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 PUBLIC LAW 97-221—JULY 23, 1982 to work credit hours, or to request or not to request compensatory time off in lieu of payment for overtime hours; or (2) such employee's right under section 6127(b)(1) of this title to vote whether or not to be included within a compressed schedule program or such employee's right to request an agency determination under section 6127(b)(2) of this title. "(b) For the purpose of subsection (a), the term 'intimidate, threaten, or coerce' includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). "§ 6133. Regulations; technical assistance; program review "(a) The Office of Personnel Management shall prescribe regulations necessary for the administration of the programs established under this subchapter. "(b)(1) The Office shall provide educational material, and technical aids and assistance, for use by an agency in connection with establishing and maintaining programs under this subchapter. "(2) In order to provide the most effective materials, aids, and assistance under paragraph (1), the Office shall conduct periodic reviews of programs established by agencies under this subchapter particularly insofar as such programs may affect— "(A) the efficiency of Government operations; "(B) mass transit facilities and traffic; "(C) levels of energy consumption; "(D) service to the public; "(E) increased opportunities for full-time and part-time employment; and "(F) employees' job satisfaction and nonworklife. "(c) With respect to employees in the Library of Congress, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Librarian of Congress.". (b) The table of sections at the beginning of such chapter is amended— (1) by inserting before the item relating to section 6101 the following: "SUBCHAPTER I—GENERAL PROVISIONS";

and (2) by adding at the end thereof the following: "SUBCHAPTER II—FLEXIBLE AND COMPRESSED WORK SCHEDULES "Sec. "6120. Purpose. "612L Definitions. "6122. Flexible schedules; agencies authorized to use. "6123. Flexible schedules; computation of premium pay. "6124. Flexible schedules; holidays. "6125. Flexible schedules; time-recording devices. "6126. Flexible schedules; credit hours; accumulation and compensation. "6127. Compressed schedules; agencies authorized to use. "6128. Compressed schedules; computation of premium pay. "6129. Administration of leave and retirement provisions. "6130. Application of programs in the case of collective bargaining agreements. "6131. Criteria and review. "6132. Prohibition of coercion. "6133. Regulations; technical assistance; program review.".

SEC. 3. Section 3401(2) of title 5, United States Code, is amended by inserting "(or 32 to 64 hours during a biweekly pay period in the

96 STAT. 233

"Intimidate, threaten, or coerce."

Library of Congress employees.

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5 USC 6101 note.

Termination.

Effective date. 5 USC 6101 note. Recording clocks. 5 USC 6106. Effective date. 5 USC 6106 note.

PUBLIC LAW 97-221—JULY 23, 1982 case of a flexible or compressed work schedule under subchapter 11 of chapter 61 of this titler after "week". SEC. 4. (a) Except as provided in subsection (b), each flexible or compressed work schedule established by any agency under the Federal Employees Flexible and Compressed Work Schedules Act of 1978 (5 U.S.C. 6101 note) in existence on the date of enactment of this Act shall be continued by the ^ency concerned. (b)(1) During the 90-day period after the date of the enactment of this Act, any flexible or compressed work schedule referred to in subsection (a) may be reviewed by the agency concerned. If, in reviewing the schedule, the agency determines in writing that— (A) the schedule has reduced the productivity of the agency or the level of services to the public, or has increased the cost of the agency operations, and (B) termination of the schedule will not result in an increase in the cost of the agency operations (other than a reasonable administrative cost relating to the process of terminating a schedule), the agency shall, notwithstanding any provision of a negotiated agreement, immediately terminate such schedule and such termination shall not be subject to negotiation or to administrative review (except as the President may provide) or to judicial review. (2) If a schedule established pursuant to a negotiated agreement is terminated under paragraph (1), either the agency or the exclusive representative concerned may, by written notice to the other party within 90 days after the date of such termination, initiate collective bargaining pertaining to the establishment of another flexible or compressed work schedule under subchapter II of chapter 61 of title 5, United States Code, which would be effective for the unexpired portion of the term of the negotiated agreement. SEC. 5, The amendments made by this Act shall not be in effect after three years after the date of the enactment of this Act. SEC. 6. (a) Section 6106 of title 5, United States Code, is amended by striking out the period and inserting in lieu thereof a comma and "except that the Bureau of Engraving and Printing may use such recording clocks.". (b) The amendment made by this section shall take effect October 1, 1982. Section 5 of this Act shall not apply to the amendment made by this section. Approved July 23, 1982.

LEGISLATIVE HISTORY—S. 2240 (H.R. 5366): HOUSE REPORT NO. 97-433 accompanying H.R. 5366 (Comm. on Post Office and Civil Service). SENATE REPORT No. 97-365 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): June 30, considered and passed Senate. July 12, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 29 (1982): July 23, Presidential statement.

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 PUBLIC LAW 97-222—JULY 27, 1982

96 STAT. 235

Public Law 97-222 97th Congress An Act To amend title 11, United States Code, to correct technical errors, and to clarify and make substantive changes, with respect to securities and commodities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 101 of title 11, United States Code, is amended— (1) by redesignating paragraphs (35), (36), (37), (38), (39), and (40) as paragraphs (36), (37), (38), (39), (40), and (41), respectively, and (2) by inserting after paragraph (34) the following new paragraph: "(35) 'securities clearing agency' means person that is registered as a clearing agency under section 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78q-l) or whose business is confined to the performance of functions of a clearing agency with respect to exempted securities, as defined in section 3(a)(12) of such Act (15 U.S.C. 78c(12)) for the purposes of such section 17A'". (b) Section 101(36)(A)(xii) of title 11, United States Code, as so redesignated, is amended by striking out "is the subject of a registration statement" and inserting in lieu thereof "is required to be the subject of a registration statement". (c) Section 101(36)(B)(iii) of title 11, United States Code, as so redesignated, is amended by striking out "commodity" the second place it appears. (d) Section 101(40) of title 11, United States Code, as so redesignated, is amended to read as follows: "(40) 'stockbroker' means person— "(A) with respect to which there is a customer, as defined in section 741(2) of this title; and "(B) that is engaged in the business of effecting transactions in securities— "(i) for the account of others; or "(ii) with members of the general public, from or for such person's own account;". SEC. 2. Section 103(d) of title 11, United States Code, is amended by striking out "except with respect to section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant". SEC. 3. (a) Section 362(a) of title 11, United States Code, is amended by inserting ", or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(a)(3))," after "title" the first place it appears. (b) Section 362(b) of title 11, United States Code, is amended by adding ", or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(a)(3))," after "title" the first place it appears.

July 27, 1982 [H.R. 4935] Bankruptcy, amendment.

"Securities clearing agency."

"Stockbroker." 11 USC 741.

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PUBLIC LAW 97-222—JULY 27, 1982

(c) Section 362(b)(6) of title 11, United States Code, is amended to read as follows: "(6) under subsection (a) of this section, of the setoff by a commodity broker, forward contract merchant, stockbroker, or securities clearing agency of any mutual debt and claim under or in connection with commodity contracts, as defined in section 11 USC 761. 761(4) of this title, forward contracts, or securities contracts, as Post, p. 237. defined in section 741(7) of this title, that constitutes the setoff of a claim against the debtor for a margin payment, as defined Post, p. 237. in section 741(5) or 761(15) of this title, or settlement payment, ]p Y^^ 237 ^^ defined in section 741(8) of this title, arising out of commodity ' P' contracts, forward contracts, or securities contracts against cash, securities, or other property held by such commodity broker, forward contract merchant, stockbroker, or securities clearing agency to margin, guarantee, or secure commodity contracts, forward contracts, or securities contracts;". SEC. 4. Section 546 of title 11, United States Code, is amended by adding at the end thereof the following new subsection: "(d) Notwithstanding sections 544, 545, 547, 548(a)(2), and 548(b) of 11 USC 544, 545, this title, the trustee may not avoid a transfer that is a margin 547, 548. payment, as defined in section 741(5) or 761(15) of this title, or settlement payment, as defined in section 741(8) of this title, made by or to a commodity broker, forward contract merchant, stockbroker, or securities clearing agency, that is made before the commencement of the case, except under section 548(a)(1) of this title.". SEC. 5. Section 548(d)(2)(B) of title 11, United States Code, is amended— (1) by striking out "or forward contract merchant" and inserting in lieu thereof", forward contract merchant, stockbroker, or securities clearing agency", (2) by inserting "741(5) or" after "section", (3) by inserting ", or settlement payment, as defined in section 741(8) of this title" after "of this title", and (4) by striking out "value." and inserting in lieu thereof "value to the extent of such payment.". SEC. 6. (a) Chapter 5 of title 11, United States Code, is amended by adding at the end thereof the following new sections: 11 USC 555.

11 USC 365.

"Contractual right." 11 USC 556.

11 USC 761.

"§ 555. Contractual right to liquidate a securities contract "The exercise of a contractual right of a stockbroker or securities clearing agency to cause the liquidation of a securities contract, as defined in section 741(7), because of a condition of the kind specified in section 365(e)(1) of this title shall not be stayed, avoided, or otherwise limited by operation of any provision of this title or by order of a court or administrative agency in any proceeding under this title unless such order is authorized under the provisions of the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.) or any statute administered by the Securities and Exchange Commission. As used in this section, the term 'contractual right includes a right set forth in a rule or bylaw of a national securities exchange, a national securities association, or a securities clearing agency. "§ 556. Contractual right to liquidate a commodities contract or forward contract "The contractual right of a commodity broker or forward contract merchant to cause the liquidation of a commodity contract, as defined in section 761(4), or forward contract because of a condition

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 PUBLIC LAW 97-222—JULY 27, 1982 of the kind specified in section 365(e)(1) of this title, and the right to a variation or maintenance margin payment received from a trustee with respect to open commodity contracts or forward contracts, shall not be stayed, avoided, or otherwise limited by operation of any provision of this title or by the order of a court in any proceeding under this title. As used in this section, the term 'contractual right' includes a right set forth in a rule or bylaw of a clearing organization or contract market or in a resolution of the governing board thereof.". (b) The analysis of sections for chapter 5 of title 11, United States Code, is amended by adding at the end thereof the following new items:

96 STAT. 237 11 USC 365.

"Contractual right."

"555. Contractual right to liquidate a securities contract. "556. Contractual right to liquidate a commodity contract or forward contract.".

SEC. 7. Section 702(a)(1) of title 11, United States Code, is amended by striking out "or 726(a)(4)" and inserting in lieu thereof "726(a)(4), 752(a), 766(h), or 766(i)". SEC. 8. Section 741 of title 11, United States Code, is amended— (1) in paragraph (4)— (A) by striking out "at any time", and (B) in subparagraph (A)(ii) by inserting "of a customer" after "claim", (2) by redesignating paragraphs (5) and (6) as paragraphs (6) and (9), respectively, (3) by inserting after paragraph (4) the following new paragraph: "(5) 'margin payment' means payment or deposit of cash, a security, or other property, that is commonly known to the securities trade as original margin, initial margin, maintenance margin, or variation margin, or as a mark-to-market payment, or that secures an obligation of a participant in a securities clearing agency;", (4) in paragraph (6), as so redesignated— (A) by striking out "the aggregate of all of a customer's accounts that such customer holds" and inserting in lieu thereof "all accounts of a customer that such customer has", (B) in subparagraph (A)(ii) by inserting "in such capacity" after "customer", and (C) in subparagraph (B) by inserting "in such capacity" before the semicolon, (5) by inserting after paragraph (6), as so redesignated, the following new paragraphs: "(7) 'securities contract' means contract for the purchase, sale, or loan of a security, including an option for the purchase or sale of a security, or the guarantee of any settlement of cash or securities by or to a securities clearing agency; "(8) 'settlement payment' means a preliminary settlement payment, a partial settlement payment, an interim settlement payment, a settlement payment on account, or any other similar payment commonly used in the securities trade; and", and (6) in paragraph (9), as so redesignated, by striking out "Security" and inserting "Securities" in lieu thereof. SEC. 9. Section 742 of title 11, United States Code, is amended by striking out "chapter" and inserting in lieu thereof "title".

"Margin payment."

Definitions.

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PUBLIC LAW 97-222—JULY 27, 1982

SEC. 10. Section 744 of title 11, United States Code, is amended by inserting "but" after "relief,". SEC. 11. Section 745(c) of title 11, United States Code, is amended by striking out "A" and inserting in lieu thereof "Each". SEC. 12. (a) Section 746(a) of title 11, United States Code, is amended— (1) by striking out "effects, with respect to cash or a security," and inserting in lieu thereof "enters into", (2) by striking out "with respect to such cash or security" each place it appears, (3) by striking out "such date" and inserting in lieu thereof "the date of the filing of the petition", and (4) by striking out "effected" and inserting in lieu thereof "entered into". (b) Section 746(b) of title 11, United States Code, is amended— (1) by striking out "has a claim for" and inserting in lieu thereof "transferred to the debtor", and (2) in paragraph (2) by striking out "is". (c) The heading for section 746 of title 11, United States Code, is amended by striking out "claim" and inserting in lieu thereof "claims". SEC. 13. Section 747 of title 11, United States Code, is amended by striking out "such claim arose" and inserting in lieu thereof "the transaction giving rise to such claim occurred". SEC. 14. Section 749 of title 11, United States Code, is amended— (1) by striking out "Any" and inserting in lieu thereof "(a) Except as otherwise provided in this section, any", (2) by striking out "except" and inserting in lieu thereof "but", (3) by inserting "such property" after "trustee, and", (4) by striking out "549, or 724(a)" and inserting in lieu thereof "or 549", and (5) by adding at the end thereof the following new subsection: "(b) Notwithstanding sections 544, 545, 547, 548, and 549 of this 11 USC 544, 545, title, the trustee may not avoid a transfer made before five days 547-549. after the order for relief if such transfer is approved by the Commission by rule or order, either before or after such transfer, and if such transfer is— "(1) a transfer of a securities contract entered into or carried by or through the debtor on behalf of a customer, and of any cash, security, or other property margining or securing such securities contract; or "(2) the liquidation of a securities contract entered into or carried by or through the debtor on behalf of a customer.". SEC. 15. Section 752(c) of title 11, United States Code, is amended to read as follows: Cash or security, "(c) Any cash or security remaining after the liquidation of a apportionment, security interest created under a security agreement made by the debtor, excluding property excluded under section 741(4)(B) of this 11 USC 741. title, shall be apportioned between the general estate and customer property in the same proportion as the general estate of the debtor and customer property were subject to such security interest.". SEC. 16. Section 761 of title 11, United States Code, is amended— (1) in paragraph (2) by inserting "made" after "commodity contracts", (2) in paragraph (4)—

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 PUBLIC LAW 97-222—JULY 27, 1982 (A) by striking out "if the debtor is" each place it appears and inserting in lieu thereof "with respect to", and (B) in subparagraph (D) by striking out "cleared by the deljtor" and inserting in lieu thereof "cleared by such clearing organization, or commodity option traded on, or subject to the rules of, a contract market or board of trade that is cleared by such clearing organization", (3) in paragraph (9)— (A) by striking out "if the debtor is" each place it appears and inserting in lieu thereof "with respect to", (B) in subparagraph (A)— (i) by striking out "the debtor" each place it appears and inserting in lieu thereof "such futures commission merchant", and (ii) by striking out "the debtor's" and inserting in lieu thereof "such futures commission merchant's", (C) in subparagraph (B)— (i) by striking out "the debtor" each place it appears and inserting in lieu thereof "such foreign futures commission merchant", and (ii) by striking out "the debtor's" and inserting in lieu thereof "such foreign futures commission merchant's", (D) in subparagraph (C)— (i) by striking out "the debtor" each place it appears and inserting in lieu thereof "such leverage transaction merchant", (ii) by striking out "the debtor's" and inserting in lieu thereof "such leverage transaction merchant's", (iii) in clause (i) by inserting "or" after the semicolon, and (iv) in clause (ii) by striking out "hold" and inserting in lieu thereof "holds", (E) in subparagraph (D) by striking out "the debtor" each place it appears and inserting in lieu thereof "such clearing organization", and (F) in subparagraph (E)— (i) by striking out "the debtor" each place it appears and inserting in lieu thereof "such commodity options dealer", and (ii) by striking out "the debtor's" and inserting in lieu thereof "such commodity options dealer's", (4) in paragraph (10) by striking out "at any time", (5) in paragraph (12)— (A) by inserting a comma after "property", and (B) by striking out the comma after "credit", (6) in paragraph (13) by striking out "217 of the Commodity Futures Trading Commission Act of 1974 (7 U.S.C. 15a)" and inserting in lieu thereof "19 of the Commodity Exchange Act (7 U.S.C 23)", (7) in paragraph (14) by striking out "that is engaged", (8) in paragraph (15) by striking out "a daily variation settlement payment" and inserting in lieu thereof "mark-to-market payments, settlement payments, variation payments, daily settlement payments, and final settlement payments made as adjustments to settlement prices", (9) in paragraph (16) by striking out "at any time", and

96 STAT. 239

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 96 STAT. 240

PUBLIC LAW 97-222—JULY 27, 1982 (10) in paragraph (17)— (A) by striking out "holds" and inserting in lieu thereof "has", and (B) in subparagraph (A)— (i) by inserting "the" after "(A)", and (ii) in clause (ii) by inserting "in such capacity" after "customer". SEC. 17. (a) Section 764(a) of title 11, United States Code, is amended— (1) by striking out "except" and inserting in lieu thereof "but", (2) by inserting "such property" after "trustee, and", and (3) by striking out "is" each place it appears and inserting in lieu thereof "shall be". (b) Section 764(b) of title 11, United States Code, is amended by striking out "date of the filing of the petition" and inserting in lieu thereof "order for relief. (c) Section 764(c) of title 11, United States Code, is repealed. SEC. 18. Section 765(b) of title 11, United States Code, is amended by striking out "commitment" and inserting in lieu thereof "commodity contract". SEC. 19. (a) Section 766(a) of title 11, United States Code, is amended by inserting "to such customer" after "distribution". (b) Section 766(b) of title 11, United States Code, is amended— (1) by striking out "that is being actively traded as of the date of the filing of the petition", and (2) by inserting "the" after "rules o f. (c) Section 766(d) of title 11, United States Code, is amended— (1) by striking out "such amount, then the" and inserting in lieu thereof "the amount to which the customer of the debtor is entitled under subsection (h) or (i) of this section, then such", and (2) by inserting "then" after "trustee" the second place it appears. (d) Section 766(h) of title 11, United States Code, is amended by adding at the end thereof the following: "Notwithstanding any other provision of this subsection, a customer net equity claim based on a proprietary account, as defined by Commission rule, regulation, or order, may not be paid either in whole or in part, directly or indirectly, out of customer property unless all other customer net equity claims have been paid in full.".

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 PUBLIC LAW 97-222—JULY 27, 1982 SEC. 20. (a) Section 19 of the Commodity Exchange Act (7 U.S.C. 24), as added by section 302 of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2673), is redesignated as section 20. (b) Section 20(a)(3), as so redesignated, of the Commodity Exchange Act (7 U.S.C. 24) is amended by inserting before the semicolon the following: *\ including the payment and allocation of margin with respect to commodity contracts not specifically identifiable to a particular customer pending their orderly liquidation". Approved July 27, 1982.

LEGISLATIVE HISTORY—H.R. 4935: HOUSE REPORT No. 97-420 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): Feb. 9, considered and passed House. July 13, considered and passed Senate.

96 STAT. 241

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 96 STAT. 242

PUBLIC LAW 97-223—JULY 27, 1982 Public Law 97-223 97th Congress Joint Resolution

July 27, 1982 [H.J. Res. 225]

Management y,^t^,v.a America.

-j.^ designate the week beginning June 5, 1983, and ending June 11, 1983, as "Management Week in America".

Whereas the high level of dedication of the members of the management profession has contributed significantly to the success of the American free enterprise system; Whereas the quality of management is of crucial importance in ensuring increased production of superior goods and services at costs that permit successful competition in both domestic and world markets; and Whereas the first week in June has been recognized as a proper time for acknowledging the essential role of the management profession in ensuring the continued strength of the American economy: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning June 5, 1983, and ending June 11, 1983, is designated "Management Week in America", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved July 27, 1982.

LEGISLATIVE HISTORY—H.J. Res. 225 (S.J. Res. 73): CONGRESSIONAL RECORD, Vol. 128 (1982): June 3, considered and passed House. June 25, S.J. Res. 73, considered and passed Senate. July 13, considered and passed Senate.

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 PUBLIC LAW 97-224—JULY 28, 1982

96 STAT. 243

Public Law 97-224 97th Congress Joint Resolution To authorize and direct the Secretary of the Interior, subject to the supervision and approval of the Franklin Delano Roosevelt Memoried Commission, to proceed with the construction of the Franklin Delano Roosevelt Memorial, and for other purposes.

July 28, 1982 [S.J. Res. 95]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary of the Franklin Delano Interior is authorized and directed, subject to the supervision and Roosevelt Memorial, approval of the FrankUn Delano Roosevelt Memorial Commission, construction. to construct the Franklin Delano Roosevelt Memorial in accordance 16 USC 431 note. with the general design developed by the Franklin Delano Roosevelt Memorial Conunission and approved by the Commission of Fine Arts on September 20, 1979. Such memorial shall be constructed in that portion of West Potomac Park in the District of Columbia which lies between Independence Avenue and the inlet bridge, reserved for the memorial by a joint resolution approved September 1, 1959 (Public Law 86-214). SEC. 2. The Franklin Delano Roosevelt Memorial shall be operated and maintained by the Secretary of the Interior subject to the provisions of the Act of August 25, 1916 (39 Stat. 535), as amended 43 USC 1457; 16 USC 1-4, and supplemented. 22, 43. SEC. 3. There are authorized to be appropriated for fiscal years Appropriation beginning after September 30, 1982, such sums as may be necessary authorization. to carry out the provisions of this joint resolution. Approved July 28, 1982.

LEGISLATIVE HISTORY—S.J. Res. 95 (H.J. Res. 400): HOUSE REPORT No. 97-556 accompanying H.J. Res. 400 (Comm. on House Administration). SENATE REPORT No. 97-311 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 8, considered and passed Senate. July 14, H.J. Res. 400, considered and passed House; S.J. Res. 95, passed in lieu.

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 96 STAT. 244

PUBLIC LAW 97-225—JULY 28, 1982 Public Law 97-225 97th Congress Joint Resolution

July 28, 1982 [H.J. Res. 444]

National T^l^'^^n"^^ Talkers Day.

To authorize and request the President to designate August 14, 1982, as "National Navaho C!ode Talkers Day".

Whereeis the Navaho Code Talkers, a group of United States Marines, devised a communication code, based on the Navaho language, for combat use during World War II; Whereas the development and use of this code, which was never deciphered by Japanese cryptologists, played a crucial role in the successful resolution of the war effort in the Pacific; and Whereas this select group of Navaho Marines has never received national recognition for its unique and invaluable contribution to our military intelligence during that conflict: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is authorized and requested to issue a proclamation designating August 14, 1982, as "National Navaho Code Talkers Day", and calling upon all government agencies and people of the United States to observe the day with appropriate programs, ceremonies, and activities. Approved July 28, 1982.

LEGISLATIVE HISTORY—H.J. Res. 444 (S.J. Res. 133): CONGRESSIONAL RECORD, Vol. 128 (1982): May 18, considered and passed House. May 26, S.J. Res. 133, considered and passed Senate. July 13, considered and passed Senate.

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 PUBLIC LAW 97-226—JULY 28, 1982

96 STAT. 245

Public Law 97-226 97th Congress An Act To amend the Bfilitaiv Personnel and Civilian Employees' Claims Act of 1964 to increasefirom$16,000 to $26,000 the maximum amount the United States may pay in settlement of a daim under section 8 of that Act

July 28, 1982 [H.R. 4688]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) sections Military and Personnel 8(a)(l) and 3(b)(l) of the Militarv Personnel and Civilian Employees' Civilian Claims Act of 1964 (31 U^.C. 241 (a)(1) and (b)(D), are amended by Employees' Claims Act of striking out $15,000 and inserting in lieu thereof ''$25,000". 1964, (b) I^e amendments made by tms Act shall apply only to claims amendments. arising on or after the date of enactment. 31 USC 241 note. (c) Sections (3)(a)(1) and (3) of the Military Personnel and Civilian Employees' Claims Act of 1964 (31 U.S.C. 241(a)(1) and (3)) are amended by striking "the Treasury" and inserting in lieu thereof "Transportation". SEC. 2. No funds may be obligated or expended pursuant to the Prohibition. 31 USC 241 note. amendments made by mis Act b^ore October 1, 1982. Approved July 28, 1982.

LEGISLATIVE HISTORY—H.R. 4688 (S. 1739): HOUSE REPORT No. 97-452 (Comm. on the Judiciary). SENATE REPORT No. 97-482 accompanying S. 1739 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 16, 18, considered and passed House. July 14, S. 1739, considered and passed Senate. July 16, considered and passed Senate.

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 96 STAT. 246

PUBLIC LAW 97-227—AUG. 2, 1982 Public Law 97-227 97th Congress An Act

Aug. 2, 1982 [H.R. 6663] Federal Rules of Civil Procedure, delay of effective date. 28 USC 2071 note. 28 USC app. Effective date. 28 USC 2071 note.

To delay the effective date of proposed amendments to rule 4 of the Federal Rules of Civil Procedure.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of section 2072 of title 28, United States Code, the amendments to rule 4 of the Federal Rules of Civil Procedure as proposed by the Supreme Court of the United States and transmitted to the Congress by the Chief Justice on April 28, 1982, shall take effect on October 1, 1983, unless previously approved, disapproved, or modified by Act of Congress. SEC. 2. This Act shall be effective as of August 1, 1982, but shall not apply to the service of process that takes place between August 1, 1982, and the date of enactment of this Act. Approved August 2, 1982.

LEGISLATIVE HISTORY—H.R. 6663: HOUSE REPORT No. 97-662 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): July 26, considered and passed House. July 28, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 31 (1982): Aug. 2, Presidential statement.

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 PUBLIC LAW 97-228—AUG. 2, 1982

96 STAT. 247

Public Law 97-228 97th Congress Joint Resolution Authorizing and requesting the President to issue a proclamation designating the week of August 1, 1982, through August 7, 1982, as "National Purple Heart Week".

Aug. 2, 1982 [H.J. Res. 526]

Whereas countless vaUant Americans have been wounded in combat while defending our great Nation against armed enemies and have received the Purple Heart Medal in recognition of their sacrifices for our country; and Whereas, through this service to our Nation and because of the nature of their injuries, these Purple Heart recipients will bear their battle wounds for life; and Whereas August 7, 1982, marks the two hundredth anniversary of General George Washington's order first establishing the Purple Heart Medal; and Whereas it is most appropriate that this special group of veterans be recognized for their outstanding contributions to our national security and welfare in this special anniversary year: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Presi- Sfo'TwZ}?'"'^^® dent is authorized and requested to issue a proclamation designating Heart Week. the week of August 1, 1982, through August 7, 1982, as "National Purple Heart Week" in recognition of the countless contributions our combat wounded Purple Heart recipients have made to the security and welfare of the United States, and calling upon all government agencies and the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved August 2, 1982.

LEGISLATIVE HISTORY—H.J. Res. 526 (S.J. Res. 207): CONGRESSIONAL RECORD, Vol. 128 (1982): June 24, considered and passed House. July 28, considered and passed Senate.

97-200 O—84—pt. 1

10; QL3

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PUBLIC LAW 97-229—AUG. 3, 1982

Public Law 97-229 97th Congress An Act Aug. 3, 1982 [S. 2332]

Energy Emergency Preparedness Act of 1982. 42 USC 6202 note.

To amend the Energy Policy and Conservation Act to extend certain authorities relating to the International Energy Program, to provide for the Nation's energy emergency preparedness, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the 'Energy Emergency Preparedness Act of 1982". SEC. 2. INTERNATIONAL ENERGY PROGRAM AMENDMENTS.

Ante, p. 196.

(a) EXTENSION.—Subsection (j) of section 252 of the Energy Policy and Conservation Act (42 U.S.C. 6272(j)) is amended by striking out "August 1, 1982" and inserting in lieu thereof "at midnight December 31, 1983". (b) LIMITATIONS.—(1) Section 251 of the Energy Policy and Conservation Act (42 U.S.C. 6271) is amended by adding at the end thereof the following new subsection: "(e) No rule under this section may be put into effect unless— "(1) an international energy supply emergency, as defined in the first sentence of section 252(1)(1), is in effect; and "(2) the allocation of available oil referred to in chapter III of the international energy program has been activated pursuant to chapter IV of such program.". (2) Section 252 of such Act (42 U.S.C. 6272) is amended by adding at the end thereof the following new subsection: "(m) The authority granted by this section shall apply only to the development or carrying out of voluntary agreements and plans of action to implement chapters III, IV, and V of the international energy program.". SEC. 3. ENERGY EMERGENCY PREPAREDNESS.

(a) IN GENERAL.—Title II of the Energy Policy and Conservation Act, relating to standby energy authorities, is amended by adding at the end thereof the following new part: "PART C—ENERGY EMERGENCY PREPAREDNESS CONGRESSIONAL FINDINGS, POLICY, AND PURPOSE

42 USC 6281.

"SEC. 271. (a) FINDINGS.—The Congress finds that— "(1) a shortage of petroleum products caused by reductions in imports of petroleum products may occur at any time; "(2) such a shortage may be sufficiently large to cause severe economic dislocations and hardships, or constitute a serious threat to public health, safety, and welfare; and "(3) prior to the occurrence of such a shortage, the Federal Government has a responsibility to be prepared to mitigate the

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adverse impacts of such a shortage as a supplement to reliance on free market pricing and allocation of available petroleum product supplies. "(b) POLICY.—The Congress declares that it shall be the policy of the United States that the Federal Government shall be prepared prior to any shortage of petroleum products to respond to energy emergencies, pursuant to authorities under provisions of law other than this part, as a supplement to reliance on the free market to mitigate the adverse impacts of a shortage of petroleum products on public health, safety, and welfare. "(c) PURPOSE.—The purpose of this part is to carry out the policy in subsection (b) by providing for the preparation of comprehensive energy emergency response procedures to be available for use by the President under authorities contained in any provision of law other than this part. "PREPARATION FOR PETROLEUM SUPPLY INTERRUPTIONS

272. (a) DESCRIPTION OF AVAILABLE LEGAL AUTHORITIES.—(1) The President shall submit to the Congress no later than November 15, 1982, a memorandum of law which describes the nature and extent of the authorities available to the President under existing law to respond to a severe energy supply interruption or other substantial reduction in the amount of petroleum products available to the United States. "(2) The memorandum of law required by paragraph (1) shall be prepared by the Attorney General, in consultation with the Secretary of Energy. ' (3) The memorandum of law submitted to the Congress pursuant to this subsection shall— "(A) include the following subjects— "(i) activities of the United States in support of the international energy program and the December 10, 1981, International Energy Agency agreement entitled 'Decision on Preparation for Future Supply Disruptions' including— (I) the National Emergency Sharing Organization; "(II) emergency sharing systems; and "(III) the supply right project; "(ii) activities of the United States pursuant to its energy emergency preparedness obligations to the North Atlantic Treaty Organization; "(iii) development and use of the Strategic Petroleum Reserve; "(iv) Government incentives to encourage private petroleum product stocks; "(v) reactivation of the following Executive Manpower Reserves: "(I) the Emergency Electric Power Reserve; "(II) the Emergency Petroleum and Gas Reserve; and "(III) the Emergency Solid Fuels Reserve; "(vi) energy emergency response management in coordination with State and local governments; and "(vii) emergency public information activities; and "(B) distinguish among— "(i) situations involving limited or general war, international tensions that threaten national security, and other Presidentially declared emergencies; "SEC.

Memorandum "If^'^f"^ Jngress 42 USC 6282.

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PUBLIC LAW 97-229—AUG. 3, 1982 "(ii) events resulting in activation of the international e n e r ^ program; and "(iii) events or situations less severe than those described in clauses (i) and (ii). "(b)

COMPREHENSIVE

ENERGY

EMERGENCY

RESPONSE

PROCE-

DURES.—(1) Not later than December 31, 1982, the President shall submit to the Congress comprehensive energy emergency response procedures for implementation, in whole or in part, of the authorities described under subsection (a). "(2) The comprehensive energy emergency response procedures shall— "(A) describe the various options the President would consider using to implement the authorities described in the memorandum of law submitted under subsection (a) to respond to a severe energy supply interruption or other substantial reduction in the amount of petroleum products available to the United States, including a description of the likely sequence in which such options would be taken; "(B) specify how appropriate governmental actions in response to international and domestic energy shortages would be selected and implemented under such options, particularly which official or governmental entity would select and implement such actions, and what procedures would be used in doing so; and "(C) recommend any additional statutory authority the President considers necessary to respond to a severe energy supply interruption or other substantial reduction in the amount of petroleum products available to the United States. "(c) DISCLAIMERS.—(1) Nothing in this part, or in the comprehensive energy emergency response procedures submitted pursuant to subsection (b), shall— "(A) limit the authority of the President under any provision of law to respond to a reduction in the amount of petroleum products available to the United States; or "(B) grant any authority to the President to respond to a reduction in the amount of petroleum products available to the United States. "(2) No State law or State program in effect on the date of the enactment of this part, or which may become effective thereafter, shall be construed to be superseded by any provision of this part.". (b) CONFORMING AMENDMENT.—The table of contents for the Energy Policy and Conservation Act is amended by adding after the item relating to section 255 the following new items: "PART C—ENERGY EMERGENCY PREPAREDNESS "Sec. 271. Congressional findings, policy, and purpose. "Sec. 272. Preparation for petroleum supply interruptions.". SEC. 4. STRATEGIC PETROLEUM RESERVE AMENDMENTS. (a) REQUIRED RATE FOR FILUNG RESERVE.—

42 USC 6247.

(1) IN GENERAL.—Subsection (c) of section 160 of the Energy Policy and Conservation Act (42 U.S.C. 6240(c)) is amended to read as follows: "(c)(1)(A) The President shall immediately undertake, and thereafter continue, petroleum products acquisition, transportation, and injection activities, to the extent funds are available pursuant to section 167(b)(2) and (b)(3), at a level sufficient to assure that the

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petroleum products in the Strategic Petroleum Reserve will be increased at an average annual rate of at least the minimum required fill rate until the quantity of petroleum products stored within the Strategic Petroleum Reserve is at least 500,000,000 barrels. "(B) Subject to subparagraph (C), the minimum required fill rate shall be 300,000 barrels per day for purposes of subparagraph (A), unless there is in effect a finding by the President in his discretion for good cause that compliance with such rate would not be in the national interest. Any finding by the President under this subparagraph takes effect on the date such finding is transmitted to the Congress and ceases to have effect at the end of the fiscal year in which such finding was made. Any such finding transmitted to the Congress shall include a statement of the facts upon which the finding is based. Any such finding shall not be subject to judicial review. "(C) The minimum required fill rate shall be 220,000 barrels per day for purposes of subparagraph (A) during the period in which any finding by the President under subparagraph (B) is in effect. "(D)(i) If funds are available in any given fiscal year after fiscal year 1982 to achieve an average annual fill rate higher than the minimum required fill rate in effect under subparagraph (C), the minimum required fill rate shall be the highest practicable fill rate achievable, subject to the availability of appropriated funds. "(ii) The Impoundment Control Act of 1974 (31 U.S.C. 1400 and following) shall apply to funds made available under section 167(b) and (e).

42 USC 6247;

"(2) After the Strategic Petroleum Reserve reaches a level of ^"^'""• 500,000,000 barrels, the President shall immediately seek to undertake, and thereafter continue, petroleum products acquisition, transportation, and injection activities at a level sufficient to assure that the petroleum products in the Strategic Petroleum Reserve will be increased at an average annual rate of at least 300,000 barrels per day until the quantity of petroleum products stored within the Strategic Petroleum Reserve is at least 750,000,000 barrels.". (2) EFFECTIVE DATE.—The amendment made by paragraph (1) 42 USC 6240 shall take effect July 1, 1982. note. (b) INTERIM STORAGE.— (1) AUTHORITY FOR IMPLEMENTATION.—Section

159(f) of the Energy Policy and Conservation Act (42 U.S.C. 6239(f)) is amended by striking out "and" at the end of paragraph (3), by striking out the comma at the end of paragraph (4) and inserting "; and" in lieu thereof, and by inserting after paragraph (4) the following new paragraph: "(5) the storage of petroleum products in interim storage facilities,". (2) USE OF SPR PETROLEUM ACCOUNT; CONFORMING AMEND-

MENTS.—(A) Section 167 of such Act (95 Stat. 619; to be codified at 42 U.S.C. 6247) is amended by adding at the end thereof the following: "(e)(1) Except as provided in paragraph (2), nothing in this part shall be construed to limit the Account from being used to meet expenses relating to interim storage facilities for the storage of petroleum products for the Strategic Petroleum Reserve, "(2) In any fiscal year, amounts in the Account may not be obligated for expenses relating to interim storage facilities in excess of 10 percent of the total amounts in the Account obligated in such

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PUBLIC LAW 97-229—AUG. 3, 1982

fiscal year. If the amount obligated in any fiscal year for interim storage expenses is less than the amount of the 10-percent limit under the preceding sentence for that fiscal year, then the amount of the 10-percent limit applicable in the following fiscal year shall be increased by the amount by which the limit exceeded the amount obligated for such expenses.. (B) Section 159 of such Act (42 U.S.C. 6239) is amended by adding at the end thereof the following new subsection: "(h)(1) No amendment to the Strategic Petroleum Reserve Plan relating to interim storage facilities shall be required prior to the storage of petroleum products in such facilities. "(2) Petroleum products stored in interim storage facilities pursuant to this part shall be considered to be in storage in the Reserve. "(3)(A) No action relating to the storage of petroleum products in existing interim storage facilities in the Reserve shall be deemed to be 'a major Federal action significantly affecting the quality of the human environment' within the meaning of that term as it is used in section 102(2)(C) of the National Environmental Policy Act of 1969. 42 USC 4332. "(B) For purposes of this paragraph, an interim storage facility shall be considered to be an existing interim storage facility if it— "(i) is in existence on July 1, 1982; "(ii) was constructed in a manner appropriate for storing petroleum products; and "(iii) is not modified after July 1, 1982, in any manner which substantially increases the storage capacity of the facility. Any modification of such facility may not include replacement or reconstruction. "Interim storage "(4) The term 'interim storage facilities', when used in this part, facilities." may include any vessel which meets the applicable requirements under this part.. (C) Section 160(e)(4) of such Act (42 U.S.C. 6240(e)(4)) is amended by striking out "crude oil" and inserting in lieu thereof "petroleum product". 42 USC 6234 note.

42 USC 6234. Effective date. 42 USC 6239.

(c) STRATEGIC PETROLEUM RESERVE DRAWDOWN PLAN.—On

or

before December 1, 1982, the President shall transmit to the Congress a drawdown plan for the Strategic Petroleum Reserve consistent with the requirements of section 154 of the Energy Policy and Conservation Act. Such plan shall be transmitted to the Congress as an amendment to the Strategic Petroleum Reserve Plan. Such amendment shall take effect on the date it is transmitted to the Congress and shall not be subject to section 159(e) of such Act relating to Congressional review. Subsequent amendments to such plan shall be in accordance with subsections (d) and (e) of such section 159. SEC. 5. CONTINUATION OF PETROLEUM PRODUCT INFORMATION COLLECTION.

(a) IN GENERAL.—Part A of title V of the Energy Policy and Conservation Act (42 U.S.C. 6381 and following) is amended by adding at the end thereof the following new section: PETROLEUM PRODUCT INFORMATION

42 USC 6385.

"SEC. 507. The President or his delegate shall, pursuant to authority otherwise available to the President or his delegate under any other provision of law, collect information on the pricing, supply,

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and distribution of petroleum products by product category at the wholesale and retail levels, on a State-by-State basis, which was collected as of September 1, 1981, by the Energy Information Administration.". (b) CLERICAL AMENDMENT.—The table of contents for such Act is~ amended by inserting the following new item after the item relating to section 506: "Sec. 507. Petroleum product information.". SEC. 6. REPORTS TO CONGRESS ON PETROLEUM SUPPLY INTERRUPTIONS.

(a) IMPACT ANALYSIS.—(1) The Secretary of Energy shall analyze the impact on the domestic economy and on consumers in the United States of reliance on market allocation and pricing during any substantial reduction in the amount of petroleum products available to the United States. In making such analysis, the Secretary of Energy may consult with the Secretary of the Treasury, the Secretary of Agriculture, the Director of the Office of Management and Budget, and the heads of other appropriate Federal agencies. Such analysis shall— (A) examine the equity and efficiency of such reliance, (B) distinguish between the impacts of such reliance on various categories of business (including small business and agriculture) and on households of different income levels, (C) specify the nature and administration of monetary and fiscal policies that would be followed including emergency tax cuts, emergency block grants, and emergency supplements to income maintenance programs, and (D) describe the likely impact on the distribution of petroleum products of State and local laws and regulations (including emergency authorities) affecting the distribution of petroleum products. Such analysis shall include projections of the effect of the petroleum supply reduction on the price of motor gasoline, home heating oil, and diesel fuel, and on Federal tax revenues, Federal royalty receipts, and State and local tax revenues. (2) Within one year after the date of the enactment of this Act, the Secretary of Energy shall submit a report to the Congress and the President containing the analysis required by this subsection, including a detailed step-by-step description of the procedures by which the policies specified in paragraph dXC) would be accomplished in an emergency, along with such recommendations as the Secretary of Energy deems appropriate. (b) STRATEGIC PETROLEUM RESERVE DRAWDOWN AND DISTRIBUTION

REPORT.—The President shall prepare and transmit to the Congress, at the time he transmits the drawdown plan pursuant to section 4(c), a report containing— (1) a description of the foreseeable situations (including selective and general embargoes, sabotage, war, act of God, or accident) which could result in a severe energy supply interruption or obligations of the United States arising under the international energy program necessitating distributions from the Strategic Petroleum Reserve, and (2) a description of the strategy or alternative strategies of distribution which could reasonably be used to respond to each situation described under paragraph (1), together with the theory and justification underlying each such strategy.

42 USC 6245 note.

Consultation with other Federal agencies.

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 96 STAT. 254

Submittal to Congress.

PUBLIC LAW 97-229—AUG. 3, 1982 The description of each strategy under paragraph (2) shall include an explanation of the methods which would likely be used to determine the price and distribution of petroleum products from the Reserve in any such distribution, and an explanation of the disposition of revenues arising from sales of any such petroleum products under the strategy. (c) REGIONAL RESERVE REPORT.—The President or his delegate shall submit to the Congress no later than December 31, 1982, a report regarding the actions taken to comply with the provisions of section 157 of the Energy Policy and Conservation Act (42 U.S.C. 6237). Such report shall include an analysis of the economic benefits and costs of establishing Regional Petroleum Reserves, including— (1) an assessment of the ability to transport petroleum products to refiners, distributors, and end users within the regions specified in section 157(a) of such Act; (2) the comparative costs of creating and operating Regional Petroleum Reserves for such regions as compared to the costs of continuing current plans for the Strategic Petroleum Reserve; and (3) a list of potential sites for Regional Petroleum Reserves, (d) STRATEGIC ALCOHOL FUEL RESERVE REPORT.—The Secretary of

Energy shall, in consultation with the Secretary of Agriculture, prepare and transmit to the Congress no later than December 31, 1982, a study of the potential for establishing a Strategic Alcohol Fuel Reserve. (e) MEANING OF TERMS.—As used in this section, the terms "international energy program", "petroleum product", "Reserve", "severe energy supply interruption", and "Strategic Petroleum Reserve" have the meanings given such terms in sections 3 and 152 of the Energy Policy and Conservation Act (42 U.S.C. 6202 and 6232). Approved August 3, 1982.

LEGISLATIVE HISTORY—S. 2332 (H.R. 6337): HOUSE REPORTS: No. 97-585, pt. 1 (Comm. on Energy and Commerce), 97-585, pt. 2 (Comm. on Merchant Marine and Fisheries) both accompanying H.R. 6337; and 97-663 (Comm. of Conference). SENATE REPORT No. 97-393 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): May 26, considered and passed Senate. June 23, H.R. 6337 considered and passed House; passage vacated and S. 2332, amended, passed in lieu. July 29, House agreed to conference report. July 30, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 31 (1982): Aug. 3, Presidential statement.

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 PUBLIC LAW 97-230—AUG. 6, 1982

96 STAT. 255

Public Law 97-230 97th Congress An Act To amend title 28, United States Code, to modify the bar membership requirements for United States magistrates.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 631(b)(1) of title 28, United States Code, is amended by striking out "He is, and has been for at least five years, a member" and inserting in lieu thereof the following: "He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands of the United States, and he is a member". Approved August 6, 1982.

LEGISLATIVE HISTORY—S. 2706: CONGRESSIONAL RECORD, Vol. 128 (1982): June 30, considered and passed Senate. July 23, considered and passed House.

Aug. 6, 1982— [S. 2706]

us. magistrates. ?eTui?eSents modification.

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 96 STAT. 256

PUBLIC LAW 97-231—AUG. 9, 1982 Public Law 97-231 97th Congress An Act

Aug. 9, 1982 [S. 2317] National Federation of Music Clubs. Charter. 36 USC 2001.

To recognize the organization known as the National Federation of Music Clubs.

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

1, The National Federation of Music Clubs, organized and incorporated under the laws of the State of Illinois, is hereby recognized as such and is granted a charter. SECTION

POWERS 36 USC 2002.

SEC 2. The National Federation of Music Clubs (hereinafter referred to as the "corporation") shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States. OBJECTS AND PURPOSES OF CORPORATION

36 USC 2003.

SEC. 3. The objects and purposes for which the corporation is organized shall be those provided in its articles of incorporation and also shall be— (1) to bring into working relations with one another, music clubs and other musical organizations and individuals directly or indirectly associated with musical activity for the purpose of developing and maintaining high musical standards; (2) to aid and encourage musical education; and (3) to promote American music and American artists throughout the United States of America and the world. The corporation shall function as a patriotic, civic, and historical organization as authorized by the laws of the State or States wherein it is incorporated. SERVICE OF PROCESS

36 USC 2004.

SEC. 4. With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. MEMBERSHIP

36 USC 2005.

SEC. 5. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

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96 STAT. 257

BOARD OP DIRECTORS; C O M P O S I T I O N; RESPONSffilUTIES

SEC. 6. The board of directors of the corporation and the responsi- 36 USC 2006. bilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated. OFFICERS OF CORPORATION

SEC. 7. The officers of the corporation, and the election of such 36 USC 2007. officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated. RESTRICTIONS

SEC. 8. (a) No part of the income or assets of the corporation shall 36 USC 2008. inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or Federal Government authority for any of its activities. (f) The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State of Illinois. LIABILTTY

SEC. 9. The corporation shall be liable for the acts of its officers 36 USC 2009. and agents when acting within the scope of their authority. BOOKS AND RECORDS; INSPECTION

SEC. 10. The corporation shall keep correct and complete books 36 USC 2010. and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. AUDIT OF FINANCIAL TRANSACTIONS

SEC. 11. The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal

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 96 STAT. 258

PUBLIC LAW 97-231—AUG. 9, 1982 law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: "(53) National Federation of Music Clubs.". ANNUAL REPORT

36 USC 2011.

ggc. 12. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 11 of this Act. The report shall not be printed as a public document. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER

36 USC 2012.

SEC. 13. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. DEFINITION OF " S T A T E "

36 USC 2013.

ggj, 14 PQJ. puiposes of this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. TAX-EXEMPT STATUS

36 USC 2014.

SEC. 15. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code. If the corporation fails to msiintain such status, the charter granted hereby shall expire. TERMINATION

36 USC 2015.

SEC. 16. If the corporation shall fail to comply with any of the restrictions or provisions of this Act the charter granted hereby shall expire. Approved August 9, 1982.

LEGISLATIVE HISTORY—S. 2317: HOUSE REPORT No. 97-644 (Comm. on the Judiciary). SENATE REPORT No. 97-394 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): May 24, considered and passed Senate. Julyi 20, considered and passed House, amended. July 27, Senate concurred in House amendments.

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 PUBLIC LAW 97-232—AUG. 9, 1982

96 STAT. 259

Public Law 97-232 97th Congress

An Act To provide for the development and improvement of the recreation facilities and programs of Gateway National Recreation Area through the use of funds obtained from the development of methane gas resources within the Fountain Avenue Landfill site by the city of New York.

Aug. 9, 1982 [S. 2218]

Be it enacted by the Senate and House of Representatives of the Gateway United States of America in Congress assembled. That section 3 of National Area, Public Law 92-592 is amended by adding at the end thereof the Recreation improvement. following new subsection: 16 USC 460CC-2. "(i) Notwithstanding the provisions of subsection (a) of this sec- Fountain tion, the United States hereby conveys to the city of New York all Avenue Landfill rights to the methane gas and associated byproducts resulting from site. solid waste decomposition on the area within the Jamaica Bay Unit Conveyance known as the Fountain Avenue Landfill site, subject to payments to rights. the United States of 50 per centum of the revenue received by the city of New York, if any, from the development of such rights. The Secretary shall grant to the City, its lessee or assignee, all rights-ofway ana other permits necessary from the Department of the Interior to extract and transport the gas from the site: Provided, That the rights-of-way and other permits shall provide for reasonable restoration of the site, including removal of any processing or storage facilities used in the disposal, development, or extraction of the gas, access by the Secretary to the site for safety and other recreation area purposes, and such other reasonable conditions as the Secretary deems necessary to further purposes of the recreation area. All such payments to the United States shall be credited to the Funding. appropriations of the National Park Service for the development and improvement of Gateway National Recreation Area.". SEC. 2. Subsection 4(a) of the Act of October 27, 1972 (86 Stat. 1308), is amended by changing "ten years" in the second sentence to 16 USC 460CC-3. "twenty years". Approved August 9, 1982.

LEGISLATIVE HISTORY—S. 2218: HOUSE REPORT No. 97-677 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-455 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): June 9, considered and passed Senate. Aug. 2, considered and passed House.

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PUBLIC LAW 97-233—AUG. 10, 1982 Public Law 97-233 97th Congress Joint Resolution

Aug. 10, 1982 [H.J. Res. 494] El Salvador, Presidential certifications on conditions. 95 Stat. 1555. 22 USC 2370 note.

With regard to Presidential certifications on conditions in El Salvador.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That section 728(6) of the International Security and Development Cooperation Act of 1981 is amended by adding at the end thereof the following: "The second certification required under this section may be made only if it includes a determination by the President that the Government of El Salvador (1) has made good faith efforts since the first such certification was made to investigate the murders of those six United States citizens and to bring to justice those responsible for those murders, and (2) has taken all reasonable steps to investigate the disappearance of journalist John Sullivan in El Salvador in January 1981.". Approved August 10, 1982.

LEGISLATIVE HISTORY—H.J. Res. 494 (S.J. Res. 208): SENATE REPORT No. 97-500 accompanying S.J. Res. 208 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 128 (1982): July 12, 13, considered and passed House. July 27, considered and passed Senate.

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96 STAT. 261

Public Law 97-234 97th Congress An Act To recognize the organization known as American Ex-Prisoners of War.

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

Aug. 10, 1982 [H.R. 5380] American ExPrisoners of War. Charter.

1. American Ex-Prisoners of War, organized and incorpo- 36 USC 2101. rated under the Washington Nonprofit Corporation Act (Wash. Rev. Code Ann. 24.03.005) of the State of Washington by Charles Morgan, Junior, San Antonio, Texas; Edward Fisher, Fairhaven, Massachusetts; Charles Miller, La JoUa, California; C. Earl Derrington, Jackson, Mississippi; Edward Parks, Middleboro, Massachusetts; Henry Goodall, Houston, Texas; Stanley Sommers, Marshfield, Wisconsin; Edward Allen, N. Olmstead, Ohio; Irving Rittenberg, Brookline, Massachusetts; Edgar Van Valkenberg, Saint Petersburg, Florida; W. C. Musten, Winston-Salem, North Carolina; Clifford Omtvedt, Eau Claire, Wisconsin; Orlo Natvig, Charles City, Iowa; H. C. Griffin, Houston, Texas; Milton Moore, El Paso, Texas; Marie Harre, Fairway, Kansas; Alfred Galloway, Seattle, Washington; Reginald Reed, Bremerton, Washington; Ralph Moulis, Tucson, Arizona; Betty Rodriquez, Albuquerque, New Mexico; Randall Briere, San Antonio, Texas; Joseph G. Schisser, San Leon, Texas; Herman Molen, Las Vegas, Nevada; Joseph B. Upton, Saint Louis, Missouri; Harold Page, Buckley, Washington; D. C. Wimberly, Springhill, Louisiana; Albert Braun, Phoenix, Arizona; Melvin Madero, San Diego, California; Tillman Rutledge, San Antonio, Texas; Benson Guyton, Decatur, Alabama; Frank Hawkins, Oklahoma City, Oklahoma; Melvin Routt, Tracy, California; John Romine, Muskogee, Oklahoma; Christopher Morgan, Old Bridge, New Jersey; Allen Smith, Diana, Texas; and John G. Flynn, San Antonio, Texas, is hereby recognized as such and is granted a charter. SECTION

POWERS

SEC. 2. American Ex-Prisoners of War (hereafter in this Act referred to as the "corporation") shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

36 USC 2102.

OBJECTS AND PURPOSES OF CORPORATION

SEC. 3. The objects and purposes of the corporation are those provided in its articles of incorporation and shall include— (1) encouragement of fraternity for the common good; (2) fostering patriotism and loyalty; (3) assistance to widows and orphans of deceased ex-prisoners of war;

36 USC 2103.

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 96 STAT. 262

PUBLIC LAW 97-234—AUG. 10, 1982 (4) assistance to ex-prisoners of war who have been injured or handicapped as a result of their service; (5) maintenance of allegiance to the United States of America; (6) preservation and defense of the United States from all of her enemies; and (7) maintenance of historical records. SERVICE OF PROCESS

36 USC 2104.

SEC. 4. With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. MEMBERSHIP

36 USC 2105.

SEC. 5. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES

36 USC 2106.

SEC 6. The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated. OFFICERS OF CORPORATION

36 USC 2107.

SEC. 7. The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated. RESTRICTIONS

36 USC 2108.

SEC. 8. (a) No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or Federal Government authority for any of its activities. (f) The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State of Washington.

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 PUBLIC LAW 97-234—AUG. 10, 1982

96 STAT. 263

LIABILITY

SEC. 9. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

36 USC 2109.

BOOKS AND RECORDS; INSPECTION

SEC. 10. The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

36 USC 2110.

AUDIT OF FINANCIAL TRANSACTIONS

SEC. 11. The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: "(57) American Ex-Prisoners of War.". ANNUAL REPORT

SEC. 12. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 11 of this Act. The report shall not be printed as a public document.

36 USC 2lii.

RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER

SEC. 13. The right to alter, amend, or repeal this Act is expressly reserved to the Congress.

36 USC 2112.

DEFINITION OF " S T A T E "

SEC. 14. For purposes of this Act, the term "State" includes the 36 USC 2113. District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. TAX-EXEMPT STATUS

SEC. 15. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code. If the corporation fails to maintain such status, the charter granted hereby shall expire.

36 USC 2114.

E X C L U S IV E RIGHT TO NAME, EMBLEMS, SEALS, AND BADGES

SEC. 16. The corporation shall have the sole and exclusive right to 36 USC 2115. use and to allow or refuse to others the use of the terms "American Ex-Prisoners of War", and the official American Ex-Prisoners of War emblem or any colorable simulation thereof. No powers or

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 96 STAT. 264

PUBLIC LAW 97-234—AUG. 10, 1982 privileges hereby granted shall, however, interfere or conflict with established or vested rights. TERMINATION

36 USC 2116.

SEC. 17. If the corporation shall fail to comply with any of the restrictions or provisions of this Act the charter granted hereby shall expire. Approved August 10, 1982.

LEGISLATIVE HISTORY—H.R. 5380 (S. 2174): HOUSE REPORT No. 97-643 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): July 20, considered and passed House. July 28, considered and passed Senate.

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 PUBLIC LAW 97-235—AUG. 16, 1982

96 STAT. 265

Public Law 97-235 97th Congress Joint Resolution To authorize and request the President to designate "National Family Week".

Aug. 16, 1982 [S.J. Res. 190]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is National Family hereby authorized and requested to issue a proclamation designat- Week. ing the week of November 21 through 27, 1982, as "National Family Week", and inviting the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such week with appropriate ceremonies and activities. Approved August 16, 1982.

LEGISLATIVE HISTORY—S.J. Res. 190: CONGRESSIONAL RECORD, Vol. 128 (1982): May 26, considered and peissed Senate. Aug. 5, considered and passed House.

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 96 STAT. 266

PUBLIC LAW 97-236—AUG. 17, 1982 Public Law 97-236 97th Congress Joint Resolution

Aug. 17, 1982 [S.J. Res. 183]

Lupus Week^'^^^^

rpg authorize and request the President to issue a proclamation designating October 17 through October 23, 1982, as "Lupus Awareness Week".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating October 17 through October 23, 1982, as "Lupus Awareness Week", and calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved August 17, 1982.

LEGISLATIVE HISTORY—S.J. Res. 183: CONGRESSIONAL RECORD, Vol. 128 (1982): June 24, considered and passed Senate. Aug. 5, considered and passed House.

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 PUBLIC LAW 97-237—AUG. 20, 1982

96 STAT. 267

Public Law 97-237 97th Congress Joint Resolution Concerning the successful completion of the test flight phase of the Space Shuttle — ^ — ~ program. [H.J. Res. 541]

Whereas when the Space Shuttle Columbia flew through a blazing re-entry and skimmed to a perfect landing on the 4th of July 1982, at Edwards Air Force Base, California, the National Aeronautics and Space Administration successfully completed the test flight phase of the Space Shuttle program and began a new era of operational Space Shuttle missions; Whereas in four test missions, the Space Shuttle Columbia, a reusable spaceship designed to provide routine space travel for a wide variety of scientific, commercial, and military payloads at reduced costs and with a high reliability of success, lived up to its promise as the most advanced spacecraft in the world; Whereas in four test missions, the Columbia was lifted from Earth, orbited in the vacuum of space like a satellite, operated a variety of scientific experiments, tested the capability of the remote manipulator system to deploy satellites in orbit and to retrieve satellites, descended into the Earth's atmosphere, was piloted by astronauts like a conventional winged airplane, and was landed at Edwards Air Force Base, California, and at White Sands missile range. New Mexico; Whereas the Space Shuttle Columbia, the newly completed Space Shuttle Challenger, and the sister Shuttles Discovery and Atlantis, now under construction, will be able to fly repeatedly back and forth from space as an operational space transportation system; Whereas the Space Shuttle orbiters will accommodate an unprecedented variety of payloads including a fully equipped scientific laboratory (Spacelab) provided by the European space agency, underscoring the commitment of the United States to international cooperation in space activities; Whereas using the unique qualities of the space environment (weightlessness and a near perfect vacuum) the Space Shuttle orbiters will be used for experiments to produce special alloys, metals, glasses, crystals, and pharmaceuticals that cannot be performed on Earth; Whereas the Space Shuttle orbiters will place in orbit satellites to observe the Earth's weather, provide improved communications, discover new mineral resources, monitor crop and timber yields, help United States forces to navigate, and monitor arms control agreements; Whereas the Space Shuttle orbiters will also place in orbit the most powerful space telescope and will launch scientific probes to explore the planets; Whereas the Space Shuttle program is a national enterprise, geographically and technologically, requiring tens of thousands of skilled workers to design, develop, test and evaluate the various Space Shuttle components;

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 96 STAT. 268

Space Shuttle, test flight period. Successful completion.

PUBLIC LAW 97-237—AUG. 20, 1982 Whereas the Space Shuttle program has been judged by independent research organizations to have a positive effect on the national economy, creating jobs, reducing inflationary pressures, and forwarding the development of advanced technologies; and Whereas the Space Shuttle program is a source of great national pride and the United States now holds world leadership in its proven ability to operate a reusable Space Shuttle: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress of the United States congratulates the National Aeronautics and Space Administration, the members of the Astronaut Corps, prime contractor Rockwell International, associate contractors Martin Marietta and Thiokol, the thousands of Shuttle subcontractors throughout the United States, and the tens of thousands of dedicated Space Shuttle workers who contributed to the successful completion of the Space Shuttle test flight period and to the entry of our Nation into a promising new era of spaceflight for the benefit of the people of the United States and all mankind. Approved August 20, 1982.

LEGISLATIVE HISTORY—H.J. Res. 541: CONGRESSIONAL RECORD, Vol. 128 (1982): July 26, considered and passed House. Aug. 4, considered and passed Senate, amended. Aug. 10, House concurred in Senate amendments.

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 PUBLIC LAW 97-238—AUG. 20, 1982

96 STAT. 269

Public Law 97-238 97th Congress An Act To direct the Secretary of Agriculture to release a reversionary interest held by the United States in certain lands located in Christian County, Kentucky, so that such lands may be used for cemetery purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, with respect to 1.52 acres of land in Christian County, Kentucky, described in section 2 of this Act, the Secretary of Agriculture, on behalf of the United States, shall release the Commonwealth of Kentucky, without consideration, from the condition contained in a deed dated July 9, 1954, between the United States and the Commonwealth of Kentucky granting certain lands in Christian County, Kentucky, of which the described lands are a part, that requires that the lands so granted be used for public purposes and provides for a reversion of such land to the United States if at any time it ceases to be so used: Provided, That such release shall in no way affect the interests of the United States in coal, oil, gas, and other minerals (not outstanding or reserved in third parties) reserved by the United States in the described lands: Provided further. That such release shall be applicable so long as the described lands are used exclusively for cemetery purposes. SEC. 2. The 1,52 acre tract described in section 1 lies on the west side of Kentucky Highway numbered 109, touching the Tabernacle Church and Cemetery on the west side, and is more particularly described as follows: Beginning at an iron pipe on the west side of an old road the same being the north east corner of the Tabernacle Cemetery property; thence, north 76 degrees and 30 minutes east, and in line with the north side of the above mentioned cemetery 237.90 feet to an iron pipe in the right-of-way line of Kentucky Highway numbered 109; thence, in line with the right-of-way line of the highway south 54 degrees 45 minutes east 292.80 feet to an iron pipe in the right-of-way line of Kentucky Highway numbered 109;

Aug. 20, 1982 [S. 2154]

Christian County, Ky. Reversionary land interest, release.

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 96 STAT. 270

PUBLIC LAW 97-238—AUG. 20, 1982 thence, south 78 degrees 00 minutes west and in line with the south side of the Tabernacle Cemetery property 384.60 feet to a concrete monument the same being the south east corner of the cemetery property; thence, north 25 degrees 30 minutes west and in line with the east side of said cemetery 211.03 feet to an iron pipe, the same being the place of the beginning. Approved August 20, 1982.

LEGISLATIVE HISTORY—S. 2154 (H.R. 6195): HOUSE REPORT No. 97-700 accompanying H.R. 6195 (Comm. on Agriculture). SENATE REPORT No. 97-333 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 128 (1982): May 5, considered and passed Senate. Aug. 9, H.R. 6195 considered and passed House; S. 2154, passed in lieu.

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 PUBLIC LAW 97-239—AUG. 20, 1982

96 STAT. 271

Public Law 97-239 97th Congress Joint Resolution To provide for the designation of April 17 to April 23, 1983, as "National C!oin Week".

Aug. 20, 1982 [H.J. Res. 516]

Whereas coin collecting is a hobby enjoyed by millions of Americans; and Whereas coin collecting is an endeavor that has educational and cultural value; and Whereas coin collecting promotes greater understanding of our history and heritage; and Whereas coin collecting contributes to the preservation of material of historical significance: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is National Coin authorized and requested to issue a proclamation designating April Week. 17 to April 23, 1983, as "National Coin Week", and calling on the people of the United States to observe such week with appropriate activities and ceremonies. Approved August 20, 1982.

LEGISLATIVE HISTORY—H.J. Res. 516: CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 5, considered and passed House. Aug. 12, considered and passed Senate.

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 96 STAT. 272

PUBLIC LAW 97-240—AUG. 20, 1982 Public Law 97-240 97th Congress Joint Resolution

Aug. 20, 1982 [S.J. Res. 123]

National v^ter^s Week ^^^

Authorizing and requesting the President to proclaim "National Disabled Veterans Week".

Whereas there are two million three hundred thousand veterans with disabilities resulting from their service in the United States Armed Forces; Whereas these disabled veterans have sacrificed their well-being in the service of their country; Whereas many of these disabled veterans endure severe disabilities, such as loss of limb, paralysis, blindness, deafness, and delayedstress syndrome and other mental disorders; Whereas these disabled veterans consistently experience inordinately high rates of joblessness; and Whereas these disabled veterans have made vital contributions to the national security and welfare by helping our Nation preserve its freedom, strength, and prosperity: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is authorized and requested to issue a proclamation designating the week of November 7, 1982, as "National Disabled Veterans Week", in recognition of the contributions that veterans with serviceconnected disabilities have made to the national security and welfare of the United States and calling upon government agencies at the Federal, State, and local levels and the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved August 20, 1982.

LEGISLATIVE HISTORY—S.J. Res. 123: CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 11, considered and passed Senate. Vol. 128 (1982): Aug. 5, considered and passed House.

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 PUBLIC LAW 97-241—AUG. 24, 1982

96 STAT. 273

Public Law 97-241 97th Congress An Act To authorize appropriations for fiscal years 1982 and 1983 for the Department of State, the International Communication Agency, and the Board for International Broadcasting, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—DEPARTMENT OF STATE SHORT TITLE

SEC. 101. This title may be cited as the "Department of State Authorization Act, Fiscal Years 1982 and 1983". AUTHORIZATIONS OF APPROPRIATIONS

SEC. 102. There are authorized to be appropriated for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and other purposes authorized by law, the following amounts: (1) For "Administration of Foreign Affairs", $1,245,637,000 for the fiscal year 1982 and $1,248,059,000 for the fiscal year 1983. (2) For "International Organizations and Conferences", $503,462,000 for the fiscal year 1982 and $514,436,000 for the fiscal year 1983. (3) For "International Commissions", $19,808,000 for the fiscal year 1982 and $22,432,000 for the fiscal year 1983. (4) For "Migration and Refugee Assistance", $504,100,000 for the fiscal year 1982 and $460,000,000 for the fiscal year 1983.

Aug. 24, 1982 [S. 1193]

Department of State, the International Communication Agency, and the Board for International Broadcasting, appropriation authorizations. Department of State Authorization Act, Fiscal Years 1982 and 1983.

REOPENING CERTAIN UNITED STATES CONSULATES

SEC. 103. (a) Notwithstanding any other provision of law, $400,000 of the funds available for the fiscal year 1982 for "Salaries and Expenses" of the Department of State are hereby reprogramed for, and shall be used by the Department for, the expenses of operating and maintaining the consulates specified in subsection (c) of this section. (b) None of the funds made available under this or any other Act for "Administration of Foreign Affairs" may be used for the establishment or operation of any United States consulate that did not exist on the date of enactment of this Act (other than the consulates specified in subsection (c)) until all the United States consulates specified in subsection (c) have been reopened as required by section 108 of the Department of State Authorization Act, Fiscal Years 1980 and 1981. (c) The consulates referred to in subsections (a) and (b) of this section are the consulates in the following locations: Turin, Italy;

22 USC 2656 note.

22 USC 2656 note. 22 USC 2656 note.

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 96 STAT. 274

PUBLIC LAW 97-241—AUG. 24, 1982 Salzburg, Austria; Goteborg, Sweden; Bremen, Germany; Nice, France; Mandalay, Burma; and Brisbane, Australia. RESTRICTIONS RELATING TO PALESTINIAN RIGHTS UNITS AND PROJECTS PROVIDING POUTICAL BENEFITS TO THE PALESTINE UBERATION ORGANIZATION

Budget review. 22 USC 287e note. Report to Congress.

SEC. 104. (a) Funds appropriated under paragraph (2) of section 102 of this Act may not be used for payment by the United States, as its contribution toward the assessed budget of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount assessed as the United States contribution for that year less— (1) 25 percent of the amount budgeted for that year for the Committee on the Exercise for the Inalienable Rights of the Palestinian People (or any similar successor entity); and (2) 25 percent of the amount budgeted for that year for the Special Unit on Palestinian Rights (or any similar successor entity); and (3) 25 percent of the amount budgeted for that year for projects whose primary purpose is to provide political benefits to the Palestine Liberation Organization or entities associated with it. (b) Funds appropriated under paragraph (2) of section 102 of this Act may not be used for payment by the United States, as its contribution toward the assessed budget of any specialized agency of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount assessed as the United States contribution for that year less 25 percent of the amount budgeted by such agency for that year for projects whose primary purpose is to provide political benefits to the Palestine Liberation Organization or entities associated with it. (c) The President shall annually review the budgets of the United Nations and its specialized agencies to determine which projects have the primary purpose of providing political benefit to the Palestine Liberation Organization, The President shall report to the Congress on any such project for which a portion of the United States assessed contribution is withheld and the amount withheld. (d) Subsections (a)(3) and (b) shall not be construed as limiting United States contributions to the United Nations, or its specialized agencies, for projects whose primary purpose is to provide humanitarian, educational, developmental, and other nonpolitical benefits to the Palestinian people. PAYMENT OF ASSESSED CONTRIBUTIONS FOR CERTAIN INTERNATIONAL ORGANIZATIONS

SEC. 105. (a) Funds authorized to be appropriated for the fiscal year 1982 by paragraph (2) of section 102 of this Act shall be used for payment of the entire amount payable for the United States contribution for the calendar year 1982 to the Organization of American States, to the Pan American Health Organization, and to the InterAmerican Institute for Cooperation on Agriculture.

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 PUBLIC LAW 97-241—AUG. 24, 1982

96 STAT. 275

(b) Funds authorized to be appropriated for the fiscal year 1983 by paragraph (2) of section 102 of this Act shall be used for payment of the entire amount payable for the United States contribution for the calendar year 1983 to the Organization of American States, to the Pan American Health Organization, and to the Inter-American Institute for Cooperation on Agriculture. (c) For purposes of this section, the term "United States contribu- "United States tion" means the United States assessed contribution to the budget of contribution." the Organization of American States, the Pan American Health Organization, or the Inter-American Institute for Cooperation on Agriculture, as the case may be, plus amounts required to be paid by the United States or minus amounts credited to the United States (as appropriate) under that organization's tax equalization program. INTERNATIONAL COMMITTEE OP THE RED CROSS

SEC. 106. Of the amounts authorized to be appropriated by paragraph (4) of section 102 of this Act, $1,500,000 shall be available for the fiscal year 1982 and $1,500,000 shall be available for the fiscal year 1983 only for the International Committee of the Red Cross to support the activities of the protection and assistance program for "political" detainees. ASSISTANCE FOR REFUGEES SETTUNG IN ISRAEL

SEC. 107. Of the amounts authorized to be appropriated by paragraph (4) of section 102 of this Act, $12,500,000 for the fiscal year 1982 and $16,875,000 for the fiscal year 1983 shall be available only for assistance for the resettlement in Israel of refugees from the Union of Soviet Socialist Republics, from Communist countries in Eastern Europe, and from other countries. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

SEC. 108. (a) The Congress finds that— (1) a free press is vital to the functioning of free governments; (2) Article 19 of the Universal Declaration of Human Rights provides for the right to freedom of expression and to "seek, receive, and impart information and ideas through any media and regardless of frontiers"; (3) the Constitution of the United Nations Educational, Scientific and Cultural Organization provides for the promotion of "the free flow of ideas by word and image"; (4) the signatories of the Final Act of the Conference on Security and Cooperation in Europe (Helsinki, 1975) pledged themselves "to facilitate the freer and wider dissemination of information of all kinds, to encourage co-operation in the field of information and the exchange of information with other countries, and to improve the conditions under which journalists from one participating State exercise their profession in another participating State; and (5) government censorship, domination, or suppression of a free press is a danger to free men and women everywhere. (b) Therefore, it is the sense of the Congress that the United Nations Educational, Scientific and Cultural Organization should

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