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96 STAT. 1577

LAND CONVEYANCE, COOK COUNTY, ILLINOIS

SEC. 811. (a) The Secretary of the Army (hereinafter in this section referred to as the "Secretary") is authorized to convey to the State of Illinois all right, title, and interest of the United States in and to approximately ten acres of land comprising a portion of the National Guard Maintenance Center located in Cook County, Illinois, and presently under license to the State of Illinois for National Guard use. The land authorized to be conveyed is more particularly described as follows: Beginning at a point four hundred feet north of the southwest corner of section 23; thence east of a line parallel to the south line of the southwest quarter of section 23, a distance of four hundred and eighty-two feet (plus or minus) to the existing chain link fence; thence north along the chain link fence eight hundred and forty feet (plus or minus) to the south line of the Illinois Central Railroad property; thence northwesterly and west along the same south property line of the Illinois Central Railroad to the west line of the southwest quarter of section 23; thence south along the west line of the southwest quarter of section 23, nine hundred and twenty feet (plus or minus) to the point of beginning, all lying in the southwest quarter of section 23, township 39 north, range 12 east of the third principal meridian. (b) In consideration for the conveyance authorized by subsection (a), the State of Illinois shall pay to the United States an amount equal to the appraised fair market value of the land to be conveyed (as determined by the Secretary), less any credit allowed under subsection (c). In addition, such conveyance shall be made subject to such terms, conditions, restrictions, and reservations as the Secretary determines to be necessary to protect the interests of the United States, including the interest of the United States in connection with the continued use by the United States of any property adjacent to or nearby the property conveyed. (c) In determining the amount to be paid as consideration for the land to be conveyed, the Secretary may give appropriate credit for costs previously incurred by the State of Illinois in improving that land incident to its use under license from the Secretary. (d) After the determination by the Secretary of the amount to be paid by the State of Illinois as consideration for the land to be conveyed (including the determination of any credit to be allowed under subsection (c)), and before the conveyance is made, the Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives setting forth the facts and circumstances leading to such determination. Such report shall include a detailed statement of the nature, extent, and amount of the costs previously incurred by the State for which the Secretary proposes to allow credit under subsection (c). (e) The cost of any survey in connection with the conveyance of such property shall be borne by the State of Illinois. (f) The authority of the Secretary under this section expires at the end of the two-year period beginning on the date of the enactment of this Act. LAND E X C H A N G E, KANSAS CITY, MISSOURI

SEC. 812. (a) The Secretary of the Army (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Kansas City Corporation for Industrial Development of Kansas City, Missouri (hereinafter in this section referred to as the "Corporation"),

Fair market value.

Report to congressional committees.

Expiration of Secretary's authority.

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Fai^ niarket value. '

Surveys.

PUBLIC LAW 97-321—OCT. 15, 1982

all right, title, and interest of the United States in and to a parcel of land, aggregating one and two-tenths acres, more or less, together with improvements thereon, situated in Jackson County, Kansas City, Missouri, and presently used by the United States for Army Reserve purposes and known as the Sergeant Charles R. Long Army Reserve Training Center. (b) In consideration for the conveyance by the Secretary under subsection (a), the Corporation shall— (1) convey to the United States all right, title, and interest in and to a parcel of land, aggregating four and one-half acres, more or less, together with improvements thereon, known as the Carlisle School; (2) repair and rehabilitate the Carlisle School in accordance with specifications approved by the Secretary; and (3) provide to the United States the cost, as determined by the Secretary, of relocating Federal Government activities from the Sergeant Charles R. Long Army Reserve Training Center to the Carlisle School. (Q) If the sum of the fair market value (as determined by the Secretary) of the property conveyed to the United States under subsection (b)(1) and the cost of the repair and rehabilitation under subsection (b)(2) is less than the fair market value (as determined by the Secretary) of the property of the United States conveyed under subsection (a), the Corporation shall pay to the United States the amount of the difference. Any such payment shall be deposited into the Treasury as miscellaneous receipts. (d) If the Corporation offers to provide to the United States another facility as consideration for the conveyance under subsection (a) in lieu of conveying the Carlisle School, and the Secretary determines that such facility is equal to or better than the Carlisle School from a functional, rehabilitative, economic, or other aspect, the Secretary may accept such alternative facility as consideration for the conveyance under subsection (a) in lieu of accepting the Carlisle School under subsection (b). Before accepting such facility, the Secretary shall submit a report of the facts concerning the proposed transaction to the Committees on Armed Services of the Senate and House of Representatives as required by section 2662 of title 10, United States Code. (e) The exact acreages and legal descriptions of the properties to be conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. The cost of any such survey shall be borne by the Corporation. (f) The Secretary may require such additional terms and conditions in connection with the conveyances authorized by this section as the Secretary considers appropriate to protect the interests of the United States. LAND EXCHANGE, FORT LEWIS, WASHINGTON

SEC. 813. (a) The Secretary of the Army (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Weyerhaeuser Corporation, Tacoma, Washington, all right, title, and interest of the United States in and to five parcels of land totaling approximately 300 acres located along the western boundary of the Fort Lewis Military Reservation, Pierce County, Washington, together with the improvements on such land. Such conveyance shall include the following easements on behalf of the United States:

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96 STAT. 1579

(1) A training easement over tract 1-US. (2) An access easement over tract 4-US. (b) In consideration for the conveyance authorized by subsection (a), the Weyerhaeuser Corporation— (1) shall convey, or cause to be conveyed, to the United States all right, title, and interest in and to two parcels of land totaling approximately 290 acres, together with the improvements on such parcels, which are acceptable to the Secretary and the value of which (as determined by the Secretary) is not less than the value of the land conveyed under subsection (a); and (2) shall pay all costs for the installation of fencing necessitated by the conveyances made pursuant to subsection (a) and this subsection (as determined by the Secretary). (c) The Secretary may not execute the conveyance authorized by subsection (a) unless the conveyance of the property referred to in subsection (b) is made to the United States without the reservation for the benefit of the Weyerhaeuser Corporation of any easement other than two easements over roads in tract 1-W. (d) The exact acreages and legal descriptions of the lands to be Surveys. conveyed under subsections (a) and (b) shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the Weyerhaeuser Corporation. (e) The Secretary may enter into an agreement with the appropriate officials of Pierce County, Washington, under which (1) the existing reversionary interest of Pierce County in the lands to be conveyed by the United States under subsection (a) is extinguished, and (2) the conveyance to the United States under subsection (b) is made subject to a similar reversionary interest in favor of Pierce County in the lands conveyed under such subsection. (f) The Secretary may require such additional terms and conditions in connection with the conveyances authorized by this section as the Secretary considers appropriate to protect the interests of the United States. ACTIVITIES TO ALLOW CONSOLIDATION OF CERTAIN FUNCTIONS AT WASHINGTON NAVY YARD, WASHINGTON, DISTRICT OF COLUMBIA

SEC. 814. (a) The Secretary of the Navy (hereinafter in this section referred to as the "Secretary") may spend funds appropriated to the Department of the Navy for military construction for fiscal years beginning after September 30, 1982, in an amount not to exceed $5,000,000 for projects at the Washington Navy Yard, Washington, IDistrict of Columbia, as follows: (1) Alteration, conversion, and modernization of building numbered 210 at the Washington Navy Yard for use as administrative office space. (2) Alterations of buildings numbered 142 and 198 for use as public works facilities in support of building numbered 210. (3) Systems, utilities, and site improvements in support of the projects described in clauses (1) and (2). (b)(l) The Secretary may dispose of the property owned by the United States at 8621 Georgia Avenue, Silver Spring, Maryland, sometimes known as the Wolfe Building. The disposal of such property shall be made at not less than the fair market value of the property (as determined by the Secretary), The Secretary may use the proceeds from such disposal to reimburse the appropriations

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 96 STAT. 1580

PUBLIC LAW 97-321—OCT. 15, 1982

account from which funds are spent for the projects authorized by subsection (a). (2) The authority of the Secretary under paragraph (1) includes authority to dispose of the property described in such paragraph by sale to private parties or transfer to any Federal, State, or local government agency for cash, on credit, and upon such other terms and conditions as the Secretary determines to be in the public interest. (c) Any proceeds from the disposal authorized by subsection (b) in excess of the amount necessary for reimbursement under subsection (a), as determined by the Secretary, shall be available to the Secretary for military construction projects authorized for the Navy for fiscal year 1984 and for later fiscal years. TECHNICAL AMENDMENT OF PRIOR AUTHORITY FOR LAND CONVEYANCE, SOUTH CHARLESTON, WEST VIRGINIA

SEC. 815. Section 915 of the Military Construction Authorization Act, 1982 (Public Law 97-99,95 Stat. 1388), is amended— (1) in subsection (a) by inserting "or the State of West Virginia" after "South Charleston, West Virginia" the first place it appears; and (2) in subsection (b)(l)(A) by inserting a comma and "or such other alternate sites which may be acceptable to the Secretary" after "South Charleston, West Virginia". Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 2586 (H.R. 6214): HOUSE REPORTS: No. 97-525 accompanying H.R. 6214 (Coram, on Armed Services), No. 97-880 (Comra. of Conference). SENATE REPORT No. 97-440 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 128 (1982): June 30, considered and passed Senate. Aug. 9, 11, H.R. 6214 considered and passed House; S. 2586, amended, passed in lieu. Sept. 28, Senate agreed to conference report. Sept. 29, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 42 (1982): Oct. 15, Presidential statement.

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 PUBLIC LAW 97-^22—OCT. 15, 1982 Public Law 97-^22 97th Congress

96 STAT. 1581

An Act

To authorize appropriations for the Coast Guard for fiscal years 1983 and 1984, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SEC. 101. This title may be cited as the "Coast Guard Authorization Act of 1982". SEC. 102. Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal years 1983 and 1984 as follows: (1) For the operation and maintenance of the Coast Guard, including expenses related to the Capehart housing debt reduction, $1,800,000,000 for fiscal year 1983 and $2,000,000,000 for fiscal year 1984, and such additional amounts for each such fiscal year as may be necessary for increases in salary, pay, and other employee benefits authorized by law. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $550,000,000 for fiscal year 1983 and $650,000,000 for fiscal year 1984. (3) For research, development, test, and evaluation, $22,000,000 for fiscal year 1983 and $32,000,000 for fiscal year 1984, of which sufficient funds shall be made available to continue in operation a Coast Guard research and development center through the end of fiscal year 1984. (4) For the alteration or removal of bridges over navigable waters of the United States, constituting obstructions to navigation, $8,000,000, for fiscal year 1983. (5) For retired pay including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and for payments for medical care of retired personnel and their dependents under the Dependents' Medical Care Act, such sums as may be necessary for fiscal years 1983 and 1984. SEC. 103. For fiscal years 1983 and 1984, the Coast Guard is authorized an end-of-year strength for active duty personnel of forty-one thousand five hundred. This end-of-year strength shall not include members of the Ready Reserve called to active duty under the authority of section 712 of title 14, United States Code. SEC. 104. For fiscal years 1983 and 1984, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, three thousand six hundred and sixty student-years. (2) For flight training, one hundred and eighteen studentyears.

Oct. 15, 1982 [S. 2252] Coast Guard, appropriation authorization for FY 1983 and 1984. Coast Guard Authorization Act of 1982.

70 Stat. 250.

Average military training student loads.

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Report to Congress. 14 USC 81 note.

Contracts, authority. 14 USC 81 note.

PUBLIC LAW 97-322—OCT. 15, 1982

(3) For professional training in military and civilian institutions, six hundred andfifty-fivestudent-years. (4> For officer acquisition, one thousand thirty-eight studentyears. SEC. 105. (a) Section 81 of title 14, United States Code, is amended by adding at the end thereof the following: "The Coast Guard may establish, maintain, and operate aids to maritime navigation under paragraph (1) of this section by contract with any person, public body, or instrumentality.". (b) Not later than one year after the date of enactment of this title, the Secretary of the department in which the Coast Guard is operating shall submit a report to the Congress evaluating— (1) the exercise by contract of the authority of the Coast Guard under section 81 of title 14, United States Code, to establish, maintain, and operate aids to navigation, including a discussion of any problems involved in exercising such authority by contract, the reasons for exercising or failing to exercise such authority by contract in particular areas, and the feasibility of expanding the exercise of such authority by contract; and (2) the advantages and disadvantages of increasing the ratio of civilian to military employees assigned to the establishment, maintenance, and operation of aids to navigation on the inland waterways of the United States. (c) Any authority to enter into contracts provided in this section shall be available only to the extent that appropriated funds are available for that purpose. SEC. 106. Subsections (e) and (f) of section 475 of title 14, United States Code, are repealed. SEC. 107. (a) Section 502(b) of the General Bridge Act of 1946 (33 U.S.C. 525(b)) is amended by adding at the end thereof the following: "This subsection shall not apply to any bridge over waters which are not subject to the ebb and flow of the tide and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.". (b) Section 9 of the Act of March 3, 1899, entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes" (33 U.S.C. 401) is amended by adding at the end thereof the following: "The approval required by this section of the location and plans or any modification of plans of any bridge or causeway shall not apply to any bridge or causeway over waters which are not subject to the ebb and flow of the tide and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.". (c) The first section of the Act of March 23, 1906, entitled "An Act to regulate the construction of bridges over navigable waters" (33 U.S.C. 491) is amended by adding at the end thereof the following: "This section shall not apply to any bridge over waters which are not subject to the ebb and flow of the tide and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.". SEC. 108. (a) Section 5 of the Act entitled "An Act making appropriations for the construction, repair, and preservation of certain

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public works on rivers and harbors, and for other purposes", enacted August 18, 1894 (33 U.S.C. 499; 28 Stat. 362), is amended— (1) by inserting "(a)" after "SEC. 5."; (2) by striking out "or who shall unreasonably delay the opening of said draw after reasonable signal shall have been given," in the second sentence; (3) by striking out "section" and inserting in lieu thereof "subsection"; (4) by striking out "any violation" and inserting in lieu thereof "any willful violation"; and (5) by adding at the end thereof the following new subsections: "(b) No vessel owner or operator shall signal a drawbridge to open for any nonstructural vessel appurtenance which is not essential to' navigation or which is easily lowered and no person shall unreasonably delay the opening of a draw after the signal required by rules or regulations under this section has been given. The Secretary of Transportation shall issue rules and regulations to implement this subsection. "(c) Whoever violates any rule or regulation issued under subsection (a) or (b), shall be liable to a civil penalty of not more than $1,000. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.". (b) Section 18 of the Act entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes", enacted March 3, 1899 (30 Stat. 1153; 33 U.S.C. 502), is amended by inserting "(a)" after "SEC. 18.", by striking out "Secretary of War" wherever it appears and inserting in lieu thereof "Secretary of Transportation", by striking out "recommended by the Chief of Engineers", and by adding at the end thereof the following new subsections: "(b) No owner or operator of any bridge, drawbridge, or causeway shall endanger, unreasonably obstruct, or make hazardous the free navigation of any navigable water of the United States by reason of the failure to keep the bridge, drawbridge, or causeway and any accessory works in proper repair. "(c) Whoever violates any provision of this section, or any order issued under this section, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.".

Rules and regulations. Violation, penalty.

Violation, penalty.

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Violation, penalty.

Violation, penalty.

95 Stat. 1706.

46 USC 9.

PUBLIC LAW 97-^22—OCT. 15, 1982

(c) Section 5 of the Act entitled "An Act to regulate the construction of bridges over navigable waters", enacted March 23, 1906 (33 U.S.C. 495; 34 Stat. 85), is amended— (1) by inserting "(a)" after "SEC. 5."; (2) by striking out "who shall fail" and inserting in lieu thereof "who shall willfully fail"; (3) by striking out "shall be deemed guilty of a violation of this Act, and any persons who shall be guilty of a violation of this Act"; and (4) by adding at the end thereof the following new subsection: "(b) Whoever violates any provision of this Act, or any order issued under this Act, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty untU the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any oistrict in which the violation occurs for such penalty.". (d) Section 510 of the General Bridge Act of 1946 (60 Stat. 847; 33 U.S.C. 533) is amended— (1) by inserting "(a)" after "SEC. 510."; (2) by striking out "who fails" each place it appears and inserting in lieu thereof "who willfully fails", by striking out "who refuses" and inserting in lieu thereof who willfully refuses", and by striking out "otherwise violates" and inserting in lieu thereof otherwise willfully violates"; and (3) by adding at the end thereof the following new subsection: "(b) Whoever violates any provision of this Act, or any order issued under this Act, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.". SEC. 109. The Act entitled "An Act to constitute a Bureau of Navigation in the Treasury Department", enacted July 5, 1884 (23 Stat. 118), is amended by adding at the end of section 8 (as added by section 9 of Public Law 97-136) the following new subsection: "(d) In any case in which an inspection or examination is delegated under subsection (a) to the American Bureau of Shipping, or similar American classification society, or agent thereof, such Bureau, society, or agent, as the case may be, shall maintain within the United States complete files of all information derived from or necessarily connected with such inspection or examination for not less than two years after the vessel with respect to which the inspection or examination is made ceases to be certificated and shall

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permit access to such files at all reasonable times to any member of the Coast Guard designated as a marine inspector and serving in a position as a marine inspector or designated in writing by the Commandant of the Coast Guard to have such access.". SEC. 110, Section 4417a of the Revised Statutes of the United States (46 U.S.C. 391a) is amended by striking out paragraph (11) and inserting in lieu thereof the following: "(11)

PERSONNEL AND MANNING STANDARDS FOR FOREIGN VES-

SELS.—The Secretary shall— Evaluation. "(A) periodically evaluate the manning, training, qualification, and watchkeeping standards promulgated by the certificating state of any foreign vessel which operates on or enters the navigable waters of the United States, and transfers oil or hazardous materials in any port or place under the jurisdiction of the United States; and "(B) determine, after each evaluation made under clause (A), whether the foreign state, whose system for licensing and certification of seafarers was evaluated, has standards which are comparable to or more stringent than United States standards or international standards which are accepted by the United States.". SEC. 111. Section 4417a(19) of the Revised Statutes of the United States (46 U.S.C. 391a(19)) is repealed. SEC. 112. (a) Section 34 of the Federal Boat Safety Act of 1971 (46 U.S.C. 1483) is amended by striking out "$1,000" and inserting in lieu thereof "$5,000". (b) Section 35(b) of the Federal Boat Safety Act of 1971 (46 U.S.C. 1484(b)) is amended by striking out "$500" and inserting in lieu thereof "$1,000". SEC. 113. The Commandant of the Coast Guard shall review Coast Review. Guard policies and procedures for towing and salvage of disabled 14 USC 88 note. vessels in order to further minimize the possibility of Coast Guard competition or interference with private towing activities or other commercial enterprise. SEC. 114. Notwithstanding any other provision of law, the number of full-time civilian employees of the Coast Guard shall be maintained at a level not less than five thousand four hundred and eighty-four throughout fiscal years 1983 and 1984. SEC. 115. (a)(1) Chapter 3 of title 14, United States Code, is amended by adding at the end thereof the following new section: "§ 52. Vice admirals, continuity of grade "The continuity of an officer's precedence on the active duty promotion list, date of rank, grade, pay, and allowances as a vice admiral shall not be interrupted by the termination of an appointment for the purpose of reappointment to another position as a vice admiral.". (2) The analysis of chapter 3 of title 14, United States Code, is amended by adding the following new item after the item relating to section 51:

14 USC 52.

"52. Vice admirals, continuity of grade.".

(b)(1) Section 368 of title 14, United States Code, is repealed. (2) The analysis of chapter 11 of title 14, United States Code, is amended by striking out:

Repeal.

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"368. Discharge in case of underage enlistment.".

Publication Federal Register.

Publication Federal Register.

Publication Federal Register.

(c) Section 93 of title 14, United States Code, is amended by— (1) striking out "and" at the end of subsection (p); (2) striking out the period at the end of subsection (q) and inserting in lieu thereof "; and "; and (3) adding at the end thereof the following new subsection: "(r) provide medical and dental care for personnel entitled thereto by law or regulation, including care in private facilities.". SEC. 116. Section 306(f) of title 37, United States Code, is amended by striking out "The Secretary of Transportation shall make a similar report for the Coast Guard when the Coast Guard is not operating as a service in the Navy.". SEC. 117. Paragraph (1) of the first section of the Act entitled "An Act to authorize appropriations for the Coast Guard for fiscal year 1982, and for other purposes" (95 Stat. 1705; Public Law 97-136) is amended by striking out "$1,404,800,000" and inserting in lieu thereof "$1,548,800,000". SEC. 118. (a)(1) Section 33(a) of the Federal Boat Safety Act of 1971 (46 U.S.C. 1482(a)) is amended by adding at the end thereof the following: "The Secretary shall, not less often than once a year, publish notice in the Federal Register for solicitation of nominations for membership on the Council.". (2) Section 33(b) of the Federal Boat Safety Act of 1971 (46 U.S.C. 1482(b)) is amended by adding at the end thereof the following: "The Council is authorized to make available to Congress any information, advice, and recommendations which the Council is authorized to give to the Secretary.". (3) Section 33(c) of the Federal Boat Safety Act of 1971 (46 U.S.C. 1482(c)) is amended by striking out "when engaged in the duties of the Council" and inserting in lieu thereof "while attending meetings of the Council". (b)(1) Section 193 of title 14, United States Code, is amended in the first sentence by inserting before the period the following: "(or, in the case of a member of the Committee who is an officer or employee of the United States, who shall receive no additional pay on account of his service on the Committee)". (2) Section 193 of title 14, United States Code, is amended by adding at the end thereof the following: "The Secretary shall, not less often than once a year, publish notice in the Federal Register for solicitation of nominations for membership on the Advisory Committee. The Advisory Committee is authorized to make available to Congress any information, advice, and recommendations which the Advisory Committee is authorized to give to the Secretary or the Commandant.". (c)(1) Section 5(a) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073(a)) is amended by adding at the end thereof the following: "The Secretary shall, not less often than once a year, publish notice in the Federal Register for solicitation of nominations for membership on the Council.". (2) Section 5(b) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073(b)) is amended by adding at the end thereof the following: "The Council is authorized to make available to Congress any information, advice, and recommendations which the Council is authorized to give to the Secretary.". (3) Section 5(c) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073(c)) is amended by striking out "or while otherwise

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96 STAT. 1587

engaged in the business of the Council" and by striking out ", including traveltime". (d) The Act entitled "An Act to establish a Towing Safety Advisory Committee in the Department of Transportation" (33 U.S.C. 1231a; 94 Stat. 1521) is amended as follows: (1) Subsection Qo) of the first section is amended by adding at Publication in the end thereof the following: "The Secretary shall, not less Federal often than once a year, publish notice in the Federal Register Register. for solicitation of nominations for membership on the Committee.". (2) Subsection (c) of the first section is amended by adding at the end thereof the following: "The Committee is authorized to make available to Congress any information, advice, and recommendations which the Committee is authorized to give to the Secretary.". (3) Subsection (d) of the first section is amended by adding before the first sentence the following: "Members of the Com- Pay. mittee who are not officers or employees of the United States shall serve without pay and members of the Committee who are officers or employees of the United States shall receive no additional pay on account of their service on the Committee. While away from their homes or regular places of business, Travel expenses. members of the Committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.". (e)(1) The Secretary of the department in which the Coast Guard is Publication in operating shall, not less often than once a year, publish notice in the Federal Federal Register for solicitation of nominations for membership on Register. note. 14 USC 631 any advisory committee established administratively for the purpose of giving advice and recommendations to such Secretary or the Commandant of the Coast Guard with respect to functions of the Coast Guard. (2) Any advisory committee described in paragraph (1) of this subsection is authorized to make available to Congress any information, advice, and recommendations which the committee is authorized to give to the Secretary of the department in which the Coast Guard is operating or the Commandant of the Coast Guard. (3) Members of any advisory committee described in paragraph (1) Pay. of this subsection who are not officers or employees of the United States shall serve without pay and members of any such committee who are officers or employees of the United States shall receive no additional pay on account of their service on such committee. While Travel expenses. away from their homes or regular places of business, members of any such committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. SEC. 119. Section 4450(a) of the Revised Statutes of the United States (46 U.S.C. 239(a)) is amended in the first sentence by inserting "or to the loss of life involved in such casualty" after "of such casualty". SEC. 120. Section 4450 of the Revised Statutes of the United States (46 U.S.C. 239) is amended— (a) by redesignating subsections (j) and (k) as subsections (k) and (1), respectively; and (b) by inserting after subsection (i) the following new subsection:

97-200 O - 8 4 - p t. 2

8: QL3

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 96 STAT. 1588 Hearing, notification to congressional committees.

Information, submittal to congressional committees.

Sailing School Vessels Act of 1982 46 USC 446 note.

46 USC 390a.

46 USC 390b.

46 USC 390c, 390d.

Violation, civil penalty.

PUBLIC LAW 97-322—OCT. 15, 1982

"O'XD The Commandant of the Coast Guard shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives of any hearing involving the investigation of a major marine casualty involving loss of life under subsection (a) before such hearing occurs. "(2) The Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Merchant Marine and Fisheries of the House of Representatives any information on major marine casualties which is requested to be submitted by either of the committees or the chairman of either of the committees if the submission of such information is not prohibited by any other statute of the United States.". SEC. 121. It is the sense of the Congress that the President and the Coast Guard should give the search and rescue operations of the Coast Guard a high priority. TITLE II SEC. 201. This title may be cited as the "Sailing School Vessels Act of 1982". SEC. 202. The Act entitled "An Act to require the inspection and certification of certain vessels carrying passengers", enacted May 10, 1956 (46 U.S.C. 390 et seq.; 70 Stat. 151), is amended as follows: (1) Subsection (a) of the first section is amended by inserting ", or any guest on board a sailing school vessel," after "purposes" in paragraph (5). Such subsection is further amended by striking out "or" at the end of paragraph (5), by striking out the period at the end of paragraph (6) and inserting in lieu thereof "(7) any sailing school instructor or sailing school student.". (2) Section 2(a) is amended by striking out "and each freightcarrying vessel," and inserting in lieu thereof ", each freightcarrying vessel, and each sailing school vessel". Section 2(a)(3) is amended by striking out "and the crew" and inserting in lieu thereof ", crew, sailing school students and sailing school instructions", (3) Section 3 is amended by striking out "and freight-carrying vessels" and inserting in lieu thereof ", freight-carrying vessels, and sailing school vessels". Section 3 is further amended by striking out "and crew," and inserting in lieu thereof ", crew, sailing school students, and sailing school instructors," and by inserting after "number of passengers" the following: ", sailing school students, and sailing school instructors". (4) Sections 4(a), 4(b), and 5 are each amended by striking out "or freight-carrying vessel" each place it appears and inserting in lieu thereof ", freight-carrying vessel, or sailing school vessel". (5) Section 5 is further amended by designating the existing language, as amended by this title, as subsection (a) and by adding at the end thereof the following new subsection: "(b) Whoever violates any rule or regulation of this Act shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secre-
 * or", and by adding at the end thereof the following:

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 P U B L I C L A W 97-^22—OCT. 15, 1982

96 STAT. 1589

tary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.". (6) The first section is further amended by adding at the end thereof the following: "(f) The term 'sailing instruction' means teaching, research, and Definitions. practical experience in the operation of vessels propelled primarily by sail and may include any subjects related thereto and to the sea, including but not limited to seamanship, navigation, oceanography, other nautical and marine sciences, and maritime history and literature. "(g) The term 'sailing school vessel' means a vessel which the Secretary finds to be less than five hundred gross tons, carrying six or more individuals who are sailing school students or sailing school instructors, principally equipped for propulsion by sail, whether or not the vessel has any auxiliary means of propulsion, and owned or demise chartered and operated by an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 and exempt 26 USC 501. from tax under section 501(a) of such Code, as now or hereafter amended, or by any State or political subdivision thereof, during such times as the vessel is operated by such organization or State or political subdivision exclusively for the purposes of sailing instruction. "(h) The term 'sailing school instructor' means any person who is aboard a sailing school vessel for the purpose of furnishing sailing instruction. Such term does not include any operator or member of the crew of such a vessel who is among those required to be aboard the vessel to meet requirement establishing under section 3 of this Act. "(i) The term 'sailing school student' means any person who is aboard a sailing school vessel for the purpose of receiving sailing instruction.". SEC. 203. Section 13(b) of the Act of March 4, 1915 (46 U.S.C. 672(b)), is amended by adding at the end thereof the following new paragraph: "(4) 'Able seaman-sail' qualified for service on any waters "Able seamanshall have at least six months' service on deck on sailing school sail." ships, oceanographic research vessels powered primarily by sail, or equivalent sailing vessels operating on the oceans or navigable waters of the United States including the Great Lakes.". SEC. 204. Sailing school students and sailing school instructors 46 USC 446. shall not be considered to be seamen under the provisions of titles 52 and 53 of the Revised Statutes of the United States and any Act amendatory thereof or supplementary thereto, or for the purposes of the maritime law doctrines of maintenance and cure or warranty of seaworthiness. SEC. 205. Each owner or charterer of a sailing school vessel shall 46 USC 446a. maintain evidence of his or her financial responsibility to meet any liability incurred for death or injury to sailing school students or sailing school instructors on voyages aboard the vessel, in an amount not less than $50,000 for each student or instructor. Such

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 96 STAT. 1590

46 USC 446b.

Definitions. 46 USC 446c.

Rules and regulations. 46 USC 446d.

Effective date. 46 USC 446 note.

PUBLIC LAW 97-322—OCT. 15, 1982

financial responsibility may be evidenced by policies of insurance or other adequate financial resources. SEC. 206. For the purposes of section 3 of the Act of February 17, 1898 (46 U.S.C. 291), and section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883), a sailing school vessel shall not be deemed to be a merchant vessel or a vessel engaged in trade or commerce. SEC. 207. For purposes of sections 203,204,205,206, and 208 of this title, the terms "sailing school students", "sailing school instructor", and "sailing school vessel" have the meaning given such terms in the first section of the Act entitled "An Act to require the inspection and certification of certain vessels carrying passengers", enacted May 10, 1956 (46 U.S.C. 390) as amended by this title. SEC. 208. (a) The Secretary of the department in which the Coast Guard is operating shall, after consultation with representatives of the private sector having experience in the operation of vessels likely to be certified as sailing school vessels, but not later than eighteen months after the date of enactment of this title, prescribe rules and regulations to carry out this title including the amendments made by this title. Such rules and regulations shall reflect the specialized nature of sailing school vessel operations, and the character, design, and construction of vessels operating as sailing school vessels, and shall include requirements for notice to sailing school students and sailing school instructors regarding the specialized nature of sailing school vessels and applicable safety regulations. Any manning requirement imposed with respect to sailing school vessels shall take into account the participation of sailing school students and sailing school instructors in the operation of such vessels. (b) Sections 202, 203, 204, 205, 206, and 207 of this title and the amendments made by such sections shall take effect eighteen months after the date of enactment of this Act or on the date upon which the rules and regulations referred to in subsection (a) take effect, whichever is earlier. Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 2252 (H.R. 5617): HOUSE REPORTS: No. 97-563, Pt. I (Comm. on Merchant Marine and Fisheries) and Pt. II (Comm. on Public Works and Transportation). SENATE REPORT No. 97-361 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 128 (1982): May 5, considered and passed Senate. July 15, H.R. 5617 considered and passed House; S. 2252, amended, passed in lieu. Sept. 27, House concurred in House amendments with an amendment. Sept. 29, House concurred in Senate amendment.

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 PUBLIC LAW 97-323—OCT. 15, 1982

96 STAT. 1591

Public Law 97-323 97th Congress A n Act Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1983, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1983, for military construction functions administered by the Department of Defense, and for other purposes, namely:

Oct. 15, 1982 [H.R. 6968] Military Construction Appropriation Act, 1983.

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, and for construction and operation of facilities in support of the functions of the Commander-in-Chief, $929,720,000, to remain available until September 30, 1987: Provided, That of this amount, not to exceed $145,240,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: And provided further. That $8,000,000 of the funds available for planning and design shall be available only for the design of the renovation of and addition to Brooke Army Medical Center at Fort Sam Houston, Texas.

Notification to congressional committees.

MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $1,080,750,000, to remain available until September 30, 1987: Provided, That of this amount, not to exceed $111,792,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. MiuTARY C O N S T R U C T I O N, A I R FOR C E

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $1,551,414,000, to remain available until September 30, 1987: Pro-

Notification to congressional committees.

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 96 STAT. 1592 Notification to congressional committees.

PUBLIC LAW 97-323—OCT. 15, 1982

vided. That of this amount, not to exceed $120,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additions obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. MiuTARY CONSTRUCTION, DEFENSE AGENCIES (INCLUDING TRANSFER OF FUNDS)

Notification to congressional committees.

For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $389,770,000, to remain available until September 30, 1987, and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, test, and evaluation. Defense Agencies" as determined by the Secretary of Defense, to be merged with and to be available for the same purposes, and for the same time period, as this appropriation: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further. That of the amount appropriated, not to exceed $14,500,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

Ante, p. 156.

For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area as authorized in military construction Acts and section 2806 of title 10, United States Codo, $325,000,000, to remain available until expended. MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contribution therefor, as authorized by chapter 10 USC 2231 e < 133 of title 10, United States Code, as amended, and military until September 30, 1987. MiuTARY CONSTRUCTION, AIR NATIONAL GUARD
 * ^9construction authorization Acts, $54,958,000, to remain available

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chap-

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 PUBLIC LAW 97-323—OCT. 15, 1982

96 STAT. 1593

ter 133 of title 10, United States Code, as amended, and military lo use 2231 et construction authorization Acts, $127,900,000, to remain available ^^^ until September 30, 1987. MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and military construction authorization Acts, $41,800,000, to remain available until September 30, 1987. MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and military construction authorization Acts, $25,200,000, to remain available until September 30, 1987. MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and military construction authorization Acts, $35,600,000, to remain available until September 30, 1987. FAMILY HOUSING, ARMY

For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $127,791,000; for Operation and maintenance, $834,245,000; for debt payment, $43,184,000; in all, $1,005,220,000: Provided, That the amount provided for construction shall remain available until September 30, 1987. FAMILY HOUSING, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $98,991,000; for Operation and maintenance, $604,516,000; for debt payment, $32,793,000; in all, $736,300,000: Provided, That the amount provided for construction shall remain available until September 30, 1987. FAMILY HOUSING, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt

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 96 STAT. 1594

PUBLIC LAW 97-323—OCT. 15, 1982

payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $110,904,000; for Operation and maintenance, $722,153,000; for debt payment, $64,114,000; in all, $897,171,000: Provided, That the amount provided for construction shall remain available until September 30, 1987. FAMILY HOUSING, DEFENSE AGENCIES

For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $513,000; for Operation and maintenance, $13,800,000; in all, $14,313,000: Provided, That the amount provided for construction shall remain available until September 30, 1987. HOMEOWNERS ASSISTANCE FUND, DEFENSE

42 USC 3374.

For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89-754, as amended), $2,000,000. GENERAL PROVISIONS

Prior appropiations.

Contracts.

Service facilities.

Motor vehicles. 31 USC 638f. Access roads, construction. 31 USC 700b.

SEC. 101. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the second session of the Ninety-seventh Congress. SEC. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 104. Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. SEC. 105. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.

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 PUBLIC LAW 97-323—OCT. 15, 1982

96 STAT. 1595

SEC. 106. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. SEC. 107. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest. SEC. 108. None of the funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. SEC. 109. None of the funds appropriated in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations. SEC. 110. None of the funds appropriated or otherwise made available under this Act shall be obligated or expended in connection with any base realignment or closure activity, until all terms, conditions and requirements of the National Environmental Policy Act have been complied with, with respect to each such activity. SEC. 111. No part of the funds appropriated in this Act may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. SEC. 112. No part of the funds appropriated in this Act for dredging in the Indian Ocean may be used for the performance of the work by foreign contractors: Provided, That the low responsive bid of a United States contractor does not exceed the lowest responsive bid of a foreign contractor by greater than 20 per centum. SEC. 113. No part of the funds appropriated in this Act may be obligated for design of any site-specific facilities for the MX missile system until all terms, conditions, and requirements of the National Environmental Policy Act (42 U.S.C. 4332) are met. SEC. 114. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. SEC. 115. No part of the funds appropriated in this Act may be used to pay the compensation of an officer of the Government of the United States or to reimburse a contractor for the employment of a person for work in the continental United States by any such person if such person is an alien who has not been lawfully admitted to the United States. SEC. 116. 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. SEC. 117. Notwithstanding any other provision of law, any funds appropriated to a military department or defense agency for the

New bases.

Land purchases or easements.

Family housing.

Notification to Committees on Appropriations. Base realignment or closure activities. 42 USC 4321 note. Steel procurement.

Indian Ocean dredging.

MX missile facilities, design.

Foreign real property taxes.

Illegal alien, employment.

Consulting service contracts.

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 96 STAT. 1596

Transfer of funds. 42 USC 1594a-l.

Fuel-fired electric power generating plant, construction. Ante, p. 171. Ante, p. 1553.

Fort DeRussy, Honolulu, Hawaii. Short title.

PUBLIC LAW 97-323—OCT. 15, 1982

construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were appropriated if the funds obligated for such project (1) are obligated from funds available for military construction projects, and (2) do not exceed the amount appropriated for such projects, plus any amount by which the cost of such project is increased pursuant to law. SEC. 118. Unexpended balances in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87-554 shall be transferred to the appropriations for Family Housing provided in this Act, as determined by the Secretary of Defense, based on the purposes for which originally appropriated, and shall remain available for obligation for the same period as such funds were available before such transfer is made, except for funds available for debt payment, which shall remain available until September 30, 1983. SEC. 119. Pursuant to 10 U.S.C. 2394 and section 201 of the Military Construction Authorization Act, 1983, the Navy is authorized (a) to construct and operate a refuse derived fuel-fired electric power generating plant and Qa) to contract for fuel supplies at the Norfolk Naval Shipyard (NNSY). Any electric power and fuel supplies produced in excess of the needs of the Navy may be sold: Provided, however, That any proceeds from such sales, adjusted for costs related thereto, shall be credited to the Treasury as miscellaneous receipts. SEC. 120. None of the funds appropriated in this Act may be obligated or expended in any way for the express purpose of the sale, lease, or rental of any portion of land currently identified as Fort DeRussy, Honolulu, Hawaii. This Act may be cited as the "Military Construction Appropriation Act, 1983". Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 6968: HOUSE REPORTS: No. 97-726 (Ckimm. on Appropriations) and No. 97-913 (Comm. of Conference). SENATE REPORT No. 97-572 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 19, considered and passed House. Sept. 27, considered and passed Senate, amended. Oct. 1, House agreed to conference report; receded from certain amendments and concurred in others with amendments; Senate agreed to conference report; concurred in House amendments.

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 PUBLIC LAW 97-324—OCT. 15, 1982

96 STAT. 1597

Public Law 97-324 97th Congress An Act To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SEC. 101. There is hereby authorized to be appropriated to the National Aeronautics and Space Administration to become available October 1, 1982: (a) For "Research and development", for the following programs: (1) Space Shuttle, $1,798,000,000; (2) Space flight operations, $1,699,000,000; (3) Expendable launch vehicles, $42,800,000; (4) Physics and astronomy, $473,700,000; (5) Planetary exploration, $177,600,000; (6) Life sciences, $55,700,000; (7) Space applications, $336,300,000; (8) Technology utilization, $9,000,000; (9) Aeronautical research and technology, $280,000,000; (10) Space research and technology, $128,000,000; and (11) Tracking and data acquisition, $503,900,000. (b) For "Construction of facilities", including land acquisition, as follows: (1) Construction of data analysis facility, Hugh L. Dryden Flight Research Facility, $4,500,000; (2) Rehabilitation and modification of utility systems, Goddard Space Flight Center, $2,840,000; (3) Modifications to the 4- by 7-meter low speed tunnel, Langley Research Center, $7,200,000; (4) Modifications to upgrade the transonic dynamics tunnel, Langley Research Center, $9,000,000; (5) Modification of rocket engine test facility for altitude testing, Lewis Research Center, $995,000; (6) Modification to 450 PSI air system in engine research building, Lewis Research Center, $2,920,000; (7) Rehabilitation of airfield. Wallops Flight Center, $2,150,000; (8) Space Shuttle facilities at various locations as follows: (A) Modifications to solid rocket booster refurbishment and subassembly facilities, John F. Kennedy Space Center, $1,700,000; (B) Modification of manufacturing and final assembly facilities for external tanks, Michoud Assembly Facility, $17,845,000; (C) Minor Shuttle-unique projects, various locations, $1,860,000;

Oct. 15, 1982 [H.R. 5890]

National Aeronautics and Space Administration Authoriation Act, 1983.

Facilities construction.

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 96 STAT. 1598

Research and program management. Research and development.

Scientific consultations or extraordinary expenses.

PUBLIC LAW 97-324—OCT. 15, 1982

(9) Space Shuttle payload facility: Rehabilitation and modification for payload ground support operations, John F. Kennedy Space Center, $1,740,000; (10) Repair of facilities at various locations, not in excess of $500,000 per project, $15,000,000; (11) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $20,000,000; (12) Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $250,000 per project, $4,000,000; and (13) Facility planning and design not otherwise provided for, $8,250,000. (c) For "Research and program management", $1,168,900,000, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. (d) Notwithstanding the provisions of subsection (g), appropriations hereby authorized for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" pursuant to this Act may be used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified and to the extent provided in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection (c) may be used, but not to exceed $25,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) Of the funds appropriated pursuant to subsections (a) and (c), not in excess of $75,000 for each project, including collateral equipment, may be used for construction of new facilities and additions to

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 PUBLIC LAW 97-324—OCT. 15, 1982

96 STAT. 1599

existing facilities, and for repair, rehabilitation, or modification of facilities: Provided, That, of the funds appropriated pursuant to subsection (a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. SEC. 102. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1) through (12), inclusive, of section 101(b)— (1) in the discretion of the Administrator or his designee, may be varied upward 10 percent, or (2) following a report by the Administrator or his designee to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the circumstances of such action, may be varied upward 25 percent, to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 103. Not to exceed one-half of 1 percent of the funds appropriated pursuant to section 101(a) hereof may be transferred to and merged with the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to section 101(b) hereof (other than funds appropriated pursuant to paragraph (13) of such section) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in section 101(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a written report containing a full and complete statement concerning (i) the nature of such construction, expansion, or modification, (ii) the cost thereof including the cost of any real estate action pertaining thereto, and (iii) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. In calculating the thirty-day period referred to in the preceding sentence, any days on which either House is not in session because of an adjournment sine die or an adjournment of more than 5 days to a day certain shall be excluded, but in no event shall the total period extend beyond 45 days. SEC. 104. Notwithstanding any other provision of this Act—

Report to congressional committees.

Transfer of funds.

Report to congressional committees.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/238

 96 STAT. 1600

Notification to congressional committees.

Federal research funds, geographical distribution. 42 USC 2459 note. 42 USC 2464.

42 USC 2464 note.

15 USC 2201 note.

5 USC app.

Short title.

PUBLIC LAW 97-324—OCT. 15, 1982

(1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Technology or the Senate Committee on Commerce, Science, and Transportation, (2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 101(a) and 101(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. In calculating the thirty-day period referred to in the preceding sentence, any days on which either House is not in session because of an adjournment sine die or an adjournment of more than five days to a day certain shall be excluded, but in no event shall the total period extend beyond fortyfive days. SEC. 105. It is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 106. (a) Notwithstanding any other provision of law, or any interagency agreement, the Administrator of the National Aeronautics and Space Administration shall charge such prices as necessary to recover the fair value of placing Department of Defense payloads into orbit by means of the Space Shuttle. (b) This section shall apply to any Department of Defense payloads placed into orbit by means of the Space Shuttle on or after October 1, 1983. SEC. 107. (a) The Director of the Federal Emergency Management Agency shall ensure that all obligations and responsibilities imposed by the Federal Fire Prevention and Control Act of 1974 are performed during fiscal year 1983, including activities of the United States Fire Administration and the United States Fire Academy. (b) The Director shall reserve such funds as are appropriated to carry out the functions of the Federal Emergency Management Agency as designated in Reorganization Plan Numbered 3 of 1978 to conduct the operations of the United States Fire Administration, the United States Fire Academy, and such other functions and responsibilities as are vested in the Director pursuant to the Federal Fire Prevention and Control Act of 1974. SEC. 108. This Act may be cited as the "National Aeronautics and Space Administration Authorization Act, 1983".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/239

 PUBLIC LAW 97-324—OCT. 15, 1982

96 STAT. 1601

TITLE II SEC. 201. (a) The Secretary of Commerce is hereby authorized to plan and provide for the management and operation of a civil land remote sensing satellite system, including the LANDSAT D and D' satellites and associated ground system equipment transferred from the National Aeronautics and Space Administration; to provide for user fees; and to plan for the transfer of the ownership and operation of civil operational land remote sensing satellite systems by the private sector when in the national interest. The provisions of this subsection expire September 30, 1984. (b)(1) As part of his planning for the transfer of the ownership and operation of civil operational land remote sensing satellite systems to the private sector the Secretary shall— (A) Conduct a study to define the current, projected, and potential needs of the government for land remote sensing data. (B) Determine and describe the equipment, software, and data inventory that could be transferred to the private sector. (C) Compare various feasible financial and organizational approaches for such a transfer. Criteria for the comparison should include considerations such as: maintenance of data continuity; maintenance of United States leadership; national security; international obligations; potential for market growth; marketing ability; sunk and projected cost to the Government; independence of subsidy or financial guarantee from the Government; potential of financial return to the Government; and price of data to users. The following institutional alternatives should be compared: (i) wholly private ownership and operation of the system by an entity competitively selected; (ii) phased-in Government/private ownership and operation; (iii) a legislatively chartered privately owned corporation; and (iv) continued ownership and operation by the Federal Government. The Secretary shall complete these studies and report on them to the Congress by February 1, 1983. (2) In addition to the studies and comparisons called for in section 201(b)(1) the Secretary shall fund at least two parallel studies outside the government independently to assess the alternatives called for in section 201(b)(lKC). These studies should be submitted to the Congress by April 1, 1983. (c) There is authorized to be appropriated $14,955,000 for the fiscal year 1983, for the purpose of carrying out the provisions of this title. (d) No moneys authorized by this title shall be used to transfer to the private sector the ownership or management of any civil land remote sensing space satellite system and associated ground system equipment unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives, the President of the Senate, the House Committee on Science and Technol-

Civil land remote sensing satellite systems. 15 USC 1517 note.

Expiration.

Study.

Report to Congress. Parallel studies, submittal to Congress.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/240

 96 STAT. 1602

PUBLIC LAW 97-324—OCT. 15, 1982

ogy, and the Senate Committee on Commerce, Science, and Transportation, of a message from the Secretary of Commerce or his designee containing a full and complete plan for the action proposed to be taken together with the reasons therefor and expected funding impacts, or (B) each such committee before the expiration of such period has transmitted to the Secretary written notice to the effect that such committee has no objection to the proposed action. Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 5890 (S. 2604): HOUSE REPORTS: No. 97-502 (Comm. on Science and Technology) and No. 97-897 (Comm. of Conference). CONGRESSIONAL RECORD, VoL 128 (1982): May 13, considered and passed House. June 9, S. 2604 considered and passed Senate; proceedings vitiated and H.R. 5890, amended, passed in lieu. Sept. 30, Senate agreed to conference report. Oct. 1, House agreed to conference report.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/241

 PUBLIC LAW 97-325—OCT. 15, 1982

96 STAT. 1603

Public Law 97-325 97th Congress An Act To authorize the Secretary of Agriculture to implement the Agreement on the International Carriage of Perishable Foodstuffs and on the SpecialEquipment to be Used for Such Carriage (ATP), and for other purposes.

Oct. 15, 1982 [H.R. 6164] "

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may International Carriage be cited as the ''International Carriage of Perishable Foodstuffs of Perishable Act". Foodstuffs FINDINGS AND PURPOSE

SEC. 2. Congress herebyfindsand declares that— (1) the United States, as a member of the Economic Commission for Europe of the United Nations, participated in development by that Commission of the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for Such Carriage; (2) the agreement requires that equipment involved in the international carriage of perishable foodstuffs be inspected, tested, and certified to specified standards; (3) this Act will make it possible for equipment in the United States to be inspected, tested, and certified in accordance with the agreement and the standards specified therein; and (4) this Act will improve the conditions for the movement of perishable foodstuffs in international carriage in equipment owned or operated by United States firms, wWch will serve to protect existing trade and promote expansion of trade in perishable foodstuffs, and will improve the sale of United States manufactured equipment for use in international carriage.

Act. 7 USC 4401 note. 7 USC 4401.

DEFINITIONS

7 USC 4402. SEC. 3. As used in this Act— (1) The term "agreement" means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for Such Carriage, and the annexes and the appendices thereto, done at Geneva, September 1, 1970, under the auspices of the Economic Commission for Europe of the United Nations. (2) The term "contracting party" means any country that is eligible under article 9 of the agreement and that has complied with the terms of such article. (3) The term "equipment" means the special transport equipment that complies with the definitions and standards set forth in annex 1 to the agreement, including, but not limited to, railway cars, trucks, trailers, semitrailers, and intermodal freight containers that are insulated only, or insulated and equipped with a refrigerating, mechanically refrigerating, or heating appliance.

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 96 STAT. 1604

PUBLIC LAW 97-325—OCT. 15, 1982 (4) The term "perishable foodstuffs" means quick deep-frozen and frozen food products listed in annex 2 and food products listed in annex 3 to the agreement. (5) The term "international carriage" means transportation of perishable foodstuffs if such foodstuffs are loaded in equipment or the equipment containing them is loaded onto a rail or road vehicle, in the territory of any country and such foodstuffs are, or the equipment containing them is, unloaded in the territonr of another country that is a contracting party, where such transportation is by— (A) rail, (B) road, (C) any combination of rail and road, or (D) any sea crossing of less than one hundred and fifty kilometers, if preceded or followed by one or more land journeys as referred to in clauses (A), (B), and (C) of this paragraph, and the perishable foodstuffs are shipped in the same equipment used for such land journeys without transloading of such foodstuffs. In the case of any transportation that involves one or more sea crossings other than as specified in clause (D) of this paragraph, each land journey shall be considered separately. (6) The term 'United States" means the fifty States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. DUTIES OP THE SECRETARY OF AGRICULTURE

7 USC 4403.

Inspections. Reports. Records.

SEC. 4. The Secretary of A^culture of the United States shall be the competent authority to implement the agreement. To ensure compliance with the standards specified in the agreement, the Secretary of Agriculture may CD designate appropriate organizations to inspect or test equipment, or both; (2) issue certificates of compliance in accordance with annex 1, appendix 1, paragraph 4 of the agreement; (3) prescribe such regulations as may be necessary to implement the agreement and administer this Act, including, but not limited to, provision for suspending or denying the designation of any organization to inspect or test equipment and for denying the issuance of certificates of compliance as may be necessary to ensure compliance with the provisions of this Act and the regulations issued thereunder; (4) make periodic onsite inspections of facilities and procedures used by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this Act; (5) require submission of reports by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this Act; (6) require maintenance of records by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this Act, such records to be made available to the Secretary upon request;

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 PUBLIC LAW 97-325—OCT. 15, 1982

96 STAT. 1605

(7) inform contracting parties, through the Secrete^ of State of the United States, of all general measures taken in connection with the implementation of the agreement; and (8) take such other action as may be considered appropriate to implement the agreement and administer this Act. DUTIES OF THE SECRETARY OF STATE

SEC. 5. The Secretary of State, with the concurrence of the Secre- '^ use 4404. tary of Agriculture, may take such action as may be considered appropriate to assert and protect the rights of the United States under the agreement. FEES FOR T E S T I N G, INSPECTION OR CERTIFICATION

SEC. 6. (a) Any organization designated by the Secretary of Agri- '^ use 4405. culture to test or inspect equipment may establish reasonable fees to cover the costs of such testing or inspection. Such fees shall be payable directly to the organization by those seeking inspection or testing. (b) The Secretary of Agriculture may, effective October 1, 1982, fix and cause to be collected reasonable fees to cover, as nearly as practicable, the costs to the Department of Agriculture incurred in connection with the issuance of certificates of compliance as provided under section 4(2) of this Act. All fees collected shall be credited to the current appropriation account that incurs the cost and shall be available without fiscal year limitation to pay the expenses of the Secretary of Agriculture incident to the issuance of certificates of compliance under this Act. AUTHORIZATION FOR APPROPRIATIONS

SEC. 7. There are authorized to be appropriated to the Secretary of " use 4406. ^ Agriculture for the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, such siuns as are necessary to carry out the provisions of this Act, but not to exceed $100,000 in any fiscal year. ASSISTANT SECRETARY OF AGRICULTURE

SEC. 8. (a) There shall be in the Department of Agriculture, in '^ use 2212c. addition to the Assistant Secretaries now provided for by law, an additional Assistant Secretary of Agriculture who shall be appointed by the President, by and with the advice and consent of the Senate, who shall be responsible for such duties as the Secretary of Agriculture shall prescribe and shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of Agriculture. (b) Section 5315 of title 5 of the United States Code is amended by striking out "(6)" following "Assistant Secretaries of Agriculture and inserting in lieu thereof "(7)". (c) Section 5316 of title 5 of the United States Code is amended by striking out "Assistant Secretary of Agriculture for Administration."

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Page:United States Statutes at Large Volume 96 Part 2.djvu/244

 96 STAT. 1606

PUBLIC LAW 97-325—OCT. 15, 1982

Repeal. (d) Section 3 of Reorganization Plan Numbered 2 of 1953 (67 Stat 5 USC app; ^33) jg repealed. Effective ditT*^ (®^ ' ^ ^ section shall take effect on the date of enactment of this 7 USC 2212c Act except that subsections (c) and (d) of this section shall take effect note. upon the appointment of a person to fill the successor position created by subsection (a) of this section. Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 6164 (S. 2351): HOUSE REPORT No. 97-516 (Comm. on Agriculture). SENATE REPORT No. 97-406 accompanying S. 2351 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 128 (1982): May 18, considered and passed House. Sept. 29, considered and passed Senate, amended. Sept. 30, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/245

 PUBLIC LAW 97-326—OCT. 15, 1982

96 STAT. 1607

Public Law 97-326 97th Congress An Act To require the Director of the Office of Management and Budget to prepare an annual report consolidating the available data on the geographic distribution of Federal funds, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the "ConsoUdated Federal Funds Report Act of 1982." SEC. 2. As used in this Act, the term— (1) "Director" means the Director of the Office of Management and Budget; (2) "State" means any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; and (3) "municipality" means any subcounty unit of local government that received Federal assistance under the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221) for the appropriate fiscal year. SEC. 3. (a) For fiscal years 1983, 1984, and 1985, not later than one hundred and eighty days after the end of each fiscal year, the Director shall prepare a Consolidated Federal Funds Report presenting the total amount of Federal funds that were obligated for expenditure in or expended in each State, county or parish, congressional district, and municipality of the United States in appropriate general categories of Federal funds during the preceding fiscal year. The report shall be in the form described in subsection (b) and shall be based on the data referred to in subsection (c). (b) The Director shall include in each report required by subsection (a)— (1) the total amount of Federal funds that were reported obligated for expenditure in each State, county or parish, congressional district, and municipality of the United States in appropriate general categories of Federal funds in the fiscal year preceding the fiscal year in which the report is made; or (2) the total amount of Federal funds that were reported actually expended in each State, county or parish, congressional district, and municipality of the United States in appropriate categories in the fiscal year preceding the fiscal year in which the report is made. (c) The report required by subsection (a) shall be based on the data included in— (1) the Federal assistance awards data system established as a result of the study referred to in the first sentence of section 8; (2) the Federal procurement data system referred to in section 6(d)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(5)); (3) the appropriate data file of the Office of Personnel Management; and

Oct. 15, 1982 [S. 2386] Consolidated Federal Funds Report Act of 1982. 31 USC 6102 note. Definitions. 31 USC 6102 note.

Report. 31 USC 6102 note.

Contents.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/246

 96 STAT. 1608

Report. 31 USC 6102 note.

Contents.

Report, copies and computer tapes. 31 USC 6102 note.

Free copies to congressional committees and depository libraries.

Waiver.

PUBLIC LAW 97-326—OCT. 15, 1982

(4) the records of the Office of the Secretary of Defense. (d) For the purposes of subsection (b), the general categories of Federal funds presented in each report required by subsection (a) shall include data with respect to grants, loans, purchases and contracts, cooperative agreements, direct Federal payments to individuals, pay of civilian employees of the Government, military pay, annuities, retirement pay, pensions, and disability compensation. SEC. 4. (a) The Director shall prepare a report setting forth the total amount of Federal funds that were obligated for expenditure in or expended in each State in appropriate general categories of Federal funds during each of the fiscal years 1981 and 1982. The report shall be in the form described in subsection (b). (b) The Director shall include in each report required by subsection (a)— (1) the total amount of Federal funds that were reported obligated for expenditure in each State in appropriate general categories of Federal funds in the fiscal year preceding the fiscal year in which the report is made; or (2) the total amount of Federal funds that were reported actually expended in each State in appropriate general categories in the fiscal year preceding the fiscal year in which the report is made. (c) For the purposes of subsection (b), the general categories of Federal funds presented in each report required by subsection (a) shall include data with respect to grants, loans, purchases and contracts, direct Federal pa5maents to individuals, pay of civilian employees of the Government, military pay, annuities, retirement pay, pensions, disability compensation, and other large programs or categories where data are available such as the National Aeronautics and Space Administration and the Army Corps of Engineers. (d) The reports required by subsection (a) shall be available no later than one hundred and twenty days after the end of fiscal year 1982. SEC. 5. (a)(1) The Director shall— (A) prepare— (i) printed copies of each of the reports required by this Act; and (ii) computer tapes of such reports; and (B) make the printed copies of the reports and the computer tapes available to the public for purchase at a price fixed under subsection (b). (2) The Director shall transmit free of charge one of each of the printed copies of the reports required by this Act to— (A) each Federal regional depository library; (B) the Committees on Government Operations, the Budget, and Appropriations of the House of Representatives; and (C) the Committees on Governmental Affairs, the Budget, and Appropriations of the Senate. (3) The Director shall also promptly transmit, free of charge, one computer tape of the report required by section 3 annually and of the data in the system required by section 8 quarterly to the Committee on Rules and Administration of the Senate and to the Committee on House Administration of the House of Representatives. (4) Subject to subsection (b), the Director may, at his discretion, waive all or part of the fee required by subsection (a)(l)(B) of this section.

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