCE, ALASKA POWER ADMINISTRATION

For engineering and economic investigations to promote the development and utilization of the water, power, and related resources of Alaska, and for necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $3,538,000, of which $50,000 shall be available solely to defray emergency expenses necessary to ensure continuity of service, to remain available until expendeid. BONNEVILLE POWER ADMINISTRATION FUND

16 USC 838i.

Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are approved for purchase of one fixed wing aircraft for replacement only, for construction of Surprise Valley Area Service in the Alturas-Cedarville, California area and for official reception and representation expenses in an amount not to exceed $2,000. During fiscal year 1982 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $40,000,000. OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $7,237,000, to remain available until expended. OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, and for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, including purchase of one passenger motor vehicle for replacement only, $21,269,000, to remain available until expended.

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Page:United States Statutes at Large Volume 95.djvu/1171

 PUBLIC LAW 97-88—DEC. 4, 1981

95 STAT. 1145

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (Public Law 95-91), and other 42 USC 7152. related activities including conservation and renewable resources programs as authorized by law, including the purchase of passenger motor vehicles (not to exceed 10 of which 5 are for replacement only); $210,774,000, to remain available until expended, of which $135,200,000 shall be derived from the Department of the Interior reclamation fund and $680,000 shall be derived from the Colorado River Dam fund for power marketing and transmission expenses of the Boulder Canyon Project: Provided, That of the amount appropriated, $39,510,000 shall be available for Upper Colorado River Storage construction. EMERGENCY FUND, WESTERN AREA POWER ADMINISTRATION

For the "Emergency Fund", as authorized by the Act of June 26, 1948 (43 U.S.C. 502), to remain available until expended for the purposes specified in that Act, $500,000, to be derived from the Department of the Interior reclamation fund. FEDERAL ENERGY REGULATORY COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (Public Law 95-91), including services as authorized 42 USC 7ioi note. by 5 U.S.C. 3109, $76,177,000. GEOTHERMAL RESOURCES DEVELOPMENT FUND GEOTHERMAL LOAN GUARANTEE AND INTEREST ASSISTANCE PROGRAM

For administrative expenses of the Geothermal Resources Development Fund, $200,000, to remain available until expended; and for carrying out the Geothermal Loan Guarantee and Interest Assistance Program as authorized by the Geothermal Energy, Research, Development and Demonstration Act of 1974 (Public Law 93-410), 30 USC 1101 $2,000,000, to remain available until expended: Provided, That not to ^°^^exceed $2,000,000 from the Fund shall be available for interest differential payments in fiscal year 1982: Provided further, That the amounts remaining in the Fund shall be used as a default reserve for loan guarantees issued pursuant to section 201 of title II of Public Law 93-410, as amended. 30 USC ii4i. GENERAL PROVISIONS, DEPARTMENT OF ENERGY

SEC. 301. Appropriations to the Department of Energy under this Motor vehicles, title for the current fiscal year shall be available for hire of passenger aircraft. motor vehicles; hire, maintenance and operation of aircraft; purchase, repair and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From these appropriations, transfers of sums may be made to other agencies of the United States Government for the performance of

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Page:United States Statutes at Large Volume 95.djvu/1172

 95 STAT. 1146

Contributions, acceptance.

Appropriation transfers; submittal to congressional committees.

PUBLIC LAW 97-88—DEC. 4, 1981

work for which this appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriation Act, The Secretary is authorized to accept lands, buildings, equipment and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, private, or foreign. SEC. 302. Not to exceed 5 per centum of any appropriations made available for the current fiscal year for Energy Supply, Research and Development Activities; Uranium Supply and Enrichment Activities; General Science and Research Activities; Atomic Energy Defense Activities; and Departmental Administration may be transferred between such appropriations, but no such appropriation, except as otherwise provided, shall be increased or decreased by more than 5 per centum by any such transfers, and any such proposed transfers shall be submitted promptly to the Committees on Appropriations and the appropriate authorizing committees of the House and Senate for approval. SEC. 303. The unexpended balances of prior appropriations provided for activities covered in this title may be transferred to a new appropriation account for such activities established pursuant to this title. Balances so transferred may be merged with funds in the applicable newly established account and thereafter may be accounted for as one fund for the same time period as originally enacted. SEC. 304. All capitalized inventory balances and any unexpended balances related to inventories may be merged with any other appropriation within the Department under this Act. Balances so transferred will be available for the same time period as originally enacted. TITLE IV—INDEPENDENT AGENCIES APPALACHIAN REGIONAL COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Federal Cochairman and his alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $2,900,000. FUNDS APPROPRIATED TO THE PRESIDENT APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS

For expenses necessary to carry out the programs authorized by 40 USC app. 1. the Appalachian Regional Development Act of 1965, as amended, 40 USC app. 105. excopt expenses authorized by section 105 of said Act, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, to remain available until expended, $150,000,000 of which $100,000,000 shall be available for the Appalachian Development Highway System.

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Page:United States Statutes at Large Volume 95.djvu/1173

 PUBLIC LAW 97-88—DEC. 4, 1981

95 STAT. 1147

DELAWARE RIVER BASIN COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $121,000. CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION

For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706,707), $269,000. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN CONTRIBUTION TO INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), as amended by the Act of September 25, 1970 (Public 33 USC 567b. Law 91-407), $55,000. 33 USC 567b-i. NUCLEAR REGULATORY COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and 42 USC 5801 the Atomic Energy Act, as amended, including the employment of "°*^^ aliens; services authorized by 5 U.S.C. 3109; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms; official entertainment expenses (not to exceed $1,500); reimbursements to the General Services Administration for security guard services; hire of passenger motor vehicles and aircraft; $465,700,000, to remain available until expended: Provided,That from this appropriation, transfer of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That moneys received by the Commission for the cooperative nuclear safety research programs may be retained and used for salaries and expenses associated with those programs, notwithstanding the provisions of 31 U.S.C. 484, and shall remain available until expended: Provided further, That transfers between accounts may be made only with the approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further. That no part of the funds appropriated in this Act may be used to implement section 110 of Public Law 96-295: Provided further. That 94 Stat. 785. no funds appropriated to the Nuclear Regulatory Commission in this Act may be used to implement or enforce any portion of the Uranium Mill Licensing Requirements published as final rules at 45 Federal Register 65521 to 65538 on October 3, 1980, or to require any State to adopt such requirements in order for the State to continue to exercise

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Page:United States Statutes at Large Volume 95.djvu/1174

 95 STAT. 1148

42 USC 2014.

PUBLIC LAW 97-88—DEC. 4, 1981

authority under State law for uranium mill and mill tailings licensing, or to exercise any regulatory authority for uranium mill and mill tailings licensing in any State that has acted to exercise such authority under State law: Provided, however, That the Commission may use such funds to continue to regulate byproduct material, as defined in section H e. (2) of the Atomic Energy Act of 1954, as amended, in the manner and to the extent permitted prior to October 3, 1980. SUSQUEHANNA RIVER BASIN COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1541), $120,000. CONTRIBUTION TO SUSQUEHANNA RIVER BASIN COMMISSION

For payment of the United States share of the current expenses of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530, 1531), $217,000. TENNESSEE VALLEY AUTHORITY PAYMENT TO TENNESSEE VALLEY AUTHORITY FUND

16 USC 831 et

For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including purchase, hire, maintenance, and operation of aircraft, and purchase and hire of passenger motor vehicles, $129,162,000, to remain available until expended. WATER RESOURCES COUNCIL WATER RESOURCES PLANNING

For the Water Resources Council for salaries and related expenses necessary in carrying out the provisions of the Water Resources Planning Act of 1965 (42 U.S.C. 1962-1962d-3), as amended, including services as authorized by 5 U.S.C. 3109 and 42 U.S.C. 1962a-4(5), $3,888,000 including $658*,000 for expenses in administering the Act (42 U.S.C. 1962d(b)), and $3,230,000 for preparation of assessments and plans (42 U.S.C. 1962d(c)): Provided, That none of the funds included herein shall be used for an Independent Project Review, for expenses of River Basin Commissions or for Grants to States. TITLE V—GENERAL PROVISIONS SEC. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 502. None of the funds in this Act shall be used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded in this Act. SEC. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

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Page:United States Statutes at Large Volume 95.djvu/1175

 PUBLIC LAW 97-88—DEC. 4, 1981

95 STAT. 1149

SEC. 504. None of the funds in this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. SEC. 505. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency. SEC. 506. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon average of less than 22 miles per gallon. SEC. 507. None of the funds appropriated in this Act shall be used to implement a program of retention contracts for senior employees of the Tennessee Valley Authority. SEC. 508. The Senate hereby expresses its intention not to appropriate funds for improvements on the portion of the Black WarriorTombigbee Waterway south of Demopolis, Alabama. This Act may be cited as the "Energy and Water Development Short title. Appropriation Act, 1982". Approved December 4, 1981.

LEGISLATIVE HISTORY—H.R. 4144: HOUSE REPORTS: No. 97-177 (Comm. on Appropriations) and No. 97-345 (Comm. of SENATE REPORT No. 97-256 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 127 (1981): July 23, 24, considered and passed House. Nov. 3-5, considered and passed Senate, amended. Nov. 20, House agreed to conference report; concurred in certain Senate amendments. Nov. 21, Senate agreed to conference report; resolved amendments in disagreement. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 49 (1981): Dec. 4, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1176

 95 STAT. 1150

PUBLIC LAW 97-89—DEC. 4, 1981

Public Law 97-89 97th Congress An Act Dec. 4, 1981 [H.R. 3454]

Intelligence Authorization Act for Fiscal Year 1982.

To authorize appropriations for fiscal year 1982 for the intelligence and intelligencerelated activities of the United States Government, for the Intelligence Community Staff, and for the Central Intelligence Agency Retirement and Disability System, to authorize supplemental appropriations for fiscal year 1981 for the intelligence and intelligence-related activities of the United States Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the 'TnteUigence Authorization Act for Fiscal Year 1982", TITLE I—INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS

SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1982 for the conduct of the intelligence and intelligence-related activities of the following agencies of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OP AUTHORIZATIONS

Availability to congressional committees and President. Distribution.

SEC. 102. The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1982, for the conduct of the intelligence and intelligence-related activities of the agencies listed in such section, are those specified in the classified Schedule of Authorizations prepared by the committee of conference to accompany H.R. 3454 of the Ninety-seventh Congress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF PROGRAM AUTHORIZATIONS

SEC. 103. During fiscal year 1982, funds may not be made available for any activity for which funds are authorized to be appropriated by this Act unless such funds have been specifically authorized for such

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Page:United States Statutes at Large Volume 95.djvu/1177

 PUBLIC LAW 97-89—DEC. 4, 1981

95 STAT. 1151

activity or, in the case of funds appropriated for a different activity, unless the Director of Central Intelligence or the Secretary of Defense has notified the appropriate committees of Congress of the intent to make such funds available for such activity. AUTHORIZATION OF APPROPRIATIONS FOR COUNTER-TERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION

SEC. 104. In addition to the amounts authorized to be appropriated under section 101(9), there is authorized to be appropriated for fiscal year 1982 the sum of $11,900,000 for the conduct of the activities of the Federal Bureau of Investigation to counter terrorism in the United States. TITLE II—INTELLIGENCE COMMUNITY STAFF AUTHORIZATION OF APPROPRIATIONS

SEC. 201. There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1982 the sum of $13,600,000. AUTHORIZATION OP PERSONNEL END-STRENGTH

SEC. 202. (a) The Intelligence Community Staff is authorized two hundred and twenty full-time personnel as of September 30, 1982. Such personnel may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government. (b) During fiscal year 1982, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence-related activities. (c) During fiscal year 1982, any officer or employee of the United Personnel detail. States or member of the Armed Forces who is detailed to the Intelligence Community Staff from smother element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY

SEC. 203. During fiscal year 1982, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-4031) in the same 50 USC manner as activities and personnel of the Central Intelligence 403a-403Z. Agency. TITLE III—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM AUTHORIZATION OF APPROPRIATIONS

SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1982 the sum of $84,600,000.

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Page:United States Statutes at Large Volume 95.djvu/1178

 95 STAT. 1152

PUBLIC LAW 97-89—DEC. 4, 1981 TITLE IV—SUPPLEMENTAL AUTHORIZATION FOR FISCAL YEAR 1981 AUTHORIZATION OF APPROPRIATIONS

SEC. 401. In addition to the funds authorized to be appropriated under title I of the Intelligence Authorization Act for Fiscal Year 1981 (Public Law 96-450; 94 Stat. 1975), funds are hereby authorized to be appropriated for fiscal year 1981 for the conduct of the intelligence and intelligence-related activities of the United States Government. The amounts authorized to be appropriated under the preceding sentence are those specified for that purpose in the classified Schedule of Authorizations described in section 102. TITLE V—GENERAL PROVISIONS RELATING TO THE CENTRAL INTELLIGENCE AGENCY ALLOWANCES AND BENEFITS FOR CENTRAL INTELLIGENCE AGENCY PERSONNEL

SEC. 501. Section 4 of the Centred Intelligence Agency Act of 1949 (50 U.S.C. 403e) is amended— (1) by inserting "(a)" before "Under such regulations"; and (2) by adding at the end thereof the following new subsection: "(b)(l) The Director may pay to officers and employees of the Agency, and to persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces, allowances and benefits comparable to the allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law. Payment terms. "(2) The Director may pay allowances and benefits related to officially authorized travel, personnel and physical security activities, operational activities, and cover-related activities (whether or not such allowances and benefits are otherwise authorized under this section or any other provision of law) when payment of such allowances and benefits is necessary to meet the special requirements of work related to such activities. Payment of allowances and benefits under this paragraph shall be in accordance with regulations preRates. scribed by the Director. Rates for allowances and benefits under this paragraph may not be set at rates in excess of those authorized by section 5724 and 5724a of title 5, United States Code, when reimbursement is provided for relocation attributable, in whole or in part, to relocation within the United States. "(3) Notwithstanding any other provision of this section or any other provision of law relating to the officially authorized travel of Government employees, the Director, in order to reflect Agency requirements not taken into account in the formulation of Government-wide travel procedures, may by regulation— "(A) authorize the travel of officers and employees of the Agency, and of persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces who are engaged in the performance of intelligence functions, and "(B) provide for payment for such travel, in classes of cases, as determined by the Director, in which such travel is important to the performance of intelligence functions. "(4) Members of the Armed Forces may not receive benefits under both this section and title 37, United States Code, for the same

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 PUBLIC LAW 97-89—DEC. 4, 1981

95 STAT. 1153

purpose. The Director and Secretary of Defense shall prescribe joint regulations to carry out the preceding sentence, "(5) Regulations issued pursuant to this subsection shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.".

Regulations, submittal to congressional committees.

AUTHORTTY TO CARRY FIREARMS

SEC. 502. Subsection (d) of section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f[d)) is amended to read as follows: "(d) Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency's authorized functions, except that, within the United States, such authority shall be limited to the purposes of protection of classified materials and information, the training of Agency personnel and other authorized persons in the use of firearms, the protection of Agency installations and property, and the protection of Agency personnel and of defectors, their families, and other persons in the United States under Agency auspices; and". UNAUTHORIZED USE OF CENTRAL INTELLIGENCE AGENCY NAME, INFFIALS, OR SEAL

SEC. 503. The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end thereof the following new section: "MISUSE OF AGENCY NAME, INmALS, OR SEAL

"SEC 13. (a) No person may, except with the written permission of so use 403m. the Director, knowingly use the words 'Central Intelligence Agency', the initials 'CIA', the seal of the Central Intelligence Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Central Intelligence Agency. "(b) Whenever it appears to the Attorney General that any person Civii proceeding. is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited b^ subsection (a), the Attorney General may initiate a civil proceeding m a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.. INTELLIGENCE ADVISORY COMMFTTEES

SEC. 504. (a) Subsection (a) of section 303 of the National Security Act of 1947 (50 U.S.C. 405) is amended by striking out "at a rate not to exceed $50 for each day of service" in the last sentence and inserting in lieu thereof the following: "at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS-18 of the General Schedule established by section 5332 of title 5, United States Code". 5 USC 5332 note.

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 95 STAT. 1154

PUBLIC LAW 97-89—DEC. 4, 1981

(b) Subsection Cb) of such section is amended by striking out "section 281, 283, or 284 of title 18" and inserting in lieu thereof "section 203,205, or 207 of title 18". TITLE VI—GENERAL PROVISIONS RELATED TO THE NATIONAL SECURITY AGENCY ALLOWANCES AND BENEFITS FOR NATIONAL SECURITY AGENCY PERSONNEL 50 USC 402 note.

Regulations. Submittal to congressional committees.

SEC. 601. (a) Subsection (b)(1) of section 9 of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended to read as follows: "(1) allowances and benefits— "(A) comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law; and (B) in the case of selected personnel serving in circumstances similar to those in which personnel of the Central Intelligence Agency serve, comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency; and. (b) Such section is further amended by adding at the end thereof the following new subsections: "(d) Members of the Armed Forces may not receive benefits under both subsection (b)(1) and title 37, United States Code, for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection. "(e) Regulations issued pursuant to subsection (b)(1) shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.". L A N G U A G E TRAINING AND CRYPTOLOGIC UNGUIST RESERVE PROGRi

Regulations. 50 USC 402 note.

Special language project personnel.

3

SEC. 602. The National Security Agency Act of 1959 is amende (1) by inserting after section 9 the following: "SEC. 10. (a) The Director of the National Security Agency shall arrange for, and shall prescribe regulations concerning, language and language-related training programs for military and civilian cryptologic personnel. In establishing programs under this section for language and language-related training, the Director— (1) may provide for the training and instruction to be furnished, including functional and geographic area specializations; "(2) may arrange for training and instruction through other Government agencies and, in any case in which appropriate training or instruction is unavailable through Government facilities, through nongovernmental facilities that furnish training and instruction useful in the fields of language and foreign affairs; "(3) may support programs that furnish necessary language and language-related skills, including, in any case in which appropriate programs are unavailable at Government facilities, support through contracts, grants, or cooperation with nongovernmental educational institutions; and "(4) may obtain by appointment or contract the services of individuals to serve as language instructors, linguists, or special language project personnel.

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 PUBLIC LAW 97-89—DEC. 4, 1981

95 STAT. 1155

"(b)(1) In order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special monetary or other incentives to encourage civilian cryptologic personnel of the Agency to acquire or retain proficiency in foreign languages or special related abilities needed by the Agency. "(2) In order to provide linguistic training and support for cryptologic personnel, the Director— "(A) may pay all or part of the tuition and other expenses related to the training of personnel who are assigned or detailed for language and language-related training, orientation, or instruction; and "(B) may pay benefits and allowances to civilian personnel in accordance with chapters 57 and 59 of title 5, United States Code, and to military personnel in accordance with chapter 7 of title 37, United States Code, and applicable provisions of title 10, United States Code, when such personnel are assigned to training at sites away from their designated duty station. "(c)(1) To the extent not inconsistent, in the opinion of the Secretary of Defense, with the operation of military cryptologic reserve units and in order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director may establish a cryptologic linguist reserve. The cryptologic linguist reserve may consist of former or retired civilian or military cryptologic personnel of the National Security Agency and of other qualified individuals, as determined by the Director of the Agency. Each member of the cryptologic linguist reserve shall agree that, during any period of emergency (as determined by the Director), the member shall return to active civilian status with the National Security Agency and shall perform such linguistic or linguistic-related duties as the Director may assign. ' (2) In order to attract individuals to become members of the cryptologic linguist reserve, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special monetary incentives to individuals eligible to become members of the reserve who agree to become members of the cryptologic linguist reserve and to acquire or retain proficiency in foreign languages or special related abilities. "(3) In order to provide training and support for members of the cryptologic linguist reserve, the Director— "(A) may pay all or part of the tuition and other expenses related to the training of individuals in the cryptologic linguist reserve who are assigned or detailed for language and languagerelated training, orientation, or instruction; and "(B) may pay benefits and allowances in accordance with chapters 57 and 59 of title 5, United States Code, to individuals in the cryptologic linguist reserve who are assigned to training at sites awajr from their homes or regular places of business. "(d)(1) The Director, before providing training under this section to any individual, may obtain an agreement with that individual that— "(A) in the case of current employees, pertains to continuation of service of the employee, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code; and "(B) in the case of individuals accepted for membership in the cryptologic linguist reserve, pertains to return to service when

5 USC 5531.

5 USC 5701 et 37 USC 40i et
 * ^9-. 5901 et seq.

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