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Page:United States Statutes at Large Volume 97.djvu/822

 97 STAT. 790 PUBLIC LAW 98-115—OCT. 11, 1983 AUTHORITY FOR THE SECRETARY OF THE NAVY TO ACQUIRE LAND FROM THE CITY OF LOS ANGELES, CAUFORNIA SEC. 811. The Secretary of the Navy may acquire approximately 55 acres of land from the city of Los Angeles, California, at a cost not to exceed $750,000. Appraised fair market value. Surveys. War or national emergency. LAND CONVEYANCE, VENTURA COUNTY, CAUFORNIA SEC. 812. (a) Subject to subsection (b), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") shall convey to the Oxnard Harbor District, a special district of the State of California, all right, title, and interest of the United States in and to a tract of land, together with the improvements on such land, located in the city of Port Hueneme in the County of Ventura, California, consisting of the United States Navy Wharf Number 2 and approximately 18.546 acres and more particularly described in the official records on file in the Office of the County Recorder of the County of Ventura, California, in book 665, page 349. (b) In consideration for the conveyance under subsection (a), the Oxnard Harbor District shall pay to the United States an smiount equal to the appraised fair market value of the property to be conveyed (as determined by the Secretary). (c) The exact acreage and legal description of the lands to be conveyed under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the Oxnard Harbor District. (d) The Secretary may require such additional terms and condi- tions with respect to the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States. (e) In the event of a war or a national emergency declared by the Congress or a national emergency declared by the President after the date of the enactment of this Act, and upon a determination by the Secretary of Defense that the property conveyed under subsec- tion (a) is necessary or would be useful for military or other national defense purposes, the United States shall have the right, upon payment to the Oxnard Harbor District of just compensation, to reenter upon the property and usc the property or any part of it, including any and all improvements made thereon, for the duration of the war or emergency plus six months. Public exhibits. LAND CONVEYANCE, ALABAMA SPACE SCIENCE EXHIBIT COMMISSION SEC. 813. (a) Subject to subsection (b), the Secretary of the Army (hereinafter in this section referred to as the "Secretan^") is author- ized to convey, without consideration, to the Alabama Space Science Exhibit Commission (hereinafter in this section referred to as the "Commission"), an agency of the State of Alabama, all right, title, and interest of the United States in and to two tracts of land, consisting of 61 acres (more or less), located on the northwestern boundary of Redstone Arsenal, Alabama. (b)(1) The conveyance authorized under subsection (a) shall be subject to the condition that the real property conveyed shall be used by the Commission (A) to display suitable public exhibits of United States weaponry and allied subjects, public exhibits of the activities of the National Aeronautics and Space Administration,

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Page:United States Statutes at Large Volume 97.djvu/823

 PUBLIC LAW 98-115—OCT. 11, 1983 97 STAT. 791 and space-oriented public exhibits of other departments, agencies, and instrumentalities of the United States Government, (B) to carry out educational and recreational activities related to the purposes described in clause (A), or (C) for purposes described in both clauses (A) and (B). The use of a portion of such real property for construc- tion of a proposed interstate highway, and such access roads as necessary, and any use of such real property in accordance virith existing easements and rights-of-way shall not be considered a usc which is inconsistent with the purposes described in clause (A) or (B). (2) If the property conveyed pursuant to subsection (a) is not used for one or more of the purposes described in paragraph (1), all right, title, and interest in and to such property shall revert to the United States which shall have the right of immediate entry thereon. (3) The Secretary shall reserve to the United States a drainage and utility easement for usc in connection with Redstone Arsenal. (c) The exact acreage and legal description of the property to be conveyed under subsection (a) and of the easement to be reserved under subsection (b)(3) shall be determined by surveys approved by the Secretary of the Army. The cost of any such survey shall be borne by the Commission. (d) The Secretary may require such additional terms and condi- tions in connection with the conveyance authorized by this section as the Secretary considers appropriate to protect the interests of the United States. Land reversion toU.S. Surveys. LAND EXCHANGE, FORT LAUDERDALE, FLORIDA SEC. 814. (a) Subject to subsection (b), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is author- ized to convey to Broward County, Florida (hereinafter in this section referred to as the "County"), all right, title, and interest of the United States in and to approximately 6.3 acres of unimproved land comprising portions of the Naval Surface Weapons Center Detachment, Fort Lauderdale, Florida. (b)(l) In consideration for the conveyance authorized by subsection (a), the County shall convey to the United States all right, title, and interest in and to approximately 4.805 acres of unimproved land adjacent to the Naval Surface Weapons Center Detachment. (2) The County shall pay to the United States an amount equal to the amount, if any, by which the fair market value (as determined by the Secretary) of the lands to be conveyed by the United States to the County under subsection (a) exceeds the fair market value (as determined by the Secretary) of the lands to be conveyed by the (bounty under subsection (b). (c)(l) The exact acreages and legal descriptions of all lands to be acquired or conveyed under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the County. (2) The Secretary may require such additional terms and condi- tions in connection with the acquisition and conveyance authorized by this section as the Secretary considers appropriate to protect the interests of the United States. Conveyance payments. Surveys.

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Page:United States Statutes at Large Volume 97.djvu/824

 97 STAT. 792 PUBLIC LAW 98-115—OCT. 11, 1983 Conveyance payments. Surveys. Conveyance payments. Surveys. LAND EXCHANGE, ORANGE COUNTY, CAUFORNIA SEC. 815. (a) Subject to subsection (b), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is author- ized to convey to Orange County, a political subdivision of the State of California, all right, title, and interest of the United States in and to a parcel of land consisting of approximately 137 acres located in the center of Mile Square Regional Park, Orange County, California, together with the improvements on such land. (b) In consideration for the conveyance by the Secretary under subsection (a), Orange County shall convey to the United States a parcel of land consisting of approximately 57 acres located at the northwest corner of Mile Square Regional Park, Orange County, California. Such parcel shall not be acceptable unless zoned for commercial usc and otherwise acceptable to the Secretary. If the fair market value of the land and improvements conveyed by the Secretary under subsection (a) exceeds the fair market value of the land conveyed by Orange County under this subsection, the County shall pay the difference to the United States. Any such payment shall be covered into the Treasury as miscellaneous receipts. (c) The exact acreages and legal descriptions of the lands 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 Orange County. (d) The Secretary is authorized to accept any land conveyed under subsection (b) and to usc such land to exchange for other lands as authorized to be acquired for military purposes. (e) The Secretary may require such additional terms and condi- tions in connection with the transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. LAND EXCHANGE, COLUMBUS, OHIO SEC. 816. (a) Subject to subsection (b), the Secretary of the Air Force (hereinafter in this section referred to as the "Secretary") is authorized to acquire by exchange all right, title, and interest of the city of Columbus, Ohio (hereinafter in this section referred to as the "City"), in all or in part of certain parcels of land in the county of Franklin, Ohio, comprising approximately 112.84 acres and now leased from the City for the use of Air Force Plant Numbered 85. (b)(1) In consideration for the acquisition under subsection (a), the Secretary shall convey to the City all right, title, and interest of the United States in all or any part of certain parcels of land (and any improvements thereon) in the county of Franklin, Ohio, comprising approximately 231.96 acres. The Secretary may adjust the size of the parcels to be conveyed and acquired. (2) If the fair market value (as determined by the Secretary) of the land and improvements conveyed by the Secretary exceeds the fair market value (as determined by the Secretary) of the land conveyed by the City, the City shall pay the difference to the United States. Any such payment shall be covered into the Treasury as miscella- neous receipte. (c) The exact acreages and legal descriptions of the properties to be acquired or 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 City.

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Page:United States Statutes at Large Volume 97.djvu/825

 PUBLIC LAW 98-115—OCT. 11, 1983 97 STAT. 793 (d) The Secretary may require such additional terms and condi- tions in connection with the transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. LAND EXCHANGE, ORLANDO, FLORIDA SEC. 817, (a) Subject to subsection (b), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is author- ized to convey to the Greater Orlando Aviation Authority (herein- after in this section referred to as the "Authority") all right, title, and interest of the United States in and to approximately 37 acres of unimproved land comprising a portion of the Naval Training Center, Orlando, Florida. Such conveyance may be subject to a reservation restricting development of the land conveyed to com- mercial and light industrial uses. (b) In consideration for the conveyance authorized by subsection (a), the Authority— (1) shall convey to the United States all right, title, and interest of the Authority in and to a tract of land consisting of approximately 12 acres of land, together with improvements thereon; and (2) shall convey or make available to the United States such additional interests in lands and improvements, pay such capi- tal costs, perform such road construction, and make such addi- tional monetary payment to the United States as specified in a memorandum of understanding between the Secretary and the Authority. Any monetary payment to the United States shall be deposited into the Treasury as miscellaneous receipts. (c) The total value of the consideration to the United States under subsection (b) shall be at least equal to the fair market value of the land conveyed to the Authority under subsection (a) (as determined by the Secretary). (d) The exact acreages and legal descriptions of the property to be Surveys conveyed under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of such surveys shall be borne by the Authority. (e) The Secretary may require such additional terms and condi- tions in connection with the transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. Memorandum of understanding. Fair market value. LAND EXCHANGE, SANTA CLARA COUNTY TRANSIT DISTRICT, CALIFORNIA SEC. 818. (a) Subject to subsection (b), the Secretary of the Army (hereinafter in this section referred to as the "Secretary") is author- ized to convey to the Santa Clara County Transit District of Santa Clara County, California (hereinafter in this section referred to as the "District"), all right, title, and interest of the United States in and to a parcel of land of Santa Clara County, California, consisting of approximately 2.5 acres, together with improvements thereon, comprising a portion of the United States Army Reserve Center, San Jose, California. (b)(1) In consideration for the conveyance authorized by subsection (a), the District shall convey to the United States all right, title, and interest in and to a parcel of land consisting of approximately 2,5

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Page:United States Statutes at Large Volume 97.djvu/826

 97 STAT. 794 PUBLIC LAW 98-115—OCT. 11, 1983 Fair market value. Conveyance payment. Surveys. acres, together with improvements thereon, located adjacent to the United States Army Reserve Center, San Jose. (2) If the fair market value (as determined by the Secretary) of the property to be conveyed by the United States to the District under subsection (a) exceeds the fair market value (as determined by the Secretary) of the property to be conveyed by the District to the United States under subsection (b), the District shall pay to the United States the amount of the difference. (c) The exact acreages and legal descriptions of the parcels 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 District. (d) The Secretary may require such additional terms and condi- tions in connection with the transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. Approved October 11, 1983. LEGISLATIVE HISTORY—H.R. 2972 (S. 675): HOUSE REPORTS: No. 98-166 (Coram, on Arraed Services) and No. 98-359 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 129 (1983): June 20, 21, considered and passed House. June 26, considered and passed Senate, amended. Sept. 22, House agreed to conference report. Sept. 27, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 97.djvu/827

 PUBLIC LAW 98-116—OCT. 11, 1983 97 STAT. 795 Public Law 98-116 98th Congress An Act Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1984, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1984, for military construction functions administered by the Department of Defense, and for other purposes, namely: MiuTARY CONSTRUCTION, ARMY For acquisition, construction, installation, and equipment of tem- porary 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 func- tions of the Commander-in-Chief, $1,184,140,000, to remain available until September 30, 1988: Provided, That of this amount, not to exceed $173,500,000 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 Appro- priations of both Houses of Congress of his determination and the reasons therefor. Oct. 11, 1983 [H.R. 3263] Military Construction Appropriations Act, 1984. Notification of congressional committees. MiuTARY CONSTRUCTION, NAVY For acquisition, construction, installation, and equipment of tem- porary 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 appro- priation, $1,206,517,000, to remain available until September 30, 1988: Provided, That of this amount, not to exceed $115,600,000 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 pur- poses and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. MiuTARY CONSTRUCTION, AIR FORCE Notification of congressional committees. (INCLUDING RESCISSION) For acquisition, construction, installation, and equipment of tem- porary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law: Provided, That none of the funds made available for airfield improvements in Honduras may be obligated until the Committees Notification of congressional committees.

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Page:United States Statutes at Large Volume 97.djvu/828

 97 STAT. 796 PUBLIC LAW 98-116—OCT. 11, 1983 Notification of congressional committees. Rescinded funds. 96 Stat. 1591. Notification of congressional committees. on Appropriations have been notified as to the complete United States construction plan for the region, $1,501,993,000, to remain available until September 30, 1988: Provided, That of this amount, not to exceed $137,000,000 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 Appro- priations of both Houses of Congress of his determination and the reasons therefor: Provided further. That of the amount appropriated under this head in fiscal year 1983 (Public Law 97-323), $91,000,000 is hereby rescinded. MiuTARY CONSTRUCTION, DEFENSE AGENCIES For acquisition, construction, installation, and equipment of tem- porary 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, $281,802,000, to remain available until September 30, 1988: Provided, That of the amount appropriated, not to exceed $28,000,000 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 For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installa- tions (including international military headquarters) for the collec- tive defense of the North Atlantic Treaty Area as authorized in military construction Acts and section 2806 of title 10, United States Code, $50,000,000, to remain available until expended. MILITARY CONSTRUCTION, ARMY NATIONAL GUARD For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chap- 10 USC 2231 et ter 133 of title 10, United States Code, and military construction ««9- authorization Acts, $67,620,000, to remain available until Septem- ber 30, 1988. MILITARY CONSTRUCTION, AIR NATIONAL GUARD For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chap- ter 133 of title 10, United States Code, and military construction authorization Acts, $108,888,000, to remain available until Septem- ber 30, 1988. MILITARY CONSTRUCTION, ARMY RESERVE For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the Army

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Page:United States Statutes at Large Volume 97.djvu/829

 PUBLIC LAW 98-116—OCT. 11, 1983 97 STAT. 797 Reserve as authorized by chapter 133 of title 10, United States Code, 10 USC 2231 et and military construction authorization Acts, $54,700,000, to remain «^9- available until September 30, 1988. MILITARY CONSTRUCTION, NAVAL RESERVE For construction, acquisition, expansion, rehabilitation, and con- version 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, and military construc- tion authorization Acts, $30,605,000, to remain available until Sep- tember 30, 1988. MiuTARY CONSTRUCTION, AIR FORCE RESERVE For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $41,200,000, to remain available until September 30, 1988. 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, $172,677,000; for Operation and maintenance, $1,059,188,000; for debt payment, $34,838,000; in all $1,266,703,000: Provided, That the amount provided for construction shall remain available until September 30, 1988. FAMILY HOUSING, NAVY AND MARINE CORPS For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expan- sion, 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, $67,953,000; for Operation and mainte- nance, $539,029,000; for debt payment, $31,644,000; in all $638,626,000: Provided, That the amount provided for construction shall remain available until September 30, 1988. 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 payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $111,392,000; for Operation and maintenance, $689,021,000; for debt payment, $55,398,000; in all $855,811,000: Provided, That the amount provided for construction shall remain available until September 30, 1988.

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Page:United States Statutes at Large Volume 97.djvu/830

 97 STAT. 798 PUBLIC LAW 98-116—OCT. 11, 1983 Prior appropriations. Contracts. Service facilities. Motor vehicle hire. Access roads. New bases. Land purchases or easements. Family housing. 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 mainte- nance, leasing, and minor construction, as authorized by law, as follows: for Construction, $1,025,000; for Operation and mainte- nance, $16,816,000; in all $17,841,000: Provided, That the amount provided for construction shall remain available until September 30, 1988. GENERAL PROVISIONS SEC. 101. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construc- tion authorized for each such department by the authorizations enacted into law during the first session of the Ninety-eighth 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 there- for. 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, 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 deter- mination of value by a Federal court, or G?) 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.

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Page:United States Statutes at Large Volume 97.djvu/831

 PUBLIC LAW 98-116—OCT. 11, 1983 97 STAT. 799 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 connec- tion 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 manu- facturers 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 respon- sive 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 construction 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 expendi- tures are a matter of public record and available for public inspec- tion, 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 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. 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. SEC. 119. None of the funds in this Act may be used to initiate a new installation overseas without prior notification to the Commit- tees on Appropriations. Notification to Committees on Appropriations. Base realignment or closure. 42 USC 4321 note. Steel procurement. Indian Ocean dredging. MX missile site- specific facilities. Foreign property taxes. Illegal alien employment. Consulting service contracts. Fort DeRussy, Hawaii. Notification to Committees on Appropriations.

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Page:United States Statutes at Large Volume 97.djvu/832

 97 STAT. 800 PUBLIC LAW 98-116—OCT. 11, 1983 F-16 beddown projects, notification to Committees on Appropriations. Illicit drug activities, restricted funding. Presidential report to Congress. Reserve funds. SEC. 120. None of the funds appropriated in this Act for F-16 beddown projects at Misawa, Japan, may be obligated or expended unless there has been notification to the Committees on Appropri- ations that the approved Government of Japan budget for fiscal year 1984 includes projects associated with the F-16 beddown as an additive over the level of funding provided in Japanese fiscal ye^ 1983 for the facilities improvement program. SEC. 121. It is the sense of the Congress that the Administration should call on the pertinent member nations of the North Atlantic Treaty Organization and on Japan to meet or exceed their pledges for at least a 3 per centum real increase in defense spending and furtherance of increased unity, equitable sharing of our common defense burden, and international stability. SEC. 122. (a) None of the funds appropriated in this Act may be available for any country if the President determines that the government of such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances cultivated or produced or processed illicitly, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States personnel or their dependents, or from being smuggled into the United States. Such prohibition shall continue in force until the President deter- mines and reports to the Congress in writing that— (1) the government of such country has prepared and com- mitted itself to a plan presented to the Secretary of State that would eliminate the cause or basis for the application to such country of the prohibition contained in the first sentence; and (2) the government of such country has taken appropriate law enforcement measures to implement the plan presented to the Secretary of State. (b) The provisions of subsection (a) shall not apply in the case of any country with respect to which the President determines that the application of the provisions of such subsection would be incon- sistent with the national security interests of the United States. SEC. 123. Of the total amount of budget authority provided for fiscal year 1984 by this Act that would otherwise be available for consulting services, management and professional services, and spe- cial studies and analyses, 10 per centum of the amount intended for such purposes in the President's budget for 1984, as amended, for any agency, department or entity subject to apportionment by the

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Page:United States Statutes at Large Volume 97.djvu/833

 PUBLIC LAW 98-116—OCT. 11, 1983 97 STAT. 801 Executive shall be placed in reserve and not made available for obligation or expenditure: Provided, That this section shall not apply to any agency, department or entity whose budget request for 1984 for the purposes stated above did not amount to $5,000,000. This Act may be cited as the "Military Construction Appropri- Short title, ations Act, 1984". Approved October 11, 1983. LEGISLATIVE HISTORY—H.R. 3263: HOUSE REPORTS: No. 98 -238 (Comm. on Appropriations) and No. 98 -378 (Comm. of SENATE REPORT No. 98-180 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 129 (1983): June 21, considered and passed House. July 27, considered and passed Senate, amended. Sept. 27, House agreed to conference report; concurred in Senate amendments with amendments. Sept. 28, Senate agreed to conference report; concurred in House amendments. 11-194 O - 85 — 27:QL3

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Page:United States Statutes at Large Volume 97.djvu/834

 97 STAT. 802 PUBLIC LAW 98-117—OCT. 11, 1983 Oct. 11, 1983 [H.R. 3871] Federal employees. Determination of hourly pay 5 USC 5504 note. Effective date. 5 USC 5504 note. Public Law 98-117 98th Congress An Act To amend the Omnibus Budget Reconciliation Act of 1982 to provide that the figure used in determining hourly rates of pay for Federal employees not be changed before the comparability adjustment in the rates of pay for such employees has been made for fiscal year 1984. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 310(b) of the Omnibus Budget Reconciliation Act of 1982 is amended by adding at the end thereof the following new paragraph: " (4) Notwithstanding any other provision of this subsection, para- graph (1) shall not be effective with respect to pay periods beginning before the effective date of any increase under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule and the rates of pay under the other statutory pay systems for fiscal year 1984.". SEC. 2. The amendment made by this Act shall be effective as of October 1, 1983. Approved October 11, 1983. LEGISLATIVE HISTORY—H.R. 3871: CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 20, considered and passed House. Sept. 27, considered and passed Senate.

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 PUBLIC LAW 98-118—OCT. 11, 1983 97 STAT. 803 Public Law 98-118 98th Congress An Act To extend the Federal Supplemental Compensation Act of 1982, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, EXTENSION OF PROGRAM SECTION 1. (a) Paragraph (2) of section 602(f) of the Federal Supplemental Compensation Act of 1982 is amended by striking out "September 30, 1983" and inserting in lieu thereof "October 18, 1983". (b) Paragraph (2) of section 605 of such Act is amended by striking out "October 1, 1983" and inserting in lieu thereof "October 19, 1983". Oct. 11, 1983 [H.R. 4101] Federal Supplemental Compensation Act of 1982, amendment. Ante, p. 141. Ante, p.141. EXTENSION OF PROVISION ALLOWING PAYMENT OF DISABILITY BENEFITS DURING APPEAL SEC. 2. Section 223(g)(3)(B) of the Social Security Act is amended by striking out "October 1, 1983" and inserting in lieu thereof "December 7, 1983". 42 USC 423. EXTENSION OF PROVISIONS RELATING TO DEPENDENT CHILDREN VOLUNTARILY PLACED IN FOSTER CARE SEC. 3. (a) Section 102(a)(l) of the Adoption Assistance and Child Welfare Act of 1980 is amended by striking out "October 1, 1983" and inserting in lieu thereof "October 1, 1984". (b) Section 102(c) of such Act is amended by striking out "October 1, 1983" each place it appears and inserting in lieu thereof in each instance "October 1, 1984". 42 USC 672 note. 42 USC 672 note. SOCIAL SECURITY COVERAGE OF RETIRED FEDERAL JUDGES ON ACTIVE DUTY SEC. 4. Notwithstanding section 101(d) of the Social Security Amendments of 1983, the amendments made by section 101(c) of such Act shall apply only with respect to remuneration paid after December 31, 1985. Remuneration paid prior to January 1, 1986, under section 371(b) of title 28, United States Code, to an individual performing service under section 294 of such title, shall not be included in the term "wages" for purposes of section 209 of the Social Security Act or section 3121(a) of the Internal Revenue Code of 1954. Ante, p. 67. 26 USC 8121 note. 28 USC 294. 42 USC 409. 26 USC 3121.

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 97 STAT. 804 PUBLIC LAW 98-118—OCT. 11, 1983 CLARIFICATION WITH RESPECT TO REPAYMENT OF LOANS 42 USC 1322. SEC. 5. (a) Section 1202(b)(2) of the Social Security Act is amended— (1) in the matter preceding subparagraph (A), by striking out • "advance" and inserting in lieu thereof "advance or advances"; (2) in subparagraph (A), by striking out "advance is" and inserting in lieu thereof "advances are"; (3) in subparagraph (A), by striking out "advance was" and inserting in lieu thereof "advances were"; and (4) in subparagraph (B), by striking out "advance" the second place it appears and inserting in lieu thereof "advances". Effective date. (b) The amendments made by this section shall apply to advances 42 USC 1322 made on or after April 1, 1982. Approved October 11, 1983. LEGISLATIVE HISTORY—H.R. 4101 (H.R. 3929) (S. 1887): SENATE REPORT No. 98 -240 accompanying S. 1887 (Comm. on Finance). CONGRESSIONAL RECORD, VoL 129 (1983): Oct. 6, considered and passed House; considered and passed Senate, amended; House concurred in Senate amendment.

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 PUBLIC LAW 98-119—OCT. 12, 1983 97 STAT. 805 Public Law 98-119 98th Congress Joint Resolution Providing statutory authorization under the War Powers Resolution for continued United States participation in the muhinational peacekeeping force in Lebanon in order to obtain withdrawal of all foreign forces from Lebanon. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This joint resolution may be cited as the "Multina- tional Force in Lebanon Resolution". Oct. 12, 1983 [S.J. Res. 159] Multinational Force in Lebanon Resolution. 50 USC 1541 note. FINDINGS AND PURPOSE SEC. 2. (a) The Congress finds that— (1) the removal of all foreign forces from Lebanon is an essential United States foreign policy objective in the Middle East; (2) in order to restore full control by the Government of Lebanon over its own territory, the United States is currently participating in the multinational peacekeeping force (hereafter in this resolution referred to as the "Multinational Force in Lebanon") which was established in accordance with the ex- change of letters between the Governments of the United States and Lebanon dated September 25, 1982; (3) the Multinational Force in Lebanon better enables the Government of Lebanon to establish its unity, independence, and territorial integrity; (4) progress toward national political reconciliation in Leba- non is necessary; and (5) United States Armed Forces participating in the Multina- tional Force in Lebanon are now in hostilities requiring authori- zation of their continued presence under the War Powers Resolution. Qj) The Congress determines that the requirements of section 4(a)(1) of the War Powers Resolution became operative on August 29, 1983. Consistent with section 5(b) of the War Powers Resolution, the purpose of this joint resolution is to authorize the continued partici- pation of United States Armed Forces in the Multinational Force in Lebanon. (c) The Congress intends this joint resolution to constitute the necessary specific statutory authorization under the War Powers Resolution for continued participation by United States Armed Forces in the Multinational Force in Lebanon. 50 USC 1541 note. 50 USC 1541 note. 50 USC 1543. 50 USC 1544.

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 97 STAT. 806 PUBLIC LAW 98-119—OCT. 12, 1983 AUTHORIZATION FOR CONTINUED PARTiaPATION OP UNITED STATES ARMED FORCES IN THE MULTINATIONAL FORCE IN LEBANON 50 USC 1541 gjjc. 3. The President is authorized, for purposes of section 5(b) of 50 USC 1544 *^® ^*"* Powers ReBolution, to continue participation by United States Armed Forces in the Multinational Force in Lebanon, subject to the provisions of section 6 of this joint resolution. Such participa- tion shall be limited to performance of the functions, and shall be subject to the limitations, specified in the agreement establishing the Multinational Force in Lebanon as set forth in the exchange of letters between the Governments of the United States and Lebanon dated September 25, 1982, except that this shall not preclude such protective measures as may be necessary to ensure the safety of the Multinational Force in Lebanon. REPORTS TO THE CONGRESS 50 USC 1541 SEC. 4. As required by section 4(c) of the War Powers Resolution, ?o*usr 1543 *^® President shall report periodically to the Congress with respect to the situation in Lebanon, but in no event shall he report less often than once every three months. Li addition to providing the information required by that section on the status, scope, and duration of hostilities involving United States Armed Forces, such reports shall describe in detail— (1) the activities being performed by the Multinational Force in Lebanon; (2) the present composition of the Multinational Force in Lebanon, including a description of the respK)nsibilities and deployment of the armed forces of each participating country; (3) the results of efforts to reduce and eventually eliminate the Multinational Force in Lebanon; (4) how continued United States participation in the Multina- tional Force in Lebanon is advancing United States foreign policy interests in the Middle East; and (5) what progress has occurred toward national political rec- onciliation among all Lebanese groups. STATEMENTS OP POLICY 50 USC 1541 SEC. 5. (a) The Congress declares that the participation of the ^°^- armed forces of other countries in the Multinational Force in Leba- non is essential to maintain the international character of the peacekeeping function in Lebanon. (b) The Congress believes that it should continue to be the policy of the United States to promote continuing discussions with Israel, Syria, and Lebanon with the objective of bringing about the with- drawal of all foreign troops from Lebanon and establicLing an environment which will permit the Lebanese Armed Forces to carry out their responsibilities in the Beirut area. (c) It is the sense of the Congress that, not later than one year after the date of enactment of this joint resolution and at least once a year thereafter, the United States should discuss with the other members of the Security Council of the United Nations the estab- lishment of a United Nations peacekeeping force to assume the responsibilities of the Multinational Force in Lebanon. An analysis of the implications of the response to such discussions for the continuation of the Multinational Force in Lebanon shall be

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 performing his almost nominal duties by deputy. Reverting to his original profession, he was appointed physician-general to the horse and foot in the island on 21 May 1770. He lived on terms of close friendship with the Trelawny family, and one of the first of his poems published in London was an elegy on the death of Miss Anne Trelawny, ‘the Nymph of Tauris’ (Annual Register, 1773, p. 240). On the death of Trelawny he obtained leave of absence from the new governor, Dalling, on 20 Feb. 1773, and returned to England in company with Lady Trelawny, whose death shortly afterwards possibly robbed him of a future wife (, Recollections, Literary and Personal, i. 258).

Dropping his clerical profession very completely, Wolcot now settled at Truro, where he established himself in a house on the Green, with the view of practising as a doctor. His peculiar medicinal methods, which consisted in encouraging his fever patients to drink cold water, and his opinion that a physician could do little more than watch nature and ‘give her a shove on the back if he sees her inclined to do right’ (ib. i. 253), involved him in disputes with his professional brethren. He quarrelled also with the corporation of Truro, and when that body attempted to revenge the lampoons he had written upon their ill management by planting a parish apprentice upon him, the doctor removed to Helstone (November 1779), leaving behind a characteristic letter: ‘Gentlemen,—Your blunderbuss has missed fire,—Yours, John Wolcot.’ He remained at Helstone and Exeter for the next two years, but the success of some songs set to music by Jackson of Exeter, and of a small number of poems, with a ‘supplicating Epistle to the Reviewers,’ published in London in 1778, inclined him to abandon medicine and remove to the metropolis. Another reason was his friendship with John Opie [q. v.], whose developing genius was now ready for the town. Wolcot first became acquainted with the young painter at the house of Mr. Zankwell at Mithian in 1775 (, Collectanea Cornubiensia), and instantly detected his abilities. He took him into his own house at Truro, provided all necessary material, and gave instruction and advice, and, when fully satisfied with the genius of the artist, persuaded him to move to London in 1781. In the first instance there appears to have been an agreement between the two to share equally all profits made by the painter, and for a time they lived together in London, but after a quarrel separated, and were never again cordially united. The origin of the quarrel is sometimes attributed to Opie's frank criticism of Wolcot's paintings, but is more likely to have arisen owing to the painter, on becoming fashionable, refusing to carry out the arrangement as to profits. There is, however, no doubt that Opie's immediate success in town was due to Wolcot, who introduced him to Mrs. Boscawen, and extolled his genius in verse. In 1782 appeared ‘Lyric Odes to the Royal Academicians by Peter Pindar, Esq., a distant relative of the Poet of Thebes and Laureat to the Academy.’ The instant success of this amusing criticism on the academicians and their works made Wolcot repeat the publication in 1783, 1785, and, with his ‘Farewell Odes’ on the same subject, in 1786. Benjamin West [q. v.] was the especial butt of the poet's humour, which was generally coarse, and not infrequently profane; few of the academicians escaped punishment at Peter's hands. His highly expressed appreciation of the landscapes of Gainsborough and Richard Wilson [q. v.] proved his discrimination.

In the first instance the lyric odes did not prove a source of profit, costing their author some 40l. (, Records of my Life, i. 228), but he soon discovered a more paying enterprise in ridiculing the private life of the king. The first of the five cantos of the ‘Lousiad, an heroi-comic poem,’ appeared in 1785, and the last in 1795. In 1787 the poet pursued the same fruitful subject in ‘Ode upon Ode, or a Peep at St. James and Instructions to a celebrated Laureat, being a comic Account of the Visit of the Sovereign to Whitbread's Brewery.’ In all these three productions, though the satire was coarse, it was often extremely humorous, and great sales were effected. Peter Pindar was well supplied with information as to the doings of the royal household (, Autobiography, ii. 264), and he described with much point the king's plainness of mind and body, his pride, his parsimony, and his mannerisms of speech. On the other hand, the vices of the Prince of Wales were treated as virtues in the ‘Expostulatory Odes’ (ode iii.), and an obvious bid made for his favour by the poet. Whether or no ‘the king as well as the nation delighted in the bard’ (, 8th Lecture, English Comic Writers), the popular conception of royalty was doubtless affected by his writings. The queen seems by Peter's confession to have checked his attentions by the action of her solicitor (ode ix., Expostulatory Odes), and the government attempted to secure silence by the bestowal of a pension of 300l. (, Autobiography, ii. 264). This appears to have


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 PUBLIC LAW 98-119—OCT. 12, 1983 97 STAT. 807 included in the reports required under paragraph (3) of section 4 of this resolution. DURATION OF AUTHORIZATION FOR UNITED STATES PARTICIPATION IN THE MULTINATIONAL FORCE IN LEBANON SEC. 6. The participation of United States Armed Forces in the so usc i54i Multinational Force in Lebanon shall be authorized for purposes of ^°^- the War Powers Resolution until the end of the eighteen-month so usc i54i period beginning on the date of enactment of this resolution unless ^°^- the Congress extends such authorization, except that such authori- zation shall terminate sooner upon the occurrence of any one of the following: (1) the withdrawal of all foreign forces from Lebanon, unless the President determines and certifies to the Congress that continued United States Armed Forces participation in the Multinational Force in Lebanon is required after such with- drawal in order to accomplish the purposes specified in the September 25, 1982, exchange of letters providing for the estab- lishment of the Multinational Force in Lebanon; or (2) the assumption by the United Nations or the Government of Lebanon of the responsibilities of the Multinational Force in Lebanon; or (3) the implementation of other effective security arrange- ments in the area; or (4) the withdrawal of all other countries from participation in the Multinational Force in Lebanon. INTERPRETATION OF THIS RESOLUTION SEC. 7. (a) Nothing in this joint resolution shall preclude the so usc i54i President from withdrawing United States Armed Forces participa- ^°^- tion in the Multinational Force in Lebanon if circumstances war- rant, and nothing in this joint resolution shall preclude the Congress by joint resolution from directing such a withdrawal. (b) Nothing in this joint resolution modifies, limits, or supersedes any provision of the War Powers Resolution or the requirement of so usc i54i section 4(a) of the Lebanon Emergency Assistance Act of 1983, ^^- 215 relating to congressional authorization for any substantial expan- "^'^ sion in the number or role of United States Armed Forces in Lebanon. CONGRESSIONAL PRIORITY PROCEDURES FOR AMENDMENTS SEC. 8. (a) Any joint resolution or bill introduced to amend or so usc i54i repeal this Act shall be referred to the Committee on Foreign "°** Affairs of the House of Representatives or the Committee on For- eign Relations of the Senate, as the case may be. Such joint resolu- tion or bill shall be considered by such committee within fifteen calendar days and may be reported out, together with its recommen- dations, unless such House shall otherwise determine pursuant to its rules. (b) Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) and shall be voted on within three calendar days

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 97 STAT. 808 PUBLIC LAW 98-119—OCT. 12, 1983 Committee of conference. Conference reports. thereafter, unless such House shall otherwise determine by the yeas and nays. (c) Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon become the pending business of such House and shall be voted upon within three calendar days, unless such House shall otherwise determine by the yeas and nays. (d) In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such joint resolution within six calendar days after the legislation is referred to the committee of conference. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed. In the event the conferees are unable to agree within forty-eight hours, they shall report back to their respective Houses in disagreement. Approved October 12, 1983. LEGISLATIVE HISTORY—S.J. Res. 159 (H.J. Res. 364): HOUSE REPORT No. 98-385 accompanying H.J. Res. 364 (Comm. on Foreign Affairs). SENATE REPORT No. 98-242 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 26-29, considered and passed Senate. Sept. 28, H.J. Res. 364 considered and passed House. Sept. 29, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 41 (1983): Oct. 12, Presidential statement.

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 PUBLIC LAW 98-120—OCT. 12, 1983 97 STAT. 809 Public Law 98-120 98th Congress An Act To amend the International Coffee Agreement Act of 1980. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, NEGOTIATING AUTHORITY INVOLVING THE INTERNATIONAL COFFEE AGREEMENT, 1983 SECTION 1. The International Coffee Agreement Act of 1980 (19 U.S.C. 1356k, et seq.) is amended— (1) by striking out "1976" in sections 2, 3, and 5 and inserting in lieu thereof ", 1983", and (2) by striking out "for such period prior to October 1, 1983 as the agreement remains in effect" in section 2, and inserting in lieu thereof "before October 1, 1986". Oct. 12, 1983 [H.R. 3813] International Coffee Agreement Act of 1980, amendment. 19 USC 1356k, 1356/, 1356n. 19 USC 1356k. REAUTHORIZATION OF PROGRAMS FOR WORKERS AND FIRMS SEC. 2. (a) Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended by striking out "each of fiscal years 1982 and 1983" and inserting in lieu thereof "each of the fiscal years 1982 through 1985". (b) Section 285 of such Act is amended by striking out "September 30, 1983" and inserting in lieu thereof "September 30, 1985". 19 USC note prec. 2271. CONTRIBUTED IMPORTANTLY TEST FOR GROUP ELIGIBILITY SEC. 3. (a) Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended— (1) in paragraph (3), by striking out "were a substantial cause of such total or partial separation, or threat thereof, and of such decline" and inserting in lieu thereof "contributed importantly to such total or partial separation, or threat thereof, and to such decline"; and (2) by amending the last sentence to read as follows: "For purposes of paragraph (3), the term 'contributed importantly' means a cause which is important, but not necessarily more important than any other cause.". (b) The amendments made by subsection (a) shall apply with respect to petitions for certification filed under section 221 of the Trade Act of 1974 on or after October 1, 1983. "Contributed importantly." 19 USC 2272 note. 19 USC 2271. PREFERENCE FOR FIRMS HAVING EMPLOYEE STOCK OWNERSHIP PLANS SEC. 4. (a) Section 255 of the Trade Act of 1974 (19 U.S.C. 2345) is amended by adding at the end thereof the following new subsection:

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 97 STAT. 810 PUBLIC LAW 98-120—OCT. 12, 1983 Director guaranteed loan, requirements. 19 USC 2341. Employee stock ownership plan. Recipient corporation, lender, and qualified trust. Agreement requirements. "Preference for Firms Having Employee Stock Ownership Plans "(i)(l) When considering whether to grant a direct loan or to guarantee a loan to a corporation which is otherwise certified under section 251, the Secretary shall give preference to a corporation which agrees with respect to such loan to fulfill the following requirements— "(A) 25 percent of the principal amount of the loan is paid by the lender to a qualified trust established under an employee stock ownership plan established and maintained by the recipi- ent corporation, by a parent or subsidiary of such corporation, or by several corporations including the recipient corporation, "(B) the employee stock ownership plan meets the require- ments of this subsection, and "(C) the agreement among the recipient corporation, the lender, and the qualified trust relating to the loan meets the requirements of this section. "(2) An employee stock ownership plan does not meet the require- ments of this subsection unless the governing instrument of the plan provides that— "(A) the amount of the loan paid under paragraph (I)(A) to the qualified trust will be used to purchase qualified employer securities, "(B) the qualified trust will repay to the lender the amount of such loan, together with the interest thereon, out of amounts contributed to the trust by the recipient corporation, and "(C) from time to time, as the qualified trust repays such amount, the trust will allocate qualified employer securities among the individual accounts of participants and their beneficiaries in accordance with the provisions of paragraph (4). "(3) The agreement among the recipient corporation, the lender, and the qualified trust does not meet the requirements of this subsection unless— "(A) it is unconditionally enforceable by any party against the others, jointly and severally, "(B) it provides that the liability of the qualified trust to repay loan amounts paid to the qualified trust may not, at any time, exceed an amount equal to the amount of contributions required under paragraph (2)(B) which are actually received by such trust, "(C) it provides that amounts received by the recipient corpo- ration from the qualified trust for qualified employer securities purchased for the purpose of this subsection will be used exclu- sively by the recipient corporation for those purposes for which it may usc that portion of the loan paid directly to it by the lender, "(D) it provides that the recipient corporation may not reduce the amount of its equity capital during the one year period beginning on the date on which the qualified trust purchases qualified employer securities for purposes of this subsection, and

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 PUBLIC LAW 98-120—OCT. 12, 1983 97 STAT. 811 "(E) it provides that the recipient corporation will make contributions to the qualified trust of not less than such amounts as are necessary for such trust to meet its obligation to make repayments of principal and interest on the amount of the loan received by the trust without r^ard to whether such contributions are deductible by the corporation under section 404 of the Internal Revenue Code of 1954 and without regard to any other amounts the recipient corporation is obligated under law to contribute to or under the employee stock ownership plan. "(4) At the close of each plan year, an employee stock ownership plan shall allocate to the accounts of participating employees that portion of the qualified employer securities the cost of which bears substantiedly the same ratio to the cost of all the qualified employer securities purchased under paragraph (2)(A) of this subsection as the amount of the loan principal and interest repaid by the qualified trust during that year bears to the total amount of the loan princi- pal and interest payable by such trust during the term of such loan. Qualified employer securities allocated to the individual account of a participant during one plan year must bear substantially the same proportion to the amount of all such securities allocated to all participants in the plan as the amount of compensation paid to such participant bears to the total amount of compensation paid to all such participants during that year. "(5) For purposes of this subsection, the term— "(A) 'employee stock ownership plan' means a plan described in section 4975(e)(7) of the Internal Revenue Code of 1954, "(B) 'qualified trust' means a trust established under an employee stock ownership plan and meeting the requirements of title I of the Employee Retirement Income Security Act of 1974 and section 401 of the Internal Revenue Code of 1954, "(C) 'qualified employer securities* means common stock issued by the recipient corporation or by a parent or subsidiary of such corporation with voting power and dividend rights no less favorable than the voting power and dividend rights on other common stock issued by the issuing corporation and with voting power being exercised by the participants in the em- ployee stock ownership plan after it is allocated to their plan accounts, and 26 USC 404. Definitions. 26 USC 4975. 29 USC 1001. 26 USC 401.

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 97 STAT. 812 PUBLIC LAW 98-120—OCT. 12, 1983 "(D) *equity capital* means, with respect to the recipient corporation, the sum of its money and other property (in an amount equal to the acijusted basis of such property but disre- garding ac^ustments made on account of depreciation or amorti- zation made during the period described in paragraph (3KD)), less the amount of its indebtedness.". Effective date. (jj) The amendment made by subsection (a) shall become effective note on the date of the enactment of this Act. Approved October 12, 1983. LEGISLATIVE HISTORY—H.R. 3813 (S. 1847): HOUSE REPORT No. 98-376 (Comm. on Ways and Means). SENATE REPORT No. 98-250 accompanying S. 1847 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 27, considered and passed House. Sept. 30, considered and passed Senate, amended, in lieu of S. 1847; House concurred in Senate amendment.

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 PUBLIC LAW 98-121—OCT. 12, 1983 97 STAT. 813 Public Law 98-121 98th Congress An Act To designate the Federal Building at Fourth and Ferry Streets, Lafayette, Indiana, as Oct. 12, 1983 the "Charles A. Halleck Federal Building". [S. 1465] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Federal Charles A. Building at Fourth and Ferry Streets, Lafayette, Indiana, shall BS?/^'^^' '^^ hereafter be known and designated as the "Charles A. Halleck Designation. Federal Building". Any reference in any law, map, regulation, document, record, or any other paper of the United States to such building shall be deemed to be a reference to the "Charles A. Halleck Federal Building". Approved October 12, 1983. LEGISLATIVE HISTORY—S. 1465 (H.R. 3090): HOUSE REPORT No. 98 -365 accompanying H.R. 3090 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 4, considered and passed Senate. Oct. 3, H.R. 3090 considered and passed House; S. 1465 passed in lieu.

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 97 STAT. 814 PUBLIC LAW 98-122 —OCT. 12, 1983 Public Law 98-122 98th Congress An Act Oct. 12, 1983 To designate the Federal Building in Las Cruces, New Mexico, as the "Harold L, [S. 1724] Runnels Federal Building". Be it enacted by the Senate and House of Representatives of the Harold L. United States of America in Congress assembled, That the building FedSI^f located at 200 East Griggs Street, Las Cruces, New Mexico, known Buikiing. ^ the Federal Building, shall hereafter be known and designated as Designation. the "Harold L. Runnels Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "Harold L. Runnels Federal Building". Approved October 12, 1983. LEGISLATIVE HISTORY—S. 1724 (H.R. 3308): HOUSE REPORT No. 98 -360 accompanying H.R. 3308 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 4, considered and passed Senate. Oct. 3, H.R. 3308 considered and passed House; S. 1724 passed in lieu.

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 PUBLIC LAW 98-123—OCT. 13, 1983 97 STAT. 815 Public Law 98-123 98th Congress An Act To provide for the usc and distribution of funds awarded the Red Lake Band of Chippewa Indians in docket numbered 15-72 of the United States Court of Claims. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstand- ing any provision of the Act of October 19, 1973 (87 Stat. 466; 25 U.S.C. 1401 et seq.), or any other law, regulation, or plan promul- gated pursuant thereto, the funds appropriated with respect to the judgment awarded the Red Lake Band of Chippewa Indians in docket numbered 15-72 of the United States Court of Claims (less attorney fees and litigation expenses), including all interest and investment income accrued thereon, shall be distributed and used as follows: (1) Eighty per centum of such funds shall be distributed by the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") in the form of per capita payments (in sums as equal as possible) to all enrolled members of the Red Lake Band of Chippewa Indians who are living on the date of enactment of this Act. (2) Twenty per centum of such funds, including any interest or income accrued thereon, shall be— (A) held in trust and invested by the Secretary for the benefit of the members of the Red Lake Band of Chippewa Indians, and (B) distributed from such trust, subject to the approval of the Secretary, to the governing body of such tribe for the purpose of making expenditures to meet common tribal needs or educational requirements. SEC. 2. (a) Any payment of a per capita share of funds to which a living, competent adult is entitled under this Act shall be paid directly to such adult. (b) Any per capita share of funds to which a deceased individual is entitled under this Act shall be paid, and the beneficiaries thereof determined, under regulations prescribed by the Secretary. (c) Any per capita share of funds to which a legally incompetent individual or an individual under eighteen years of age is entitled under this Act shall be paid in accordance with such procedures (including the establishment of trusts) as the Secretary determines to be necessary to protect the interests of such individual. Oct. 13, 1983 [S. 884] Red Lake Band of Chippewa Indians. Distribution and use of funds. Per capita payments. Trust, investment, and distribution. Per capita share of funds, payment.

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 97 STAT. 816 PUBLIC LAW 98-123—OCT. 13, 1983 Tax exemption. SEC. 3. None of the funds distributed under this Act shall be— (1) subject to Federal, State, or local income taxes, or (2) considered income or resources in determining either eligi- bility for, or the amount of assistance under. Federal, State, or local programs. Approved October 13, 1983. LEGISLATIVE HISTORY—S. 884: HOUSE REPORT No. 98-389 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-74 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 129 (1983): May 12, considered and passed Senate. Oct. 3, considered and passed House.

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 PUBLIC LAW 98-124 —OCT. 13, 1983 97 STAT. 817 Public Law 98-124 98th Congress An Act To provide for the usc and distribution of funds awarded the Assiniboine Tribe of the Fort Belknap Indian Community, Montana, and the Assiniboine Tribe of the Fort Peck Indian Reservation, Montana, in docket numbered 10-81L by the United States Court of Claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- ing any other provision of law, the funds appropriated on Septem- ber 30, 1981, in accordance with section 1302 of the Supplemental Appropriation Act (31 U.S.C. 724a), in satisfaction of an award in United States Court of Claims docket numbered 10-81L, including all interest and investment income accrued, less attorney fees and litigation expenses, shall be divided on the basis of 42.5 percent of the award funds to the Assiniboine Tribe of the Fort Belknap Indian Community and 57.5 percent of the award funds to the Assiniboine Tribe of the Fort Peck Indian Reservation and utilized for the purposes herein provided. SEC. 2. The funds apportioned to the Assiniboine Tribe of the Fort Belknap Indian Community, Montana, less the costs incurred by the Fort Belknap Assiniboine Treaty Committee in connection with planning for the usc and distribution of such funds, including costs in connection with this legislation, and related attorney fees and expenses, shall be used and distributed as follows: (a) The Assiniboine membership roll of the Fort Belknap Indian Community shall be brought current to include all eligi- ble members born on or prior to arid living on the date of enactment of this Act. Subsequent to the preparation and approval by the Secretary of the Interior (hereinafter "Secre- tary") of this roll, the Secretary shall make a per capita distri- bution of 80 percent of the funds (in a sum as equal as possible), to each duly enrolled member. The Secretary's determination concerning eligibility to share in the per capita payment shall be final. (b) 20 percent of these funds, and any amount remaining after the per capita payment, shall be held in trust and invested by the Secretary for the benefit of the members of the Assiniboine Tribe of the Fort Belknap Indian Community. The Treaty Com- mittee of such Tribe, with the approval of the Secretary, shall distribute an annual family interest payment to all enrolled members of the Fort Belknap Assiniboine Tribe. All members on the Assiniboine tribal membership roll living on Novem- ber 15 of each year shall be eligible for the annual interest payment. Members born after that date and living on the following November 15 shall be eligible for the next annual payment. SEC. 3. The funds apportioned to the Assiniboine Tribe of the Fort Peck Indian Reservation, Montana, less the costs incurred by the Fort Peck Assiniboine Council in connection with planning for the usc and distribution of such funds, including costs in connection Oct. 13, 1983 [S. 1148] Assiniboine Tribes of Indians, Mont. Distribution and use of funds. 31 USC 1304. Fort Belknap Indian Community, Mont. Membership roll. Per capita payment. Trust and investment. Annual family interest payment. Fort Peck Indian Reservation, Mont.

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Page:United States Statutes at Large Volume 97.djvu/850

 97 STAT. 818 PUBLIC LAW 98-124 —OCT. 13, 1983 Membership r oll. Per capita payment. Trust and investment. Living and deceased individuals. Tax exemption. 42 USC 1305. Rules and regulations. with this legislation, and related attorney fees and expenses, shall be used and distributed as follows: (a) The Assiniboine membership roll of the Fort Peck Indian Reservation, Montana, shall be brought current to include all eligible members born on or prior to and living on the date of enactment of this Act. Sul^equent to the preparation and approval by the Secretary of this roll, the Secretary shall m^e a per capita distribution of 70 percent of the funds (in sums as equal as possible), to each enrollee. (b) 30 percent of these funds and any amounts remaining after the per capita payment, shall be held in trust and invested by the Secretary for the benefit of the Assiniboine Tribe of the Fort Peck Indian Reservation and its members. The principal of the funds and the income therefrom shall be applied and used for the benefit of the Assiniboine Tribe of the Fort Peck Indian Reservation and its members in accordance with reasonable terms established by the Fort Peck Assiniboine Council with the concurrence of the Tribal Executive Board of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, and approved by the Secretary: Provided, That until such terms has been agreed upon, the Secretary shall fix the terms of the administration of the portion of the funds as to which there is no agreement. SEC. 4. The per capita shares of living competent adults shall be paid directly to them. Shares of deceased individual beneficiaries shall be determined and distributed in accordance with regulations of the Secretary. SEC. 5. None of the funds distributed per capita or held in trust under the provisions of this Act shall be subject to Federal or State income taxes, and the per capita or family interest payments shall not be considered as income or resources when determining the extent of eligibility for assistance under the Social Security Act or any Federal or federally assisted programs. SEC. 6. The Secretary is authorized to prescribe rules and regula- tions to carry out the provisions of this Act, including the establish- ment of deadlines for filing applications for enrollment. Approved October 13, 1983. LEGISLATIVE HISTORY—S. 1148: HOUSE REPORT No. 98 -390 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-204 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 3, considered and passed Senate. Oct. 3, considered and passed House.

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Page:United States Statutes at Large Volume 97.djvu/851

 PUBLIC LAW 98-125—OCT. 13, 1983 97 STAT. 819 Public Law 98-125 98th Congress An Act Making appropriations for the government of the District of Columbia and other Qct 13 1983 activities chargeable in whole or in part agsdnst the revenues of said District for ' the fiscal year ending Sep^mber 30, 1984, and for other purposes. [H.R. 3415] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following District of sums are appropriated, out of any money in the Treasury not Appropriation otherwise appropriated, for the District of Columbia for the fiscal Act, 1984. year ending September 30, 1984, and for other purposes, namely: FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA For payment to the District of Columbia for the fiscal year ending September 30, 1984, $386,000,000, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93-198, as amended (D.C. Code 47-3406): Provided, That none of these funds shall be made available to the District of Columbia until the number of full-time uniformed officers in perma- nent positions in the Metropolitan Police Department is at lesist 3,880, excluding any such officer appointed after August 19, 1982, under qualification standards other than those in effect on such date. For payment to the District of Columbia for the fiscal year ending September 30, 1984, in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government, $16,520,000, as authorized by the Act of May 18, 1954, as amended (D.C. Code 43-1552 and 43-1612). For the Federal contribution to the Police Officers and Fire Fighters', Teachers' and Judges' Retirement Funds as authorized by the District of Columbia Retirement Reform Act, Public Law 96-122, approved November 17, 1979 (93 Stat. 866), $52,070,000. CRIMINAL JUSTICE EMERGENCY INITIATIVE For a Federal contribution to the District of Columbia, $25,171,600 of which $11,735,400 shall remain available until expended: Pro- vided, That $2,841,300 for the Superior Court of the District of Columbia shall be made available only upon enactment into law of authorizing legislation. EDUCATION INITIATIVE For a Federal contribution to the District of Columbia, $350,000. SAINT EUZABETHS HOSPITAL For a Federal contribution to the District of Columbia, $5,700,000.

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Page:United States Statutes at Large Volume 97.djvu/852

 97 STAT. 820 PUBLIC LAW 98-125—OCT. 13, 1983 87 Stat. 774. Report to Congress and Council of the District of Columbia. LOANS TO THE DISTRICT OP COLUMBIA FOR CAPITAL OUTLAY For loans to the District of Columbia, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93-198, as amended, $115,000,000, which shall remain available until expended and be advanced upon request of the Mayor. DIVISION OF EXPENSES The following amounts are appropriated for the District of Colum- bia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided. GOVERNMENTAL DIRECTION AND SUPPORT Governmental direction and support, $44,251,400: Provided, That not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of the District of Columbia, and $2,500 for the City Adminis- trator shall be available from this appropriation for expenditures for official purposes: Provided further, That any program fees collected from the issuance of debt shall be available for the payment of expenses of the debt management program of the District of Colum- bia: Provided further. That not less than $320,000 shall be used by the Office of Personnel exclusively for the administration of pro- grams for the training of District of Columbia government em- ployees: Provided further, That notwithstanding any other provision of law, there is hereby appropriated $2,603,700 to pay legal, manage- ment, investment, and other fees and administrative expenses of the District of Columbia Retirement Board, of which $500,000 shall be derived from the general fund and not to exceed $2,103,700 (includ- ing $200,000 for obligations incurred in fiscal year 1983) shall be derived from the earnings of the applicable retirement funds: Pro- vided further. That the District of Columbia Retirement Board shall provide to the Congress and the Council of the District of Columbia a quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further. That the District of Columbia Retirement Board shall provide the Mayor for transmittal to the Council of the District of Columbia an item accounting of the planned use of appropriated funds in time for each annual budget submission and the actual use of such funds in time for each annual audited financial report. ECONOMIC DEVELOPMENT AND REGULATION Economic development and regulation, $56,603,000: Provided, That the District of Columbia Housing Finance Agency, established by section 201 of the District of Columbia Housing Finance Agency Act, effective March 3, 1979 (D.C. Law 2-135; D.C. Code 45-2111), based upon its capability of repayments as determined each year by the Council of the District of Columbia from the Agency's annual audited financial statements to the Council of the District of Colum- bia, shall repay to the general fund an amount equal to appropri- ations plus interest at a rate of 4 percent per annum for a term of fifteen years, with a deferral of payments for the first three years: Provided further. That notwithstanding the foregoing provision, the obligation to repay all or a part of the amounts due shall be subject to the rights of the holders of any bonds or notes issued by the

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Page:United States Statutes at Large Volume 97.djvu/853

 PUBLIC LAW 98-125—OCT. 13, 1983 97 STAT. 821 Agency and shall be repaid to the District of Columbia only from available operating revenues of the Agency which are in excess of the amounts required for debt service, reserve funds, and operating expenses: Provided further. That upon commencement of the debt service payments, such payments shall be deposited into the general fund of the District of Columbia. PUBLIC SAFETY AND JUSTICE Public safety and justice, including purchase of not to exceed one hundred and thirty-five passenger motor vehicles for replacement only (including one hundred and thirty for police-type usc and five for fire-type usc without regard to the general purchase price limita- tion for the current fiscal year), $487,068,100 (including $2,841,300 for the Superior Court of the District of Columbia which shall be made available only upon enactment into law of authorizing legisla- tion), of which $6,231,900 shall be payable from the revenue sharing trust fund: Provided, That the Metropolitan Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department is authorized to replace not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths of the cost of the replace- ment: Provided further. That not to exceed $300,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further. That funds appropriated for expenses under the District of Columbia Criminal Justice Act, Public Law 93-412, approved September 3, 1974 (88 Stat. 1090; D.C. Code 11-2601 et seq.) for the fiscal year ending September 30, 1984, shall be available for obligations incurred under that Act in each fiscal year since inception in fiscal year 1975: Provided further. That $50,000 of any appropriation available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Emer- gency Preparedness for the purchsise of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor: Provided further, That not to exceed $2,500 for the Joint Committee on Judicial Administration shall be available from this appropriation for official purposes. PUBLIC EDUCATION SYSTEM Public education system, including the development of national defense education programs, $483,532,900, of which $6,000,000 shall be payable from the revenue sharing trust fund, to be allocated as follows: $326,350,000 for the public schools of the District of Colum- bia; $78,560,800 for the District of Columbia Teachers' Retirement Fund; $60,842,400 for the University of the District of Columbia; $12,436,100 for the Public Library; $916,400 for the Commission on the Arts and Humanities; $196,200 for the Educational Institution Licensure Commission; and $4,231,000 for the School Transit Sub- sidy: Provided, That $515,000 of the funds provided for the public schools of the District of Columbia from the Driver Education Program Fund shall be used exclusively for the operation of the driver education program: Provided further, That the public schools of the District of Columbia are authorized to accept not to exceed thirty-one motor vehicles for exclusive usc in the driver education program: Provided further. That not less than $7,257,800 of this

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Page:United States Statutes at Large Volume 97.djvu/854

 97 STAT. 822 PUBLIC LAW 98-125—OCT. 13, 1983 appropriation shall be used exclusively for maintenance of the public schools of the District of Columbia: Provided further, That not to exceed $2,500 for the Superintendent of Schools, $2,500 for the President of the University of the District of Columbia, and $2,000 for the Public Librarian shall be available from this appropriation for expenditures for official purposes: Provided further, That this appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of Columbia adopts for the fiscal year ending Septem- ber 30, 1984, a tuition rate schedule which will establish the tuition rate for nonresident students at a level no lower than the nonresi- dent tuition rate charged at comparable public institutions of higher education in the metropolitan area. HUMAN SUPPORT SERVICES Human support services, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Services, $503,236,600, of which $2,233,000 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit except for services provided to patients who are eligible for such services under the District of Columbia plan for medical assist- ance under title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.), and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be at the per diem rate established pursuant to section 2 of An Act to authorize certain expenditures from the appropriation of Saint Elizabeths Hospital, and for other purposes, approved August 4, 24 USC 168a. 1947 (61 Stat. 751; 24 U.S.C. 168(a)): Provided further, That total funds paid by the District of Columbia as reimbursements for operating costs of Saint Elizabeths Hospital, including any District of Columbia payments (but excluding the Federal matching share of payments) associated with title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.), shall not exceed $5,700,000 and an additional $29,448,700: Provided further. That $11,558,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees' disability compensation. PuBuc WORKS Public works, including rental of one passenger-carrying vehicle for usc by the Mayor and three passenger-carrying vehicles for usc by the Council of the District of Columbia and purchase of passen- ger-carrying vehicles for replacement only, $190,562,100, of which $2,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles: Provided further. That this appropriation shall not be available for collecting ashes or miscella- neous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia.

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Page:United States Statutes at Large Volume 97.djvu/855

 PUBLIC LAW 98-125—OCT. 13, 1983 97 STAT. 823 REPAYMENT OP LOANS AND INTEREST For reimbursement to the United States of funds loaned in com- pliance with An Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia, approved August 7, 1946 (60 Stat. 896); the Departments of Labor, and Health, Education, and Welfare Appropriation Act of 1955, approved July 2, 1954 (68 Stat. 443); section 1 of An Act to authorize 68 Stat. 434. the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9-219); section 4 of An Act to authorize the Commissioners of the District of Columbia to plan, construct, oper- ate, and maintain a sanitary sewer to connect the Dulles Interna- tional Airport with the District of Columbia system, approved June 12, 1960 (74 Stat. 211); and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 821; D.C. Code 47-321, note); section 743(f) of the District of Columbia Self-Government and Governmen- tal Reorganization Act, approved October 13, 1977 (91 Stat. 1156; D.C. Code 9-219, note), including interest as required thereby, $158,735,600. REPAYMENT OF GENERAL FUND DEFICIT For the purpose of eliminating the cash portion of the $296,449,000 general fund accumulated deficit as of September 30, 1982, $15,000,000, of which not less than $10,000,000 shall be funded and apportioned by the Mayor from amounts otherwise available to the District of Columbia government (including amounts appropri- ated by this Act or revenues otherwise available, or both). SHORT-TERM BORROWINGS For the purpose of funding interest related to borrowing funds for short-term cash needs, $3,750,000. ADJUSTMENTS The Mayor shall reduce authorized appropriations and expendi- tures within object class 30A (energy) in the amount of $3,871,300, and within object class 13 (additional gross pay) in the amount of $361,800, within one or several of the various appropriation head- ings in this Act. CAPITAL OUTLAY For construction projects as authorized by An Act authorizing the laying of water mains and service sewers in the District of Colum- bia, the levying of assessments therefor, and for other purposes, approved April 22, 1904 (33 Stat. 244; D.C. Code 43-1512-1519); the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101); An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement pro- grams and to amend provisions of law relating to Federal Govern- ment participation in meeting costs of maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9-219

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Page:United States Statutes at Large Volume 97.djvu/856

 97 STAT. 824 PUBLIC LAW 98-125—OCT. 13, 1983 and 47-3402); section 3(g) of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved August 20, 1958 (72 Stat. 686; D.C. Code 40-805(7)); and the National Capital Transportation Act of 1969, approved December 9, 1969 (83 Stat. 320; D.C. Code 1-2451. 1-2452, 1-2454, 1-2456, and 1-2457); including acquisition of sites, preparation of plans and specifications, conducting preliminary sur- veys, erection of structures, including building improvement and alteration and treatment of grounds, to remain available until expended, $111,587,400: Provided, That $4,101,600 shall be available for project management and $5,160,900 for design by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and that the funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all such funds shall be available only for the Expiration date, specific projects and purposes intended: Provided further, That not- withstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, Public Law 90- 495, approved August 23, 1968 (82 Stat. 827; D.C Code 7-134, note), for which funds are provided by this paragraph, shall expire on September 30, 1985, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 1985: Provided further. That upon expiration of any such project authorization the funds provided herein for such project shall lapse: Provided further. That the Mayor shall not request the advance of any moneys for new general fund capital improvement projects without the approval, by resolution, di the Council of the District of Columbia. WATER AND SEWER ENTERPRISE FUND For the Water and Sewer Enterprise Fund, $114,383,100, of which $22,190,900 shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital im- provement projects. For construction projects as authorized by an Act authorizing the laying of water mains and service sewers in the District of Colum- bia, the levying of assessments therefore, and for other purposes, approved April 22, 1904 (33 Stat. 244; D.C. Code 43-1512 et seq.), $11,220,000: Provided, That the requirements and restrictions which are applicable to general fund capital improvement projects and which are set forth in this Act under the heading Capital Outlay shall apply to projects approved under this heading. WASHINGTON CONVENTION CENTER ENTERPRISE FUND For the Washington Convention Center Enterprise Fund, $9,617,000: Provided, That the Convention Center Board of Direc- tors, established by section 3 of the Washington Convention Center Management Act of 1979, effective November 3, 1979 (D.C. Law 3-36, D.C. Code 9-602), shall reimburse the auditor of the District of Columbia for all reasonable costs for performance of the annual convention center audit.

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Page:United States Statutes at Large Volume 97.djvu/857

 PUBLIC LAW 98-125—OCT. 13, 1983 97 STAT. 825 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND For the Lottery and Charitable Games Enterprise Fund estab- lished by Public Law 97-91 (95 Stat. 1174, 1175), as amended, for the purpose of implementing the Law to Legalize Lotteries, Daily Num- bers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. Code 22-1516 et seq.), $2,772,500, to be derived from non-Federal District of Columbia revenues: Provided, That the District of Colum- bia shall identify the sources of funding for this appropriation from its own locally-generated revenues: Provided further. That no rev- enues from Federal sources shall be used to support the operations or activities of the Lottery and Charitable Games Control Board. GENERAL PROVISIONS SEC. 101. 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 expendi- tures are a matter of public record and available for public inspec- tion, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 102. Except as otherwise provided in this Act, all vouchers covering expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official. SEC. 103. Whenever in this Act an amount is specified within an appropriation for particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maxi- mum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor, except for those funds and programs for the Metropolitan Police Department under the heading "Public Safety and Justice" which shall be considered as the amounts set apart exclusively for and shall be expended solely by that Department; and the appropriation under the heading "Repayment of General Fund Deficit" which shall be considered as the amount set apart exclusively for and shall be expended solely for that purpose. SEC. 104. Appropriations in this Act shall be available, when authorized by the Mayor, for allowances for privately owned auto- mobiles and motorcycles used for the performance of official duties at rates established by the Mayor: Provided, That such rates shall not exceed the maximum prevailing rates for such vehicles as prescribed in the Federal Property Management Regulations 101-7 (Federal Travel Regulations). SEC. 105. Appropriations in this Act shall be available for ex- penses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor: Provided, That the Council of the District of Columbia may expend such funds without authorization by the Mayor. SEC. 106. Appropriations in this Act shall not be used for or in connection with the preparation, issuance, publication, or enforce- ment of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connec- tion with the licensing of any vehicle to be operated as a taxicab Consulting services. Vouchers. Maximum allowances. Automobile and motorcycle allowances. Travel expenses and organization dues. Taxicab r egulation.

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