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Page:United States Statutes at Large Volume 95.djvu/1678

 95 STAT. 1652

PUBLIC LAW 97-121—DEC. 29, 1981 OVERSEAS PRIVATE INVESTMENT CORPORATION

The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $8,000 for entertainment allowances), and to make such contracts and commitments without regard tofiscalyear limitations, as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 849), as may be necessary in carrying out the program set forth in the budget for the current fiscal year. During the fiscal year 1982 and within the resources and authority available, gross obligations for the amount of direct loans shall not exceed $10,000,000. During the fiscal year 1982, total commitments to guarantee loans shall not exceed $100,000,000 of contingent liability for loan principal. INDEPENDENT AGENCY PEACE CORPS

For expenses necessary to carry out the provisions of the Peace Corps Act (75 Stat. 612), $105,000,000: Provided, That none of the funds appropriated in this paragraph shall be used to pay for abortions. DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE

oo? * ^ l^VTo note

Ante, p. 1519.

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorizsed by the Foreign Service Act of 1980, allow ^ authorized by sections 5921 through 5925 of title 5, United States Code; hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $503,000,000: Provided, That $30,000,000 of this amount shall be transferred to the Agency for International Development to be used only for resettlement services and facilities for refugees and displaced persons in Africa: Provided further. That $5,000,000 of this amount shall be used for assistance for persons displaced by strife in El Salvador as provided m H.R. 3566 as reported May 19, 1981: Provided further. That these funds shall be administered in a manner that insures equity in the treatment of all refugees receiving Federal assistance: Provided further. That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere: Provided further, That not more than $7,426,000 of the funds appropriated under this heading shall be available for the administrative expenses of the Office of Refugee Programs of the Department of State.

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Page:United States Statutes at Large Volume 95.djvu/1679

 PUBLIC LAW 97-121—DEC. 29, 1981

95 STAT. 1653

TITLE ni-MILITARY ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT MILITARY ASSISTANCE

For necessary expenses to cany out the provisions of section 503 of the Foreign Assistance Act of 1961, including administrative 22 USC 2311. expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $176,512,000, to remain available for obligation until September 30, 1983. INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 of theForeign AssistanceAct of 1961,$38,488,000. 22 USC 2347. FOREIGN MILITARY CREDIT SALES

For expenses necessary to enable the President to carry out the provisions of sections 23 and 24 of the Arms Export Control Act, 22 USC 2763, $750,000,000 of which not less than $550,000,000 shall be allocated to ^^^^ Israel and not less than $200,000,000 shall be allocated for Egypt: Provided, That of the amount provided for the total aggregate credit sale ceiling during the current fiscal year, not less than $1,400,000,000 shall be allocated to Israel. During the fiscal year 1982 and within the resources and authority available, gross obligations for the principal amount of direct loans, exclusive of loan guaranty defaults, shall not exceed $750,000,000. During the fiscal year 1982, total commitments to guarantee loans shall not exceed $3,083,500,000 of contingent liability for loan principal. TITLE IV—EXPORT-IMPORT BANK OF THE UNITED STATES The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program set 31 USC 849. forth in the budget for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country other than a nuclear-weapon State as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to 21UST 483. receive economic or military assistance under this Act that has detonated a nuclear explosive after the date of enactment of this Act. LIMITATION ON PROGRAM ACTIVITY

During the fiscal year 1982 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $4,400,000,000. During the fiscal year 1982, total commitments to guarantee loans shall not exceed $9,220,000,000 of contingent liability for loan principal.

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Page:United States Statutes at Large Volume 95.djvu/1680

 95 STAT. 1654

PUBLIC LAW 97-121—DEC. 29, 1981 LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $15,115,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $16,(M)0 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or a fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Export-Import Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Export-Import Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadndnistrative expenses for the purposes of this paragraph. TITLE V—GENERAL PROVISIONS Water or related land resource projects.

Pensions, annuities and certain compensation payments. Procurement contracts, payment prohibition. 22 USC 2151 note.

United Nations members, assessments, payment prohibition.

SEC. 501. None of the funds appropriated in this Act (other than funds appropriated for "International organizations and programs") shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America under the Principles and Standards for Planning Water and Related Land Resources dated October 25, 1973. SEC. 502. Except for the appropriations entitled "International disaster assistance", "United States emergency refugee and migration assistance fund" and the special requirements fund within the appropriations entitled "Military Assistance" and the special requirements fund within the appropriations entitled "Economic support fund", not more than 15 per centum of any appropriation item made available by this Act for the fiscal year 1982 shall be obligated or reserved during the last month of availability. SEC. 503. None of the funds appropriated in this Act nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or a4justed service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country. SEC. 504. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. SEC. 505. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations.

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Page:United States Statutes at Large Volume 95.djvu/1681

 PUBLIC LAW 97-121—DEC. 29, 1981

95 STAT. 1655

SEC. 506. None of the funds contained in title II of this Act may be used to carry out the provisions of section 209(d) of the Foreign 22 USC 2169. Assistance Act of 1961. SEC. 507. Of the funds appropriated or made available pursuant to Official this Act, not to exceed $110,000 shall be for official residence expenses residence of the Agency for International Development during the fiscal year expenses. 1982: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible. United States-owned foreign currencies are utilized in lieu of dollars. SEC. 508. Of the funds appropriated or made available pursuant to Entertainment this Act, not to exceed $10,000 shall be for entertainment expenses of expenses. the Agency for International Development during fiscal year 1982. SEC. 509. Of the funds appropriated or made available pursuant to Representation this Act, not to exceed $100,000 shall be for representation allowances allowances. of the Agency for International Development during fiscal year 1982: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible. United States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of the total funds made available b^ this Act under the headings "Military Assistance" and "Foreign Military Credit Sales", not to exceed $2,500 shall be available for entertainment expenses and not to exceed $70,000 shall be available for representation allowances: Provided further. That of the funds made available by this Act under the heading "International Military Education and Training", not to exceed $125,000 shall be avedlable for entertainment allowances: Provided further, That of the funds made available by this Act for the Inter-American Foundation, not to exceed $2,500 shall be available for entertainment and representation allowances: Provided further, That of the funds made available by this Act for the Peace Corps, not to exceed a total of $4,000 shall be available for entertainment expenses. SEC. 510. None of the funds appropriated or made available (other Nuclear than funds for "International organizations and programs") pursu- material, ant to this Act for carrying out the Foreign Assistance Act of 1961, assistance prohibition. may be used to finance the export of nuclear equipment, fuel, or 22 USC 2151 technol(^ or to provide assistance for the training of foreign na- note. tionals in nuclear fields. SEC. 511. Funds appropriated by this Act may not be obligated or Human rights. expended to provide assistance to any country for the purpose of aiding the efforts of the government of such country to repress the legitimate rights of the population of such country contrary to the Universal Declaration of Human Rights. SEC. 512. None of the funds appropriated or made available pursu- Mozambique, assistance ant to this Act shall be obligated or expended to finance directly any prohibition. assistance to Mozambique, except that the President may waive this prohibition if he determines, and so reports to the Congress, that furnishing such assistance would further the foreign policy interests of the United States. SEC. 513. None of the funds appropriated or otherwise made Assistance available pursuant to this Act shall be obligated or expended to prohibition to certain finance directly any assistance or reparations to Libya, Iraq, or South countries. Yemen. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Angola, Cambodia, Cuba, Laos, the Socialist Republic of Vietnam, or Syria. SEC. 514. None of the funds made available by this Act may be obligated under an appropriation account to which they were not appropriated without the written prior approval of the Appropriations Committees of both Houses of the Congress. 9-194 0—82

106:QL3

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Page:United States Statutes at Large Volume 95.djvu/1682

 95 STAT. 1656 Publicity or propaganda.

Appropriation expiration. Countries in default.

Certain international financial institutions.

Governments aiding war criminals or international terrorists.

Foreign commodities production, expansion assistance.

Surplus commodities on world markets. 22 USC 262h.

PUBLIC LAW 97-121—DEC. 29, 1981

SEC. 515. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of enactment of this Act by the Congress. SEC. 516. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act. SEC. 517. No part of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act. SEC. 518. None of the funds appropriated or made available pursuant to this Act shall be available to any international financial institution whose United States representative cannot upon request obtain the amounts and the names of borrowers for all loans of the international financial institution, including loans to employees of the institution, or the compensation and related benefits of employees of the institution. SEC. 519. None of the funds appropriated or made available pursuant to this Act shall be available to any international financial institution whose United States representative cannot upon request obtain any document developed by the management of the international financial institutions. SEC. 520. None of the funds appropriated or otherwise made available by this Act to the Export-Import Bank and funds appropriated by this Act for direct foreign assistance may be obligated for any government which aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed or is being sought by any other government for prosecution for any war crime or an act of international terrorism, unless the President finds that the national security requires otherwise. SEC. 521. None of the funds appropriated or made available pursuant to this Act for direct assistance and none of the funds otherwise made available pursuant to this Act to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, lliat such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industzy and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity. SEC. 522. The Secretary of the Treasury shall instruct the United States executive directors of the International Bank for Reconstruction and Development, the International Development Association, the Intemational Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this Act, for the production of any commodity for export, if it is in surplus on

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Page:United States Statutes at Large Volume 95.djvu/1683

 PUBLIC LAW 97-121—DEC. 29, 1981

95 STAT. 1657

world markets and if the assistance vsdll cause substantial injury to United States producers of the same, similar, or competing commodity. SEC. 523. None of the funds made available under this Act for "Agriculture, rural development, and nutrition. Development Assistance," "Population, Development Assistance," "Health, Development Assistance," "Education and human resources development, Development Assistance," "Energy, private voluntary organizations, and selected development activities. Development Assistance," "Science and technology. Development Assistance," "International organizations and programs," "American schools and hospitals abroad," "Trade and development program," "Sahel development program," "International narcotics control," "Economic support fund," "Peacekeeping operations," "Operating Expenses of the Agency for International Development," "Military assistance," "International military education and training," "Foreign militant credit sales," "InterAmerican Foundation,' "Peace Corps," or Migration and refugee assistance," shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operation not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for the fiscal year 1982 unless the Appropriations Committees of both Houses of Congress are previously notified fifteen days in advance. SEC. 524. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 525. None of the funds appropriated under this Act may be used to lobby for abortion. This Act may be cited as the "Foreign Assistance and Related Programs Appropriations Act, 1982". Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 4559 (S. 1802): HOUSE REPORTS: No. 97-245 (Comm. on Appropriations) and No. 97-416 (Comm. of Conference). SENATE REPORT No. 97-266 accompanying S. 1802 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 17, S. 1802 considered and passed Senate. Dec. 10, 11, considered and passed House. Dec. 11, considered and passed Senate, amended, in lieu of S. 1802. Dec. 16, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

Abortions, prohibition. Short title.

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Page:United States Statutes at Large Volume 95.djvu/1684

 95 STAT. 1658

PUBLIC LAW 97-122—DEC. 29, 1981

Public Law 97-122 97th Congress An Act Dec. 29, 1981 [H.R. 4431]

To provide for the designation of the E. Michael Roll Post Office.

Be it enacted by the Senate and House of Representatives of the p' ^n^®^ ^°^^ United States of America in Congress assembled, That, as soon as S!L?o^^^-f practicable after the date of the enactment of this Act, the PostmasDesignation. fcr General s h a l l (1) designate the post office located at 6400 Marlboro Pike, Forestville, Maryland, as the "E. Michael Roll Post Office"; and (2) install in such post office, in a place in open view of the public, an appropriate plaque indicating the designation of the post office pursuant to this Act. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 4431: CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 23, considered and passed House. Dec. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1685

 PUBLIC LAW 97-123—DEC. 29, 1981

95 STAT. 1659

Public Law 97-123 97th Congress

An Act To amend the Omnibus Reconciliation Act of 1981 to restore minimum benefits under the Social Security Act.

Dec. 29, 1981 [H.R. 4331]

Be it enacted by the Senate and House of Representatives of the Social Security United States of America in Congress assembled, Act, INTERFUND BORROWING

amendment.

(a) Section 201 of the Social Security Act is amended by 42 USC 401. adding at the end thereof the following new subsection: "(1)(1) If at any time prior to January 1983 the Managing Trustee determines that borrowing authorized under this subsection is appropriate in order to best meet the need for financing the benefit payments from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, the Managing Trustee may borrow such amounts as he determines to be appropriate from the other such Trust Fund, or from the Federal Hospital Insurance Trust Fund established under section 1817, for transfer to 42 USC 13951. and deposit in the Trust Fund whose need for financing is involved. "(2) m any case where a loan has been made to a Trust Fund under interest. aragraph (1), there shall be transferred from time to time, from the orrowing Trust Fund to the lending Trust Fund, interest with respect to the unrepaid balance of such loan at a rate equal to the rate which the lending Trust Fund would earn on the amount involved if the loan were an investment under subsection (d). "(3) If in any month after a loan has been made to a Trust Fund Repayments. under paragraph (1), the Managing Trustee determines that the assets of such Trust Fund are sufficient to permit repayment of all or part of any loans made to such Fund under paragraph (1), he shall make such repayments as he determines to be appropriate. Report to "(4) The Board of Trustees shall make a timely report to the Congress. Congress of any amounts transferred (including interest payments) under this subsection.". (b) Section 1817 of such Act is amended by adding at the end thereof 42 USC 13951. the following new subsection: "OKI) ^ ^* 8^y ti°i6 prior to January 1983 the Managing Trustee determines that borrowing authorized under this subsection is appropriate in order to best meet the need for financing the benefit Payments from the Federal Hospital Insurance Trust Fund, the lanaging Trustee may borrow such amounts as he determines to be appr(^riate from either the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund for transfer to and deposit in the Federal Hospital Insurance Trust Fund. "(2) In any case where a loan has been made to the Federal Hospital interest Insurance Trust Fund under paragraph (1), there shall be transferred from time to time, from such Trust Fund to the lending Trust Fund, interest with respect to the unrepaid balance of such loan at a rate equal to the rate which the lending Trust Fund would earn on the amount involved if the loan were an investment under subsection (c). SECTION 1.

E

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Page:United States Statutes at Large Volume 95.djvu/1686

 95 STAT. 1660 Repayments.

Report to Congress. Effective date. 42 USC 401 note.

PUBLIC LAW 97-123—DEC. 29, 1981

"(3) If in any month after a loan has been made to the Federal Hospital Insurance Trust Fund under paragraph (1), the Managing Trustee determines that the assets of such Trust Fund are sufficient to permit repayment of all or part of any loans made to such Fund under paragraph (1), he shall make such repayments as he determines to be appropriate. "(4) The Board of Trustees shall make a timely report to the Congress of any amounts transferred (including interest payments) under this subsection.". (c) The amendments made by this section shall be effective on the date of the enactment of this Act. CONTINUATION OF MINIMUM BENEFITS FOR EXISTING BENEFICIARIES

Ante, p. 830.

Ante, p. 830.

SEC. 2. (a)(1) Section 215(a)(5) of the Social Security Act (as amended by section 221 of the Omnibus Budget Reconciliation Act of 1981) is further amended— (A) in the first sentence, by striking out ", and the table for determining primary insurance amounts and maximum family benefits contained m this section in December 1978 shall be modified as specified in paragraph (6)"; and (B) in the last sentence, by striking out ", modified by the application of paragraph (6),'*(2) Section 215(a)(6)(A) of the Social Security Act (as added by section 2201 of the Omnibus Budget Reconciliation Act of 1981) is amended by striking out "The table of benefits" and all that follows down through "shall be extended" and inserting in lieu thereof the following "In applying the table of benefits in effect in December 1978 under this section for purposes of the last sentence of paragraph (4), such table, revised as provided by subsection (i), as applicable, shall be extended". Cb) Section 215(f)(7) of the Social Security Act (as amended by section 2201 of the Omnibus Budget Reconciliation Act of 1981) is further amended— (1) by striking out the period at the end of the second sentence and inserting in lieu thereof ", and (effective January 1982) the recomputation shall be modified by the application of subsection (a)(6) where applicable."; and (2) by striking out the last sentence. (c) Section 215(i)(2)(A)(iii) of the Social Security Act (as amended by section 2201 of the Omnibus Budget Reconciliation Act of 1981) is further amended by inserting after "this title" the following: "and, with respect to a primary insurance amount determined! under subsection (a)(l)(C)(i)(I) in the case of an individual to whom that subsection (as in effect in December 1981) applied, subject to the provisions of subsection (a)(l)(C)(i) and clauses (iv) and (v) of this subparagraph (as then in effect)". (d) Section 215(i)(4) of the Social Security Act (as amended by section 2201 of the Omnibus Budget Reconciliation Act of 1981) is further amended by striking out, modified by the application of subsection (a)(6)," each place it appears. (e) Section 202(q) of the Social Security Act (as amended by section 2201 of the Omuibus Budget Reconciliation Act of 1981) is further amended— (1) in paragraph (4), by striking out "changed" and "change" each place they appear and inserting in lieu thereof "increased" and 'Increase, respectively; and

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Page:United States Statutes at Large Volume 95.djvu/1687

 PUBLIC LAW 97-123—DEC. 29, 1981

95 STAT. 1661

(2) in paragraph (10), by striking out "changed", "change", and "changes" each place they appear and inserting in lieu thereof "increased", "increase", and increases", respectively. (f) Section 203(a)(8) of the Social Security Act (as amended by section 2201 of the Omnibus Budget Reconciliation Act of 1981) is Ante, p. 830. further amended by striking out, modified by the application of section 215(a)(6),". (g) Section 2170i)Xl) of the Social Security Act (as amended by section 2201 of the Omnibus Budget Reconciliation Act of 1981) is further amended by striking out, and as modified by the application of section 215(a)(6),". (h) Section 1622 of the Social Security Act (as added by section 2201 Repeal. of the Omnibus Budget Reconciliation Act of 1981) is repealed. Ante, p. 830. (i) Subsection (e) of section 2201 of the Omnibus Budget Reconcili- ^2 USC 4i5 note. ation Act of 1981 is repealed. Ante, p. 830. (j)(l) Subsection (h) of section 2201 of the Omnibus Budget Recon- 42 USC 1382 ciliation Act of 1981 is repealed, effective September 1, 1981. '^"t^ (2) Except as provided in paragraphs (3) and (4), the amendments ^2 USC 4i5 note. made by section 2201 of the Omnibus Budget Reconciliation Act of 1981 (other than subsection (f) thereof), together with the amendments made by the preceding subsections of this section, shall apply with respect to benefits for months after December 1981; and the amendment made by subsection (f) of such section 2201 shall apply with respecttodeaths occurring after December 1981. (3) Such amendments shall not apply— (A) in the case of an old-age insurance benefit, if the individual who is entitled to such benefit first became eligible (as defined in section 215(a)(3)(B) of the Social Security Act) for such benefit 42 USC 4i5. before January 1982, (B) in the case of a disability insurance benefit, if the individual who is entitledtosuch benefitfirstbecame eU^ble (as so defined) for such benefit before January 1982, or attamed age sixty-two before January 1982, (C) in the case of a wife's or husband's insurance benefit, or a child's insurance benefit based on the wages and self-employment income of a living individual, if the individual on whose wages and self-employment income such benefit is based is entitled to an old-age or disability insurance benefit with respect to which such amendments do not apply, or (D) in the case of a survivors insurance benefit, if the individual on whose wages and self-employment income such benefit is based died before January 1982, or dies in or after January 1982 and at the time of his death is eligible (as so defined) for an oldage or disability insurance benefit with respect to which such amendments do not apply. (4) In the case of an individued who is a member of a religious order (within the meaning of section 3121(r)(2) of the Internal Revenue Code of 1954), or an autonomous subdivision of such order, whose 26 USC 3121. members are required to take a vow of poverty, and which order or subdivision elected coverage under title n of the Social Security Act ^2 USC 401. before the date of the enactment of this Act, or who would be such a member except that such individual is considered retired because of old age or total disability, paragraphs (2) and (3) shall apply, except that each reference therein to "December 1981" or January 1982"shall be considered a reference to "December 1991" or "January 1992", respectively.

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Page:United States Statutes at Large Volume 95.djvu/1688

 95 STAT. 1662

PUBLIC LAW 97-123—DEC. 29, 1981 EXTENSION OF COVERAGE TO FIRST SIX MONTHS OF SICK PAY

42 USC 409.

SEC. 3. (a) a a u s e (2) of section 209(b) of the Social Security Act is amended by inserting immediatelv after "sickness or accident disability" the following: "(but, in the case of payments made to an employee or any of his dependents, this clause shall exclude from the term ^vages' only payments which are received under a workmen's compensation lawr. (b)(1) Subparagraph (B) of section 3121(a)(2) of the Internal Revenue 26 USC 3121. Code of 1954 (defuung wages for purposes of the Federal Insurance 26 USC 3126. Contributions Act) is amended to read as follows: "(B) sickness or accident disability (but, in the case of p a r e n t s made to an employee or any of his dependents, this subparagraph shall exclude from the term 'wages' only payments wmch are received under a workmen's compensation law), or". (2) Section 3121(a) of such Code is further amended by adding at the end thereof (after and below paragraph (18)) the following new sentence: "Except as otherwise provided in regulations prescribed by the Secretary, any third party which makes a payment included in wages solely by reason of the parenthetical matter contained in subparagraph (B) of paragraph (2) shall be treated for purposes of this chapter 26 USC 3201 et and chaptor 22 as the employer with respect to such wa^es." SVsc S231 ^^^ Subsection (e) of section 3231 of such Code (defining compensa26 USC 3233 ^on for purposes of the Railroad Retirement Tax Act) is amended by adding at the end thereof the following new paragraph: "(4)(A) For purposes of applying sections 3201(b) and 3221(b) (and so much of section 3211(a) as relates to the rates of the taxes imposed by sections 3101 and 3111), in the case of payments made to an employee or any of his dependents on account of sickness or accident disability, clause (i) of the second sentence of paragraph (1) shall exclude from the term 'compensation' only— "(i) payments which are received under a workmen's compensation law, and "(ii) benefits received under the Railroad Retirement Act 45use23it. of 1974. "(B) Notwithstanding any other provision of law, for purposes of the sections specified in subparagraph (A), the term compensation' shall include benefits paid under section 2(a) of the 45 USC 352. Railroad Unemployment Insurance Act for days of sickness, except to the extent that such sickness (as determined in accordance with standards prescribed by the Railroad Retirement Board) is the result of on-the-job injury. "(C) Under regulations prescribed by the Secretary, subparagraphs (A) and (B) shall not apply to payments made after the expiration of a 6-month period comparable to the 6-month period described in section 3121(a)(4). "(D) Except as otherwise provided in regulations prescribed by the Secretary, any third party which makes a payment included in compensation solely by reason of subparagraph (A) or (B) shall be treated for purposes of this chapter as the employer with respect to such compensation." 26 USC 3121 (d)(l) The regulations prescribed under the last sentence of section o^frcr. 0101 3121(a) of tho Internal Revenue Code of 1954, and the regulations Supm prescribed under subparagraph (D) of section 3231(e)(4) of such Code, shall provide procedures under which, if (with respect to any employee) the third party promptly—

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Page:United States Statutes at Large Volume 95.djvu/1689

 PUBLIC LAW 97-123—DEC. 29, 1981

95 STAT. 1663

(A) withholds the employee portion of the taxes involved, (B) deposits such portion under section 6302 of such Code, and (C) notifies the employer of the amount of the wages or compensation involved, the employer (and not the third party) shall be liable for the employer portion of the taxes involved and for meeting the requirements of section 6051 of such Code (relating to receipts for employees) with respects to the wages or compensation involved. (2) For purposes of paragraph (1)— (A) the term "employer" means the employer for whom services are normally rendered, (B) the term "taxes involved" means, in the case of any employee, the taxes under chapters 21 and 22 which are payable solely by reason of the parenthetical matter contained in subparagraph (B) of section 3121(a)(2) of such Code, or solely by reason of paragraph (4) of section 3231(e) of such Code, and (C) the term "wages or compensation involved" means, in the case of any employee, wages or compensation with respect to which taxes described in subparagraph (B) are imposed. (e) For purposes of applying section 209 of the Social Security Act, section 3121(a) of the Internal Revenue Code of 1954, and section 3231(e) of such Code with respect to the parenthetical matter contained in section 209(b)(2) of the Social Security Act or section 3121(a)(2)(B) of the Internal Revenue Code of 1954, or with respect to section 3231(e)(4) of such Code (as the case may be), pa3niients under a State temporary disability law shall be treated as remuneration for service. (f) Notwithstanding any other provision of law, no penalties or interest shall be assessed on account of any failure to make timely payment of taxes, imposed by section 3101, 3111, 3201(b), 3211, or 3221(b) of the Internal Revenue Code of 1954 with respect to payments made for the period beginning January 1, 1982, and ending June 30, 1982, to the extent that such taxes are attributable to this section (or the amendments made by this section) and that such failure is due to reasonable cause and not to willful neglect. (g)(1) Except as provided in paragraph (2), this section (and the amendments made by this section) shall apply to remuneration paid after December 31, 1981. (2) This section (and the amendments made by this section) shall not apply with respect to any payment made by a third party to an emplovee pursuant to a contractual relationship of an employer with such third party entered into before December 14, 1981, if— (A) coverage by such third party for the group in which such employee falls ceases before March 1, 1982, and (B) no payment by such third party is made to such employee under such relationship after February 28, 1982.

26 USC 6302.

Definitions.

^6 USC 3ioi et ^^^' ^ ^^^

26 USC 3i2i Jg^use 409 26 USC 3121

26 USC 3101 "°*^ 26 USC 3101,

3111, 3201, 3211, 3221.

26 USC 3121 "°^

PENALTIES FOR MISUSE OF SOCIAL SECURITY NUMBERS

SEC. 4. (a) Section 208(g) of the Social Security Act is amended— 42 USC 408. (1) by inserting "or for the purpose of obtaining anything of value from any person," before "or for any other purpose" in the matter preceding paragraph (1); and (2) by adding after paragraph (2) the following new paragraph: "(3) knowingly alters a social security card issued by the Secretary, buys or sells a card that is, or purports to be, a card so issued, counterfeits a social security card, or possesses a social

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Page:United States Statutes at Large Volume 95.djvu/1690

 95 STAT. 1664

PUBLIC LAW 97-123—DEC. 29, 1981

security card or counterfeit social security card with intent to sell or alter it; or". 42 USC 408. (b) Section 208 of such Act is further amended by striking out "shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both" in the matter following subsection (h) and inserting in lieu thereof "shall be guilty of a felony and upon conviction thereof shall be fined not more than $5,000 or imprisoned for not more than five years, or both". Effertiye date (j.) The amendments made by subsections (a) and (b) shall be 4^ ubc 4u« note, effg^tive with respect to violations committed after the date of the enactment of this Act. STATUTORY DEADLINE FOR IMPLEMENTING AFDC HOME HEALTH AIDE DEMONSTRATION PROJECTS

42 USC 632a. Ante, p. 802.

SEC. 5. The last sentence of subsection (c)(2) of section 966 of the Omuibus Reconciliation Act of 1980 (as added by section 2156 of the Omuibus Budgct Reconciliation Act of 1981) is amended by inserting "with at least seven States" after "agreements". INFORMATION WITH RESPECT TO PRISONERS

42 USC 423.

SEC 6. Section 223(f) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(3) Notwithstanding the provisions of section 552a of title 5, United States Code, or any other provision of Federal or State law, any agency of the United States Government or of any State (or political subdivision thereof) shall make available to the Secretary, upon written request, the name and social security account number of any individual who is confined in a jail, prison, or other penal institution or correctional facility under the jurisdiction of such agency, pursuant to his conviction of an offense which constituted a felony under applicable law, which the Secretary may require to cany out the provisions of this subsection.".

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Author:Ambrose Lisle March Phillipps De Lisle

Works

 * The Manual of Devotion, 1843
 * Mahometanism in its Relation to Prophecy, 1855
 * On the future unity of Christendom, 1857
 * An appeal to the Catholics of England


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Page:United States Statutes at Large Volume 95.djvu/1691

 PUBLIC LAW 97-123—DEC. 29, 1981

95 STAT. 1665

REPORT TO CONGRESS

SEC. 7. The Secretary of Health and Human Services shall report to the Congress within ninety days after the date of the enactment of this Act with respect to the actions being taken to prevent payments from being made under title n of the Social Security Act to deceased ^2 USC 4oi. individuals, including to the extent possible the use of the death records available under the medicare program to screen the cash benefit rollsforsuchdeceased individuals. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 4331: HOUSE REPORT No. 97-409 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 127 (1981): July 31, considered and passed House. July 31, Oct. 14, 15, considered and passed Senate, amended. Dec. 15, Senate agreed to conference report. Dec. 16, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1692

 95 STAT. 1666

PUBLIC LAW 97-124—DEC. 29, 1981

Public Law 97-124 97th Congress An Act Dec. 29, 1981 [H.R. 3799]

Federal tort claim provisions for National Guard members.

Repeal.

10 USC 1089 note.

To extend the Federal tort claims provisions of title 28, United States Code, to acts or omissions of members of the National Guard, and to provide that the remedy under those provisions shall be exclusive in medical malpractice actions involving members of the National Guard.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2671 of title 28, United States Code, is amended— (1) in the second paragraph, by inserting "members of the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32," after "naval forces of the United States,"; and (2) in the third paragraph, by inserting "or a member of the National Guard as defined in section 101(3) of title 32" immediately after "United States". SEC. 2. Section 1089(a) of title 10, United States Code, is amended by inserting "the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32," after "armed forces,". SEC. 3. Section 334 of title 32, United States Code, and the item relating to such section in the section analysis of chapter 3 of such title, are repealed. SEC. 4. The amendments made by this Act and the repeal made by section 3 of this Act shall apply only with respect to claims arising on or after the date of the enactment of this Act. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 3799 (S. 267): HOUSE REPORT No. 97-384, Pt. 1 (Comm. on the Judiciary). SENATE REPORT No. 97-297 accompanying S. 267 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 15, considered and passed House. Dec. 16, considered and passed Senate, in lieu of S. 267.

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Page:United States Statutes at Large Volume 95.djvu/1693

 PUBLIC LAW 97-125—DEC. 29, 1981

95 STAT. 1667

Public Law 97-125 97th Congress An Act To amend the National Visitor Center Facilities Act of 1968 to provide for the rehabilitation and completion of Union Station in Washington, District of Ctolumbia, and for other purposes.

Dec. 29, 1981 [S. 1192]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Union station cited as the "Union Station Redevelopment Act of 1981". ASTigsi"^''* SEC. 2. The Congress finds and declares that— 40 USC 80i note. (1) Union Station in Washington, District of Columbia, com- 40 USC sii note. missioned by Congress in 1903, designed by Daniel H. Bumham in monumental Beaux Arts style, and completed by the Washington Terminal Company in 1907, is an important historic and architectural landmark of the Nation's Capital; (2) Union Station was built and used exclusively as a rail passenger station until Congress decided to make the historic Union Station building a National Visitor Center in 1968, allocating rail passenger operations to a replacement facility behind the historic building; (3) the use of rail passenger service to and from Washington, District of Columbia, declining when the National Visitor Center Facilities Act of 1968 was enacted, has dramatically increased 40 USC soi note. since that time with the advent of and substantial Federal investment in the National Railroad Passenger Corporation and the northeast corridor improvement project, justifying a reversal of the policy adopted 13 years ago; (4) the historic Union Station building is now unsafe and unusable, and the replacement railroad station is inconvenient and inadequate for present and projected rail ridership demand; (5) it is in the national interest to preserve the architectural features of Union Station and to provide in the Union Station complex a sound and fully operational transportation terminal; (6) the Union Station complex and its vicinity present an opportunity for successful commercial development integrated with the transportation functions of the facility; and (7) the purposes of this Act are to achieve the goals of historic preservation and improved rail use of Union Station with maximum reUance on the private sector and minimum requirement for Federal assistance. SEC. 3. Title I of the National Visitor Center Facilities Act of 1968 (40 U.S.C. 801 et seq.) is amended— (1) by striking "National Visitor Center" in the caption of title I and inserting in lieu thereof "Union Station"; (2) by inserting a new caption "Subtitle A—National Visitor Center" immediately after the new title I caption; and (3) by adding at the end of title I the following new subtitle:

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Page:United States Statutes at Large Volume 95.djvu/1694

 95 STAT. 1668

PUBLIC LAW 97-125—DEC. 29, 1981 "Subtitle B—Union Station Redevelopment

40 USC 811.

Roof installation.

40 USC 812.

"SEC. 111. (a) Upon the request of the Secretary of Transportation, the Secretary shall assign to the Secretary of Transportation all of the Secretary's right, title, and interest in the Union Station complex, including all agreements and leases entered into under subtitle A of this title. Such assignment may reserve to the Secretary the right to lease space for visitor services, to the extent the Secretary and the Secretary of Transportation may agree. For purposes of this title, the "Union Station complex" shall include all the real property, air rights, and improvements leased by the Secretary under subtitle A of this title, together with any property acquired and all improvements made in accordance with this subtitle. "(b) Notwithstanding the provisions of subsection (a) of this section, ^j^e Secretary shall, not later than twelve months after the date of enactment of this subsection, complete the installation of new roofs and associated drainage systems on all existing roof surfaces of the historic Union Station building. Of funds appropriated to the Secretary under the construction appropriation for the National Park System for the fiscal year ending September 30, 1982, not less than $8,100,000 shall be available to and allocated by the Secretary for such roof work. In the event the assignment provided for in subsection (a) of this section occurs prior to completion of such roof work, the Secretary shall continue to be responsible for such roof work until its completion, except as the Secretary and the Secretary of Transportation may otherwise agree. "(c) Prior to the assignment provided for in subsection (a) of this section, the Secretary shall permit the Secretary of Transportation to carry out or cause to be carried out the activities authorized by this subtitle or by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 851 et seg.). "(d) After both the assignment provided for in subsection (a) of this section and the completion of the roof installation required by subsection 0)) of this section, the Secretary shall be relieved of the authority and obligation under subtitle A of this title to construct and operate a National Visitor Center at Union Station. The provisions of subtitle A of this title shall thereafter be deemed superseded by any contrary or inconsistent provisions of subtitle B of this title. "SEC. 112. The Secretary of Transportation shall provide for the rehabilitation and redevelopment of the Union Station complex primarily as a multiple-use transportation terminal serving the Nation's Capital, and secondarily as a commercial complex, in accordance with the following goals: "(a) Preservation of the exterior facade and other historically and architecturally significant features of the Union Station building; "(b) Restoration and operation of a portion of the historic Union Station building as a rail passenger station, together with holding facilities for charter, transit, and intercity buses in the Union Station complex; "(c) Commercial development of the Union Station complex that will, to the extent possible, financially support the continued operation and maintenance of such complex; and "(d) Withdrawal by the Federal Government from any active role in the operation and management of the Union Station complex as soon as practical and at the least possible Federal expense consistent with the goals set forth in subsections (a) through (c) of this section.

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Page:United States Statutes at Large Volume 95.djvu/1695

 PUBLIC LAW 97-125—DEC. 29, 1981

95 STAT. 1669

"SEC. 113. (a) There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to meet lease and other obligations, including maintenance requirements, incurred by the Secretary and assigned to the Secretary of Transportation under this subtitle. The Secretary shall transfer to the Secretary of Transportation at the time of such assignment such sums as may have been appropriated to the Secretary to meet such obligations and not yet expended as of the date of such assignment. "(b) Notwithstanding the provisions of section 102(a)(5) of this title, the Secretary of Transportation is authorized to purchase for the United States any property that was leased by the Secretary under subtitle A of this title and assigned to the Secretary of Transportation under this subtitle. The purchase agreement for such property may provide for payment by the Secretary of Transportation over a term not to exceed six years. There are autnorized to be appropriated to the Secretary of Transportation, in addition to the sums authorized by subsection (a) of this section, not to exceed $275,000 per year for not to exceed six years to carry out such purchase. Such purchase shall not be subject to the provisions of title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.4651etseq.). "SEC. 114. (a) The Secretary of Transportation shall, on an emergency basis, carry out an engineering survey of all existing structures at the Union Station complex for the following purposes: "(1) to determine those actions necessary or desirable to preserve the long-term structural integrity of, and provide functional utility systems for, the historic Union Station building; "(2) in cooperation with Amtrak, to determine those actions necessary or desirable to restore rail passenger handling functions to the historic Union Station building and otherwise improve rail passenger service facilities at Union Station, including improved passenger accesstothe trains; and "(3) to prepare detailed estimates of the costs of such rehabilitation and improvement. "(b) Concurrently with the engineering survey required by subsection (a) of this section, the Secretary of Transportation, in cooperation with the National Railroad Passenger Corporation, shall carry out a plsuining and market feasibility study to assess the commercial development potential of the Union Station complex. Such study shall also include, but not be limited to, an assessment of the feasibility and desirability of: "(1) providing passenger transportation services from Union Station to the commercial airports in the area; "(2) constructing a heliport at or near the Union Station complex; and "(3) relocating to office space in Union Station the offices of Federal or other public transportation agencies. "(c) The Secretary of Transportation shall complete the engineering survey required by this section not later than six months after the date of enactment of this section, and shall complete the planning and market feasibility study required by this section not later than twelve months after the date of enactment of this section. "(d) Of amounts appropriated under section 704(a)(1) and (2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)(1) and (2)), $1,000,000 shall be available to and be utilized by the Secretary of Transportation to carry out the purposes of subsections (a) and (b) of this section.

Appropriation authorization. 40 USC 813.

40 USC 802.

Engineering survey. 40 USC 814.

Study.

Survey completion.

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Page:United States Statutes at Large Volume 95.djvu/1696

 95 STAT. 1670 Report to Congress.

Funding prohibition.

Development agreements. 40 USC 815.

Developer selection.

PUBLIC LAW 97-125—DEC. 29, 1981

"(e) Within twelve months following the date of enactment of this section, the Secretary of Transportation shall submit a report to the Congress on the results of the engineering survey and planning and market feasibility studies carried out under this section. Such report shall be referred to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committees on Energy and Commerce and Public Works and Transportation of the House, respectively. Such report shall include a specific commitment of Federal funds for completion of the rehabilitation of the historic Union Station building, together with any necessary request for appropriations, in the amount determined by the Secretary of Transportation to be necessary in light of the survey and studies carried out under this section, from either or both of the following sources: "(1) funds authorized to be appropriated and not yet appropriated under section 704(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)) that are in excess of the amounts set out in the last sentence of such section 704(a); and "(2) funds programed or reprogramed from any other appropriation available to the Secretary of Transportation. Notwithstanding any other provision of this subsection, no funds from the Northeast Corridor Improvement Project and other rail or rail-related programs in excess of $29,000,000 shall be available for the completion of the rehabilitation of the historic Union Station building or other purposes determined by the Secretary of Transportation to be necessary in light of the survey and studies carried out under this section if within ninety calendar days of continuous session of the Congress after any request for such excess funds either the Committee on Energy and Commerce of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate disapproves of the availability of such excess funds for such purposes by majority vote. For purposes of this subsection, continuity of session of the Congress is broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period described in this subsection. "SEC. 115. (a) In order to achieve the goals set out in section 112 of this subtitle, the Secretary of Transportation is authorized to select and subsequently enter into one or more agreements (hereafter in this Act referred, to as 'development agreements') with one or more responsible individuals, corporations, or other private entities with demonstrated experience in the financing, undertaking, and managing of commercial real estate development (hereafter in this Act referred to as 'developers'). "(b) The Secretary of Transportation shall prescribe the procedures and criteria for selection of a developer for the Union Station complex: Provided, That no final developer selection shall be made unless and until at least two developers meeting minimum criteria prescribed by the Secretary of Transportation have submitted to the Secretary of Transportation specific design and financing proposals for the rehabilitation and redevelopment of the Union Station complex, and specific proposals for the acquisition, conveyance, or lease of real property. The Secretary of Transportation is directed to initiate discussions with potential developers as soon as possible following enactment of this section to assure the earliest possible selection of a developer or developers.

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Page:United States Statutes at Large Volume 95.djvu/1697

 PUBLIC LAW 97-125—DEC. 29, 1981

95 STAT. 1671

"(c) Development agreements entered into under this section shall Development be considered cooperative agreements for purposes of the Federal agreements. Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.). With respect to such development agreements, the Secretary of Transportation is authorized to modify or waive the application of regulations otherwise applicable to Federal or Department of Transportation financial assistance agreements, to the extent the Secretary of Transportation determines in his discretion to be necessary to accomplish the purposes of this subtitle at the lowest cost to the Federal Government. "(d) The Secretary of Transportation is further authorized to enter into such other agreements and contracts, except any agreement or contract to sell property rights at the Union Station complex, with such persons, corporations, financial institutions. Federal, regional, or local agencies, or the Architect of the Capitol as the Secretary of Transportation deems necessary or desirable to carry out the purposes of this subtitle. Any such agreement may be made assignable to a selected developer or developers of the Union Station complex. "SEC. 116. (a)(1) The Secretary of Transportation is authorized to 40 USC 816. acquire for the United States, by lease, purchase, or otherwise, any interest in real property (including, without limitation, interests in the nature of easements or reservations) and any other property interest (including, without limitation, contract rights) in or relating or adjacent to the Union Station complex that the Secretary of Transportation deems necessary to carry out the purposes of this subtitle. "(2) If the Secretary of Transportation determines that property under the jurisdiction of the Architect of the Capitol in squares 721 and 722 eastward of the historic Union Station building is necessary to carry out the purposes of this subtitle, the Secretary of Transportation may request assignment of such property to the use of the Secretary of Transportation, as a part of the Union Station complex, and subject to the provisions of this subtitle, and the Architect of the Capitol shall so assign such property. "(b) Notwithstanding any other provision of law, the Secretary of Transportation is authorized to maintain, use, operate, manage, and lease, either directly, by contract, or through development agreements, any property interest held or acquired by the Secretary of Transportation for the United States under this subtitle, in such manner and subject to such terms, conditions, covenants, and easements as the Secretary of Transportation deems necessary or desirable to carry out the purposes of this subtitle. "SEC. 117. (a) The Secretary of Transportation is authorized to use 40 USC 817. income and proceeds received from activities authorized by this subtitle, including, without limitation, operating and leasing income and payments made to the Federal Government under development agreements, to pay expenses incurred by the Secretary of Transportation in carrying out the purposes of this subtitle, including, without limitation, construction, acquisition, leasing, operation, and maintenance expenses, and payments made to developers under development agreements. "(b) A special deposit account is hereby established in the Treasury Union Station of the United States, to be known as the Union Station Fund, which Fund. shall be administered as a revolving fund. Such special deposit account shall be credited with receipts of the Secretary of Transportation from activities authorized by this subtitle and the balance in such special deposit account shall be available in such amounts as are 89-194 O—82

107:QL3

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Page:United States Statutes at Large Volume 95.djvu/1698

 95 STAT. 1672

PUBLIC LAW 97-125—DEC. 29, 1981

specified in annual appropriation Acts for making expenditures authorized by this subtitle. Parking facility. "SEC. 118. (a) Notwithstanding any other provision of title 23, 40 USC 818. United States Code, and other Acts pertaining to Federal-Aid Highways, the Secretary of Transportation shall immediately approve the completion of the parking facility, and associated ramps (mcluding any necessary pedestrian access and walkways, escalators, elevators, moving sidewalk access, and connections) at Union Station, to be financed with interstate highway funds apportioned to the District of Columbia. To the extent necessary to complete such prolect, such apportionment shall not be subject to any obligation limitation enacted for the fiscal year ending September 30, 1982, or the fiscal year ending September 30, 1983. The amount of such apportionment necessary to complete such project, not to exceed $40,000,000, shall remain available to the District of Columbia until esroended, without regard to the provisions of section 118(b) of title 23, United States Code. The Federal share shall be 100 per centum of the total cost of such project. Parking facility, "(b) Within sixty days of the enactment of this section, the agreement. Secretary of Transportation shall enter into an agreement with the District of Columbia's Department of Transportation for the Secretary of Transportetion's administration of the project described in subsection (a) of this section. Such project agreement shall provide that all right, title, and interest in such parking facility shall remain in the United States. The rate of fees charged for use of the parking facility may exceed the rate required for maintenance and operation of the facility, and shall be established in a manner that encourages its use by rail passengers and participants in activities in the Union Station complex and area. Agreement, "SEC. 119. (a) The Secretary of Transportotion is authorized, on release. such terms and conditions as he may prescribe, to release the 40 USC 819. Washington Terminal Company from any or all of its obligations under agreements and leases entered into under subtitle A of this title, including, without limitetion, the obligation to construct a new 40 USC 802. railroad passenger stetion as provided in section 102(a)(4) of this title. Waiver. "(b) The Secretary of Transportotion shall waive such stotutory or contractual restrictions on the use of the parking structure and Supra. associated ramps described in section 118 of this subtitle as would otherwise be required or imposed because funds for such construction were or are provided under the Urban Mass Transportotion Act of 1964, as amended (49 U.S.C. 1601 et seq.). "(c) The Secretary of Transportotion is authorized to use funds appropriated under section 704(a)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)(2)) to cany out the purposes of this subtitle without r^ard to the matehing mnds requirement of section 703(1)(B) of such Act (45 U.S.C. 853(1)(B)). Funding Funds appropriated under section 704(a) of such Act may not be used prohibition. for design, construction, or operation of a heliport at or near Union Stotion. Agreements. "(d) The Architect of the Capitol ia authorized to entor into agreements with the Secretary of Transportotion or his designee or assign to furnish steam or chilled wator or bothfiromthe Capitol Power Plant to the Union Stotion complex, at no expense to the legislative branch.". Repeals. SEC. 4. (a) The Act approved November 5, 1966 (Public Law 89-759) and section 108 of the National Visitor Center Facilities Act of 1968 (Public Law 90-264) are repealed.

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Page:United States Statutes at Large Volume 95.djvu/1699

 PUBLIC LAW 97-125—DEC. 29, 1981

95 STAT. 1673

(b) Section 102(b) of the National Visitor Center Facilities Act of 1968 (40 U.S.C. 802(b)) is amended by striking the word "title" and inserting in lieu thereof the word "subtitle". SEC. 5. As used in section 502(a)(l)(B) of the Rail Passenger Service ^^mtrak Commuter." Act, the term "Amtrak Commuter" shall mean, with respect to the 45 USC 582 note. period prior to January 1, 1983, "Conrail". Approved December 29, 1981.

LEGISLATIVE HISTORY-S. 1192: SENATE REPORTS: No. 97-70 (Comm. on Commerce, Science, and Transportation) and No. 97-269 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 23, considered and passed Senate. Dec. 16, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1700

 95 STAT. 1674

PUBLIC LAW 97-126—DEC. 29, 1981

Public Law 97-126 97th Congress

An Act Dec. 29, 1981 [H.R. 2494] John Archibald Campbell United States Courthouse. Designation.

To designate the John Archibald Campbell United States Courthouse.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building located at 113 Saint Joseph Street in Mobile, Alabama (commonly known as the Old Federal Building-Federal Courthouse), shall hereafter be known as the John Archibald Campbell United States Courthouse. Any reference in a law, map, relation, document, record, or other paper of the United States to such building shall be held to be a reference to the John Archibald Campbell United States Courthouse. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 2494: HOUSE REPORT No. 97-321 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 16, considered and passed House. Dec. 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1701

 PUBLIC LAW 97-127—DEC. 29, 1981

95 STAT. 1675

Public Law 97-127 97th Congress A n Act To provide for the final settlement of certain claims against Czechoslovakia, and for other purposes.

Dec. 29, 19«1 [S. 1946]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Czechosiovakian

'

SHORT TITLE

Claims Settlement Act of 1981.

1. This Act may be cited as the "Czechosiovakian Claims 22 USC note Settlement Act of 1981". P"^'^ i^^^. SECTION

APPROVAL OP AGREEMENT

SEC. 2. (a) The Congress hereby approves the Agreement between 22 USC note the Government of the United States of America and the Govern- ^^^^- ^^^^ ment of the Czechoslovak Socialist Republic on the Settlement of Certain Outstanding Claims and Financial Issues, initialed at Prague, CzechoslovaMa on November 6, 1981. (b) The President may, without further approval by the Congress, execute such technical revisions of the Agreement approved by subsection (a) of this section as in his judgment may from time to time be required to facilitate the implementation of that Agreement. Nothing in this subsection shall be construed to authorize any revision of that Agreement to reduce any amount to be paid by the Government of the Czechoslovak Socialist Republic to the United States Government under the Agreement, or to defer the payment of any such amount. DEFINITIONS

SEC. 3. For the purposes of this Act— 22 USC note (1) "Agreement" means the Agreement on the Settlement of ^^^- ^^^^ Certain Outstanding Claims and Financial Issues approved by section 2(a) of this Act; (2) "national of the United States" has the meaning given such term by section 401(1) of the International Claims Settlement Act of 1949; 22 USC 1642. (3) "Commission" means the Foreign Claims Settlement Commission of the United States; (4) "Fund" means the Czechosiovakian Claims Fund established by section 402(b) of the International Claims Settlement Act of 1949;

22USei642a.

(5) "Secretary" means the Secretary of the Treasury; and (6) "property" ipeans any property, right, or interest. THE FUND

SEC. 4. (a) The Secretary shall cover into the Fund the amount paid 22 USC note by the Government of the Czechoslovak Socialist Republic in settle- P^®'^ ^^'^^ ment and discharge of claims of nationals of the United States

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Page:United States Statutes at Large Volume 95.djvu/1702

 95 STAT. 1676

22 USC 1642.

22 USC 1642a.

Accounts establishment.

22 USC 1642i.

PUBLIC LAW 97-127—DEC. 29, 1981

pursuant to article 1(1) of the Agreement, and shall deduct from that amount $50,000 for reimbursement to the United States Government IFor expenses incurred by the Department of the Treasury and the Commission in the administration of this Act and title IV of the International Claims Settlement Act of 1949. The amount so deducted shall be covered into the Treasury to the credit of miscellaneous receipts. The deduction required by this subsection shall be made in lieu of the deduction provided in section 402(e) of the International Claims Settlement Act of 1949; however, it is the sense of the Congress that the United States Government is entitled to a larger percentage of the total award (generally presumed to be 5 percent) and that the ex gratia payment hereinafter provided to certain claimants, who were otherwise excluded from sharing in this claims settlement under generally-accepted principles of international law and United States practice, is justified only by the extraordinary circumstemces of this case and does not establish any precedent for future claims negotiations or payments. (b) The Secretary shall establish three accounts in the Fund into which the amount covered into the Fund pursuant to subsection (a) of this section, less the deduction required by that subsection, shall be covered as follows: (1) An account into which $74,550,000 shall be covered, to be available for payment in accordance with section 8 of this Act on account of awards certified pursuant to section 410 of the International Claims Settlement Act of 1949. (2) An account into which $1,500,000 shall be covered, to be available for payment in accordance with section 8 of this Act on account of awards determined pursuant to section 5 of this Act. (3) An account into which the remainder of amounts in the Fund shall be covered, to be available for payment in accordance with section 8 of this Act on account of awards determined pursuant to section 6 of this Act. DETERMINATION OF CERTAIN CLAIMS

22 USC note prec. 1642.

SEC. 5. (a) The Commission shall receive and determine, in accordance with applicable substantive law, including international law, the validity and amount of claims by nationals of the United States against the Government of the Czechoslovak Socialist Republic for losses resulting from the nationalization or other taking of property owned at the time by nationals of the United States, which nationalization or other taking occurred between August 8, 1958, and the date on which the Agreement enters into force. In making the determination with respect to the validity and amount of any such claim and the value of the property taken, the Commission is authorized to accept the fair or proved value of such property as of the time when the property taken was last operated, used, managed, or controlled by the national or nationals of the United States asserting the claim, regardless of whether such time is prior to the actual date of nationalization or other taking by the Government of the Czechoslovak Socialist Republic. (b) The Commission shall certify to the Secretary the amount of any award determined pursuant to subsection (a). DETERMINATION OF OTHER CLAIMS

Nationality requirements. 22 USC note prec. 1642.

SEC. 6. (a)(l) The Congress finds that-

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 PUBLIC LAW 97-127—DEC. 29, 1981

95 STAT. 1677

(A) in the case of certain persons holding claims against the Czechoslovakian Government who became nationals of the United States by February 26, 1948, the date on which the current Communist Government of Czechoslovakia assumed power; and (B) while the Commission had the authority to deny those claims described in subparagraph (A) on the basis that the properties involved had been taken by the Benes Government while the claimants were not yet nationals of the United States, the effect of that denial is to withhold compensation to persons who have been United States citizens for many years and whose expropriated property has benefited the Communist Government of Czechoslovakia no less than properties expropriated more directly and clearly by the Communist Government. (2)(A) It is therefore the purpose of this section, in accordance with the intent of the Congress in enacting title IV of the International Claims Settlement Act of 1949 and in the interests of equity, to make ex gratia payments to the claimants described in paragraph (1) of this subsection. (B) The Congress reaffirms the principle and practice of the United States to seek compensation from foreign governments on behalf only of persons who were nationals of the United States at the time they sustained losses by the nationalization or other taking of their property by those foreign governments. In making payments under this section, the Congress does not establish any precedent for future claims payments. (b) The Commission shall reopen and redetermine the validity and amount of any claim against the Government of Czechoslovakia which was filed with the Commission in accordance with the provisions of title IV of the International Claims Settlement Act of 1949, which was based on property found by the Commission to have been nationalized or taken by the Government of Czechoslovakia on or after January 1, 1945, and before February 26, 1948, and which was denied by the Commission because such property was not owned by a person who was a national of the United States on the date of such nationalization or taking. The provisions of section 405 of the International Cl£tims Settlement Act of 1949 requiring that the property upon which a claim is based must have been owned by a national of the United States on the date of nationalization or other taking by the Government of Czechoslovakia shall be deemed to be met if such property was owned on such date by a person who became a national of the United States on or before February 26, 1948. The Commission shall certify to the Secretary the amount of any award determined pursuant to this subsection.

22 USC 1642.

22 USC 1642d.

PROCEDURES

SEC. 7. (a) The provisions of sections 401,403, 405, 406, 407,408,409, 414, 415, and 416 of the International Claims Settlement Act of 1949, to the extent that such provisions are not inconsistent with this Act, together with such regulations as the Commission may prescribe, shall apply with respect to any claim determined pursuant to section 5(a) of this Act or redetermined pursuant to section 6(b) of this Act. (b) Not later than sixty days after the date of the enactment of this Act, the Commission shall establish and publish in the Federal Register a period of time within which claims described in section 5 of the Act must be filed with the Commission, and the date for the completion of the Commission's affairs in connection with the deter-

22 USC note prec. 1642. 22 USC 1642, 1642b, 1642d, 1642e-1642h, 1642m-1642o. Publication in Federal Register.

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Page:United States Statutes at Large Volume 95.djvu/1704

 95 STAT. 1678

PUBLIC LAW 97-127—DEC. 29, 1981

mination of those such claims and claims described in section 6 of this Act. Such filing period shall be not more than one year after the date of such publication in the Federal Register, and such completion date shall be not more than two years after the final date for the filing of claims under section 5, No person holding a claim to which section 6 of this Act applies shall be required to refile that claim before the Commission makes the redetermination required by that section. PAYMENT OF AWARDS

22 USC note prec. 1642. 22 USC 16421.

Publication in R^tfJt^r Register.

SEC. 8. (a) As soon as practicable after the date of the enactment of ^j^jg ^^.j-^ ^j^g Secretary shall make payments from amounts in the account established pursuant to section 4(b)(1) of this Act on the unpaid balance of each award certified by the Commission pursuant to Section 410 of the International Claims Settlement Act of 1949. (b) As soon as practicable after the Commission has completed the certification of awards pursuant to section 5(b) of this Act, the Secretary shall make payments on account of each such award from the amounts in the account established pursuant to section 4(b)(2) of this Act. (c) As soon as practicable after the Commission has completed the certification of awards pursuant to section 6(b) of this Act, the Secretary shall make payments on account of each such award from the amounts in the account established pursuant to section 4(b)(3) of this Act. (d) In the event that— (1) the amounts in the account established pursuant to section 4(b)(2) of this Act exceed the aggregate total of all awards certified by the Commission pursuant to section 5(b) of this Act, or (2) the amounts in the account established pursuant to section 4(b)(3) of this Act exceed the aggregate total of all awards certified by the Commission pursuant to section 6(b) of this Act, the Secretary shall cover such excess amounts into the account established pursuant to section 4(b)(1) of this Act. The Secretary shall make payments pursuant to subsection (a) of this section, from such excess amounts, on the unpaid balance of awards certified by the Commission pursuant to section 410 of the International Claims Settlement Act of 1949. (e) Payments under this section shall be made on the unpaid balance of each award which bear to such unpaid balance the same proportion as the total amount in the account in the Fund from which the payments are made bears to the aggregate unpaid balance of all awards payable from that account. Payments under this section, and applications for such payments, shall be made in accordance with such regulations as the Secretary may prescribe. (f) In the event that— (^^ *h® Secretary is unable, within three years after the date of the establishment of the account prescribed by section 4(b)(1) of this Act, to locate any person entitled to receive payment under this section on account of an award certified by the Commission pursuant to section 410 of the International Claims Settlement Act of 1949 or to locate any lawful heirs, successors, or legal representatives of that person, or if no valid application for payment is made by or on behalf of that person within six months after the Secretary has located that person or that person's heirs, successors, or legal representatives; or

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95 STAT. 1679

(2) within six months after the Commission has completed the certification of awards pursuant to sections 5(b) and 6(b) of this Act, no vaHd application for payment is made by or on behalf of any person entitled to receive payment under this section on account of an award certified by the Commission pursuant to either such section, the Secretary shall give notice by publication in the Federal Register and in such other publications as the Secretary may determine that, unless valid application for payment is made within sixty days after the date of such publication, that person's award under title IV of the International Claims Settlement Act of 1949 or this Act, as the case 22 USC 1642. may be, and that person's right to receive payment on account of such award, shall lapse. Upon the expiration of such sixty-day period that person's award and right to receive payment shall lapse, and the amounts payable to that person shall be paid pro rata by the Secretary on account of all other awards under title IV of the International Claims Settlement Act of 1949 or this Act, as the case may be. INVESTMENT OF FUNDS

SEC. 9. The Secretary shall invest and hold in separate accounts the 22 USC note amounts held respectively in the accounts established by section 4 of ^^^^- ^^"^^ this Act. Such investment shall be in public debt securities with maturities suitable for the needs of the separate accounts and bearing interest at rates determined by the Secretary, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities. The interest earned on the amounts in each account established by section 4 of this Act shall be used to make payments, in accordance with section 8(e) of this Act, on awards payable from that account. IMPLEMENTATION OF AGREEMENT

SEC. 10. (a) If, within sixty days after the date of the enactment of 22 USC note this Act—

prec. 1642.

(1) the Government of the Czechoslovak Socialist Republic does not make the payments to the United States Government described in article 6(2) of the Agreement, or (2) the Czechoslovak Government does not receive the gold provided in article 6(1) of the Agreement, the provisions of this Act shall cease to be effective, and the provisions of the Agreement may not be implemented unless the Congress approves the Agreement after the end of that sixty-day period. (b) The sixty-day period for implementation of the Agreement implementation required by subsection (a) shall be extended by an additional period of P^""'^';, thirty calendar days if, before the expiration of that sixty-day period, extension. the Secretary of State certifies in writing that such extension is consistent with the purposes of this Act and reports that certification to the Speaker of the House of Representatives and to the Chairman of the Committee on Foreign Relations of the Senate, together with a detailed statement of the reasons for the extension. If at the end of that additional thirty-day period the events set forth in paragraphs (1) and (2) of subsection (a) have not occurred, the provisions of this Act shall cease to be effective and the provisions of the Agreement may not be implemented unless the Congress approves the Agreement after the end of that thirty-day period or unless the Congress, before the expiration of that thirty-day period, authorizes by joint resolution a further extension of time for implementation of the

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Page:United States Statutes at Large Volume 95.djvu/1706

 95 STAT. 1680

90 Stat. 765.

PUBLIC LAW 97-127—DEC. 29, 1981

Agreement. Such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, and in the House of Representatives a motion to proceed to the consideration of such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged. SOCIAL SECURITY AGREEMENT

Reciprocal payments, review. 22 USC note prec. 1642.

Report to Congress.

SEC. 11. The Secretary of State shall conduct a detailed review of the exchange of letters between the United States and Czechoslovakia providing for reciprocal social security payments to residents of the two countries. Such review should include an examination of the extent to which Czechoslovakia is complying with the spirit and provisions of the letters, a comparison of the benefits being realized by residents of Czechoslovakia and of the United States under the letters, and an evaluation of the basis of differences in such benefits. The Secretary of State, in consultation with the Department of Health and Human Services, shall report to the Congress, not later than six months after the date of the enactment of this Act, the results of such review, together with any recommendations for legislation or changes in the agreement made by the letters that may be necessary to achieve greater comparability and equity of benefits for the residents of the two countries. Such report should include specific assessments of the feasibility, likely effects, and advisability of terminating United States social security payments to residents of Czechoslovakia in response to inequities and incomparabilities of benefits payments under the exchange of letters. Approved December 29, 1981.

LEGISLATIVE HISTORY—S. 1946 (H.R. 5125) (S. 754): HOUSE REPORT No. 97-385 accompanying H.R. 5125 (Comm. on Foreign Affairs). SENATE REPORTS: No. 97-189 (Comm. on Finance) and No. 97-211 (Comm. on Foreign Relations) both accompanying S. 754. CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 11, considered and passed Senate. Dec. 15, H.R. 5125 considered and passed House; passage vacated and S. 1946, amended, passed in lieu. Dec. 16, Senate concurred in House amendment with an amendment; House concurred in Senate amendment.

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 PUBLIC LAW 97-128—DEC. 29, 1981

95 STAT. 1681

Public Law 97-128 97th Congress

An Act To deauthorize several projects within the jurisdiction of the Army Corps of Engineers.

Dec. 29, 1981 [S. 1493]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 204Army Corps of of the Flood Control Act of 1965 (Public Law 89-298) is amended as Engineers projects, follows: "The Dickey-Lincoln School Lakes project, Saint John River, deauthorization. Maine, is hereby modified to deauthorize that component of the 79 Stat. 1074. project known and referred to as the Dickey Dam and its associated transmission facilities.". (b) No Federal agency or department shall consider any license application relating to hydropower projects above the site of the Lincoln School Dam on the Saint John River and its tributaries, Maine, for a period of two years after the enactment of this Act. SEC. 2. (a) llie authorization for the Meramec Park Lake (herein- Authorization, after in this section referred to as the "project") contained in that termination. portion of the general comprehensive plan forfloodcontrol and other purposes in the Upper Mississippi River Basin, which plan was authorized by section 4 of the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes", approved June 28, 1938 (52 Stat. 1218), as modified by section 203 of the Flood Control Act of 1966 80 Stat. 1419. (Public Law 89-789), is hereby terminated. (b) The Secretary of the Army, acting through the Chief of Engineers (hereinafter in this section referred to as the "Secretary"), shall immediately undertake interim management and maintenance of works, structures, and interests in lands related to the project pending the implementation of the subsequent provisions of this section. (c) The Secretary shall dispose of works, structures, and interests in Project disposal. lands related to the project as follows: (1) To the State of Missouri, all right, title, and interest in and to not less than three thousand three hundred and eighty-two acres nor more than five thousand one hundred and twenty-two acres, as determined by the Governor of the State of Missouri. (2) A perpetual easement sufficient to safeguard for the river user the natural, cultural, and visual resources of the Meramec River and Huzzah and Courtois Creeks shall be conveyed to the State of Missouri. The Secretary is hereby directed to establish such easements in conjunction with the State of Missouri. Said easements shall be not less than one hundred feet nor more than one-quarter mile as measured from the normal highwater mark of said river and creeks, taking into consideration the varying terrain of such lands and the best public interest. Said easement shall be available for the development of the Ozark Trail, which will be constructed and maintained by the State of Missouri. The Secretary shall submit to the State of Missouri before January 6, Land 1982, an offer to convey the lands authorized by this section. If the conveyance.

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 95 STAT. 1682

Land conveyance, disapproval.

Surviving spouse.

42 USC 4601 et seq.

Appropriation authorization.

PUBLIC LAW 97-128—DEC. 29, 1981

State, by statute, disapproves such conveyance on or before April 30, 1982, the Secretary shall immediately offer all the works, structures, and interests in lands for sale to the previous owners in accordance with paragraph (2) of subsection (d) of this section. If the State fails to disapprove such conveyance on or after April 30, 1982, solely because of a veto by the Governor, the offer to convey by the Secretary shall remain valid until such time as the veto is sustained or overridden in accordance with State law. (d)(1) Within ninety days of the date a conveyance is made to the State of Missouri in accordance with subsection (c) of this section, the Secretary shall offer the remainder of the works, structures, and interests in lands related to the project for sale to the previous owners at the current appraised value. Such previous owners shall have a period of one year in which to enter into a contract for the repurchase of such properties, after which any remaining works, structures, and interests in lands shall be sold at a public auction, or a series of public auctions, to be conducted following reasonable public notice and advertising of the time and place of such auction or auctions, until such time as all remaining works, structures, and interests in lands have been disposed of. (2) If the State of Missouri disapproves such conveyance in accordance with subsection (c) of this section, the Secretary shall offer all the works, structures, and interests in lands related to the project for sale to the previous owners at the current appraised value. Such previous owners shall have a period of one year in which to enter into a contract for the repurchase of such properties, after which any remaining works, structures, and interests in lands shall be sold at a public auction, or a series of public auctions, to be conducted following reasonable public notice and advertising of the time and place of such auction or auctions, until such time as all remaining works, structures, and interests in lands have been disposed of. (3) For purposes of this subsection, in any case in which the previous owner of any interest in land is dead, the surviving spouse or, if there is no surviving spouse, the heirs at law of such previous owner shall be deemed to be the previous owner of such interest. (e) The Secretary is authorized either to comply with or to enter into a mutual agreement to cancel any executory contract the United States has entered for the purchase of lands for the project at the request of any landowner who is a party to such a contract, within six months after the date of enactment of this Act. (f) Nothing in this section shall terminate the authority or responsibility of the United States to satisfy, pursuant to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (49 U.S.C. 4601 et seq.) and any other applicable provision of law, all relocation assistance, and other obligations arising out of the acquisition, prior to the date of enactment of this Act, of any interest in real estate for the project. (g) Funds authorized prior to enactment of this Act for the project specified in this section may be utilized by the Secretary, as necessary, to carry out the provisions of this section to deauthorize the project. (h) The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to undertake such structural and nonstructural measures as he determines to be economically and engineeringly feasible to prevent flood damage to communities along the route of the Meramec River in Saint Louis and Jefferson Counties, Missouri. Such structural measures shall not include the construction of any dams or reservoirs. There is authorized to be

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95 STAT. 1683

appropriated for those fiscal years which begin on or after October 1, 1982, not to exceed $20,000,000 to carry out the provisions of this subsection. (i) The Secretary of the Army, acting through the Chief of Engineers, and in consultation with the Governor shall conduct a cooperative water supply study with the State of Missouri for the Meramec River Basin, Missouri, with particular emphasis on Saint Louis and Jefferson Counties, Missouri. In preparing such study, the Secretary of the Army, acting through the Chief of Engineers, and the State of Missouri shall coordinate with appropriate units of local government and shall consult with other individuals and organizations having a direct interest in water supply problems in such river basin. The report required by this section shall be submitted to Congress not later than January 1, 1983. The views of the Governor shall accompany the report of the Secretary of the Army. SEC. 3. The authorizations for the projects described in this section, at the locations described, are terminated upon the date of enactment of this Act: (a) ILUNOIS: HELM RESERVOIR.—The project for Helm Reservoir, Skillet Fork of the Wabash River, Illinois, authorized by section 203 of the Flood Control Act of 1968 (Public Law 90-483), as part of the Wabash River Basin comprehensive plan. (b) ILLINOIS: LINCOLN DAM.—The project for Lincoln Dam and Reservoir, Wabash River, Illinois and Indiana, authorized by section 204 of the Flood Control Act of 1965 (Public Law 89-298). (c) INDIANA: BIG BLUE DAM.—The project for Big Blue Dam, Big Blue River, Indiana, authorized by section 203 of the Flood Control Act of 1968 (Public Law 90-483). (d) ILLINOIS: ILUNOIS RIVER DUPLICATE LOCKS.—The project for the Illinois Waterway, Illinois and Indiana, authorized by section 101 of the River and Harbor Act of 1962 (Public Law 87-874). (e) VIRGINIA: NANSEMOND RIVER.—The portion of the project for the Nansemond River, Virginia, from the United States Highway 640 Bridge at Suffolk, Virginia, to the upstream project limits at river mile 18.66, a distance of approximately two thousand five hundred feet, authorized by the first section of the Act entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and other purposes", approved August 11, 1888 (25 Stat. 410), and modified by the first section of the Act entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes", approved July 3, 1930 (46 Stat. 922). (f) INDIANA: CLIFTY CREEK DAM.—The project for the Clifty Creek Dam, Clifty Creek, Indiana, authorized by section 204 of the Flood Control Act of 1965 (Public Law 89-298).

Report to Congress.

Authorizations, termination.

82 Stat. 739.

79 Stat. 1074.

76 Stat. 1173.

(g) DELAWARE-MARYLAND-VIRGINIA: INTRACOASTAL WATERWAY.—

The project for the Delaware Bay, Delaware, to Cape Charles, Chesapeake Bay, Virginia, Intracoastal Waterway, authorized under the terms of section 201 of the Flood Control Act of 1965 (Public Law 89-298). (h) MARYLAND: SIXES BRIDGE.—The project for Sixes Bridge Dam and Lake, Maryland, authorized by section 85 of the Water Resources Development Act of 1974 (Public Law 93-251). SEC, 4. (a) The consent of Congress is hereby given to the City of Boston to construct, maintain, and operate a fixed-span bridge in and over the water of the Fort Point Channel, Boston, Massachusetts, Iying between the northeasterly side of the existing Summer Street

42 USC 1962d-5.

42 USC 1962d-7 note. Boston, Mass., bridge construction.

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