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95 STAT. 733

senting public interest groups, and other persons and organizations which have an interest in public broadcasting. (h) The Commission shall be exempt from section 10(e), section 10(f), and section 14 of the Federal Advisory Committee Act (5 U.S.C. Appendix). (i) The Commission shall submit a report to the Congress contain- Report to ing the results of the study required in'subsection (a)(1) not later than Congress. July 1, 1982. Such report shall include an evaluation of each option with respect to the development of additional sources of revenue, and shall include recommendations for such legislative or other action as the Commission considers necessary or appropriate. (j)(1) Except as provided in paragraph (2), the Commission shall Termination, terminate at the end of the 90-day period following the date of the submission of the report required in subsection (i). (2) If the Commission decides to establish the demonstration program specified in section 1233, then the Commission shall reconvene after the termination of the demonstration program conducted under section 1233 for the purpose of carrying out the functions of the Commission specified in section 1233(e). The Commission shall terminate at the end of the 90-day period following the date of the submission of the report required in section 1233(e). DEMONSTRATION PROGRAM REGARDING ADVERTISING

SEC. 1233. (a) The Temporary Commission on Alternative Financ- 47 USC 396 note, ing for Public Telecommunications established in section 1232 may establish a demonstration program in accordance with this section for the purpose of determining the feasibility of permitting public television station licensees and public radio station licensees to broadcast advertising announcements. If the Commission decides to establish such demonstration program, then the Commission shall establish and carry out such demonstration program in accordance with the provisions of subsection (b) through subsection (f). (b)(l)(A) The Commission shall establish the demonstration program as soon as practicable after the date of the enactment of this Act. The Commission shall permit public broadcast station licensees to begin the broadcasting of qualifying advertising not later than January 1, 1982, except that such licensees may begin such advertising before such date if the Commission completes the establishment of the demonstration program before such date. (B) Such broadcasting of qualifying advertising shall be carried out Termination, during the 18-month period beginning January 1, 1982 (or beginning on such earlier date as may be authorized by the Commission under subparagraph (A)), except that such broadcasting of qualifying advertising shall terminate not later than June 30, 1983. The demonstration program shall terminate at the end of such period. (2)(A) The Corporation for Public Broadcasting, in consultation with the Commission, shall select not more than 10 public television station licensees and not more than 10 public radio station licensees to participate in the demonstration program. (B) Such selection shall be made from among licensees which have expressed to the Corporation a desire to participate in the demonstration program, except that any public television station licensee or public radio station licensee which is represented on the Commission under section 1232(b)(3) shall not be eligible to participate in the demonstration program.

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 95 STAT. 734

26 USC 501.

Regulations.

PUBLIC LAW 97-35—AUG. 13, 1981 (C) If a licensee elects not to participate in the demonstration program, after receiving notice of its selection from the Corporation, then the Corporation shall select an alternate licensee. (D) The exemption from income tax of any public broadcast station licensee under section 501(a) of the Internal Revenue Code of 1954, relating to exemption from taxation, shall not be affected by the participation of such licensee in the demonstration program. (3) The Corporation shall make selections under paragraph (2), to the extent practicable, in a manner which ensures that— (A) a representative geographical distribution of public broadcast station licensees will be achieved; (B) licensees serving audiences and markets of various sizes will participate in the demonstration program; (C) licensees with operating budgets of various sizes will participate in the demonstration program; (D) different types of licensees will participate in the demonstration program; and (E) in the case of public radio station licensees, licensees with different types of programming formats will participate in the demonstration program. (c) Each public television station licensee or public radio station licensee which is selected by the Corporation for Public Broadcasting under subsection (b) shall be authorized to broadcast qualifying advertising in accordance with subsection (d). (d)(l)(A) Except as provided in subparagraph (B), any qualifying advertising announcement which is broadcast by any public television station licensee or any public radio station licensee may be broadcast only at the beginning or at the end of regular programs, and may not interrupt regular programs. (B) In the case of any regular program which is 2 or more hours in duration, any public radio station licensee may broadcast (subject to paragraph (2)) a qualifying advertising announcement during the program, but only (i) during a break in the program scheduled for station identification; or (ii) at other times which will not unduly disrupt the program. (2) Any qualifying advertising announcements which are broadcast consecutively by any public television station licensee or any public radio station licensee may not exceed 2 minutes in duration. Such licensees may not engage in any such consecutive broadcasts of qualifying advertising announcements more than once during any 30-minute period. (3)(A) The Commission shall prescribe regulations which specify the t3T)es of advertisements which may be broadcast by licensees during the demonstration program. The Commission may authorize licensees participating in the demonstration program to broadcast institutional advertisements and advertisements relating to specific products, services, or facilities. Licensees shall not be authorized or required to broadcast any advertisement which— (i) is intended to promote any opinion or point-of-view regarding any matter of public importance or interest, any political issue, or any matter relating to religion; or (ii) is intended to support or oppose any candidate for political office. (B) The Federal Communications Commission shall have authority to determine in disputed cases whether any advertising announcement shall be considered to be qualifying advertising for purposes of this section.

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 735

(4) The Commission shall prescribe regulations which establish Regulations. requiremente relating to the sale of broadcast time for advertisements during the demonstration program. Such regulations may authorize— (A) the assignment of broadcast time for advertisements through a ^rstem of random selection; (B) the sme of broadcast time for advertisements which will be broadcast at the beginning or at the end of particular programs, or during particular portions of the broadcast day; or (C) any other method for the sale of broadcast time which the Commission considers appropriate. (5) The Commission shall have authority to prescribe regulations under paragraph (3) and paragraph (4) which establish different criteria and requirements applicable to the various licensees participating in the demonstration program, to the extent the Commission considers the establishment of such different criteria and requirements to be necessary to assist the Commission in preparing the report, and making the recommendations, required in subsection (e). (6) Any issue regarding compliance with the provisions of this subsection shall be resolved by the Federal Communications Commission in accordance with its authority under the Communications Act of 1934 (47 U.S.C. 151 et seq.). (e)(1) The Commission, as soon as practicable after the termination Report to of the demonstration program under subsection (b)(l)(A), shall ana- Congress. lyze the results of the demonstration program and shall submit a report to each House of the Congress regarding the demonstration program. Such report shall be submitted not later than October 1, 1983, and shall include— (A) an examination of whether qualifying advertising had any influence or effect upon programming broadcast by the public broadcast station licensees involved; (B) an analysis of the reaction of audiences to the broadcasting of such qualiQring advertising; (C) an examination of the extent to which businesses and other organizations engaged in the purchase of broadcast time for the broadcast of qualifying advertising; (D) an analysis of whether the broadcasting of qualifying advertising had any impact upon the underwriting of programs; and (E) any other findings or information which the Commission considers appropriate. (2) Such report also shall include such recommendations for legislative or other action as the Commission considers appropriate, including a recommendation regarding whether public broadcast stations should be permitted to broadcast qualifying advertising on a permanent basis. Definitions. (f) For purposes of this section: (1) The term "Commission" means the Temporary Commission on Alternative Financing for Public Telecommunications established in section 1232. (2) The term "demonstration program" means the demonstration program which the Commission is authorized to establish in accordance with this section. (3) The terms "public broadcast station", "public television station", and "public radio station" have the same meaning as the term "public broadcast station" in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)).

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Page:United States Statutes at Large Volume 95.djvu/762

 95 STAT. 736

PUBLIC LAW 97-35—AUG. 13, 1981 (4) The term "qualifying advertising" means any type of advertising specified by the Commission under subsection (d)(3)(A). TECHNICAL AMENDMENTS

SEC. 1234. (a) Section 396(g) of the Communications Act of 1934 (47 U.S.C. 396(g)) is amended by striking out paragraph (5) thereof, and by redesignating paragraph (6) as paragraph (5). (b) Section 397(15) of the Communications Act of 1934 (47 U.S.C. 397(15)) is amended by striking out ", Education, and Welfare" and inserting in lieu thereof "Human Services". CHAPTER 2-TELEVISION AND RADIO BROADCASTING TELEVISION AND RADIO UCENSE TERMS

Effective date. 47 USC 307 note.

SEC. 1241. (a) Section 307(d) of the Communications Act of 1934 (47 U.S.C. 307(d)) is amended— (1) by inserting "television" after "operation of a"; (2) by striking out "three years" each place it appears therein and inserting in lieu thereof "five years"; (3) by inserting "(other than a radio broadcasting station)" after "class of station"; (4) by inserting after the first sentence thereof the following new sentence: "£Ach license granted for the operation of a radio broadcasting station shall be for a term of not to exceed seven years."; (5) by inserting "television" after "in the case of* the first place it appears therem; (6) by inserting "for a term of not to exceed seven years in the case 01 radio broadcasting station licenses," after "licenses," the first place it appears therein; and (7) by inserting "for a term o f after "and" the third place it £^)ears therein. (b) The amendments made in subsection (a) shall apply to television and radio broadcasting licenses granted or renewed by the Federal Communications Commission after the date of the enactment of this Act. GRANTING OF CERTAIN INITIAL UCENSES AND PERMITS BASED ON SYSTEM OF RANDOM SELECTION

47 USC 308.

47 USC 409. Rules.

SEC. 1242. (a) Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end thereof the following new subsection: "(i)(1) If there is more than one applicant for any initial license or construction permit which will involve any use of the electromagnetic spectrum, then the Commission, after determining the qualifications of each such applicant under section 308(b), shall have authority to grant such license or permit to a qualified applicant through the use of a system of random selection. "(2) The determination of the Commission under paragraph (1) with respect to the qualifications of applicants for an initial license or construction permit shall be made after notice and opportunity for a hearing, except that the provisions of section 409(c)(2) shall not apply in the case of any such determination. "(3)(A) The Commission shall establish rules and procedures to ensure that, in the administration of any system of random selection

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 737

under this subsection, groups or organizations, or members of groups or organizations, which are underrepresented in the ownership of telecommunications facilities or properties will be granted significant preferences. "(B) The Commission shall have authority to require each qualified applicant seeking a significant preference under subparagraph (A) to submit to the Commission such information as may be necessary to enable the Commission to make a determination regarding whether such applicant shall be granted such preference. Such information shall be submitted in such form, at such times, and in accordance with such procedures, as the Commission may require. "(4)(A) The Commission, not later than 180 days after the effective Rules on random date of this subsection, shall, after notice and opportunity for hear- selection. ing, prescribe rules establishing a system of random selection for use by the Commission under this subsection in any instance in which the Commission, in its discretion, determines that such use is appropriate for the granting of any license or permit in accordance with paragraph (1). "(B) The Commission shall have authority to amend such rules from time to time to the extent necessary to carry out the provisions of this subsection. Any such amendment shall be made after notice and opportunity for hearing.". (b) The Commission shall have authority to use the system of 47 USC 309 note. random selection established by the Commission under section 309(i) of the Communications Act of 1934, as added in subsection (a), with respect to any application for an initial license or construction permit which will involve any use of the electromgignetic spectrum and which— (1) isfiledwith the Commission after the date of the enactment of this Act;or (2) is pending before the Commission on such date of enactment but has not been designated for hearing on or before such date of enactment. SPECIAL REQUIREMENTS RELATING TO BROADCASTING STATION UCENSE APPLICATIONS

SEC. 1243. Section 311 of the Communications Act of 1934 (47 U.S.C. 311) is amended by adding at the end thereof the following new subsection: "(d)(1) If there are pending before the Commission two or more applications for a license granted for the operation of a broadcasting station, only one of which can be granted, it shall be unlawful, without approval of the Commission, for the applicants or any of them to effectuate an agreement whereby one or more of such applicants withdraws his or their application or applications in exchange for the payment of money, or the transfer of assets or any other thing of value by the remaining applicant or applicants. "(2) The request for Commission approval in any such case shall be made in writing jointly by all the parties to the agreement. Such request shall contain or be accompanied by full information with respect to the E^eement, set forth in such detail, form, and manner as the Commission shall require. "(3) The Commission shall approve the agreement only if it determines that (A) the agreement is consistent with the public interest, convenience, or necessity; and (B) no party to the agreement filed its license application for the purpose of reaching or carrying out such agreement.

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 95 STAT. 738

PUBLIC LAW 97-35—AUG. 13, 1981 "(4) For purposes of this subsection, an application shall be deemed to be pending before the Commission from the time such application is filed with the Commission until an order of the Commission granting or denying it is no longer subject to rehearing by the Commission or to review by any court.".

CHAPTER 3—REGULATORY AGENCIES Subchapter A—Federal Communications Commission AUTHORIZATION OF APPROPRIATIONS

SEC. 1251. (a) The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by inserting after section 5 the following new section: "AUTHORIZATION OF APPROPRIATIONS

47 USC 156.

"SEC. 6. There is authorized to be appropriated for the administration of this Act by the Commission $76,900,000, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1982 and 1983 " (b) Section 4(g) of the Communications Act of 1934 (47 U.S.C. 154(g)) is amended by striking out "from time to time may be appropriated for by Congress" and inserting in lieu thereof "may be appropriated for by the Congress in accordance with the authorizations of appropriations established in section 6". MANAGING DIRECTOR OF COMMISSION; ANNUAL REPORT

Report to Congress.

SEC. 1252. Section 5 of the Communications Act of 1934 (47 U.S.C. 155) is amended by adding at the end thereof the following new subsections: "(f) The Commission shall have a Managing Director who shall be appointed by the Chairman subject to the approval of the Commission. The Managing Director, under the supervision and direction of the Chairman, shall perform such administrative and executive functions as the Chairman shall delegate. The Managing Director shall be paid at a rate equal to the rate then payable for level V of the Executive Schedule. "(g) The Commission shall submit an annual report to the Congress JJQ^ later than January 31 of each year. Such report shall— "(1) list the specific goals, objectives, and priorities of the Commission which shall be projected over 12-month, 24-month, and 36-month periods; "(2) describe in detail the programs which are, or shall be, established to meet or carry out such goals, objectives, and priorities; "(3) provide an evaluation of actions taken during the preceding year with regard to fulfilling the functions of the Commission; and "(4) contain recommendations for legislative action required to enable the Commission to meet its objectives.". UNIFORM SYSTEM OF ACCOUNTS

SEC. 1253. (a)(1) The Federal Communications Commission (hereinafter in this section referred to as the "Commission") shall complete

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95 STAT. 739

the rulemaking proceeding relating to the revision of the uniform system of accounts used by telephone companies (Common Carrier Docket 78-196; notice of proposed rulemaking adopted June 28, 1978, 43 Federal Register 33560) as soon as practicable after the date of the enactment of this Act. (2) Such uniform system shall require that each common carrier shall maintain a system of accounting methods, procedures, and techniques (including accounts and supporting records and memoranda) which shall ensure a proper allocation of all costs to and among telecommunications services, facilities, and products (and to and among classes of such services, facilities, and products) which are developed, manufactured, or offered by such common carrier. (b) The Commission shall submit a report to each House of the Report to Congress not later than one year after the date of the enactment of Congress. this Act. Such report shall include a summary of actions taken by the Commission in connection with the rulemaking proceeding specified in subsection (a), together with such other information as the Commission considers appropriate. Subchapter B—National Telecommunications and Information Administration AUTHORIZATION OP APPROPRIATIONS

SEC. 1255. There is authorized to be appropriated for the administration of the National Telecommunications and Information Administration $16,483,500, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for fiscal year 1982.

Subtitle C—Department of Commerce AUTHORIZATION OF APPROPRIATIONS

SEC. 1261. There are authorized to be appropriated to the Secretary of Commerce for expenses necessary for the general administration of the Department of Commerce not to exceed $33,472,300 for fiscal year 1982, $33,472,300 for fiscal year 1983, and $33,472,300 for fiscal year 1984.

TITLE XIII—INTERNATIONAL AFFAIRS Subtitle A—Public Law 480 APPROPRIATION LIMITS

SEC. 1301. Notwithstanding any other provision of law, programs ^ use 1733 note. shall not be undertaken under title I (including title III) and title II of the Agricultural Trade Development and Assistance Act of 1954 7 USC I70i, during any calendar year which call for an appropriation of more ^^^^' ^^^^• than $1,304,836,000 for the fiscal year 1982, $1,320,292,000 for the fiscal year 1983, and $1,402,278,000 for thefiscalyear 1984.

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 95 STAT. 740

PUBLIC LAW 97-35—AUG. 13, 1981 Subtitle B—International Development Banks PART 1—INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT INCREASE IN SUBSCRIPTION OF STOCK

SEC. 1311. The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at the end thereof the following new section: 22 USC 286e-ih. "SEC, 39. (a) The United States Governor of the Bank is authorized— "(1) to vote to increase by three hundred and sixty-five thousand shares the authorized capital stock of the Bank; and "(2) to subscribe on behalf of the United States to not more than seventy-three thousand and ten shares of the capital stock of the Bank: Provided, however, That not more than seven and one-half percent ($658,305,195) of the price of the shares subscribed may be paid in to the Bank on subscription, with the remainder of that price ($8,149,256,155) being subject to call only when a call on unpaid subscriptions is required to meet obligations of the Bank for funds borrowed or on loans guaranteed by it and not for use by the Bank in its lending activities or for administrative expenses: Provided further. That any subscription to such additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. Appropriation "(b) In Order to pay for the paid-in portion of the United States authorization. subscription to the Bank provided for in this section, there is authorized to be appropriated, without fiscal year limitation, $658,305,195 for payment by the Secretary of the Treasury: Provided, however. That not more than $109,720,549 of such sum may be made available for each of the fiscal years 1982, 1983, and 1984.". FUTURE SUBSCRIPTIONS OF STOCK

SEC. 1312. Section 27(a)(2) of the Bretton Woods Agreements Act (22 U.S.C. 286e-lf[aX2)) is amended by striking out "That any subscription to additional shares shall be made only after the amount required for such subscription has been appropriated" and inserting in lieu thereof "That any subscription to additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts". PART 2—INTERNATIONAL DEVELOPMENT ASSOCIATION SIXTH REPLENISHMENT

22 USC 284o.

SEC. 1321. The International Development Association Act (22 U.S.C. 284 et seq.) is amended by adding at the end thereof the following new section: "SEC. 17. (a) The United States Governor is authorized to agree on behalf of the United States to pay to the Association $3,240,000,000 as the United States contribution to the sixth replenishment of the resources of the Association: Provided, however. That any commitment to make such contributions shall be made subject to obtaining the necessary appropriations.

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95 STAT. 741

"(b) In order to pay for the United States contributions provided for in this section, there is authorized to be appropriated, without fiscal year limitation, $3,240,000,000 for payment by the Secretary of the Treasury: Provided, however, That not more than $850,000,000 of such sum may be made available for the fiscal year 1982 and not more than $945,000,000 of such sum may be made available for the fiscal year 1983.".

Appropriation authorization.

PART 3—AFRICAN DEVELOPMENT BANK

African Development Bank Act.

SHORT TITLE

SEC. 1331. This part may be cited as the "African Development Bank Act".

22 USC 290i note.

ACCEPTANCE OF MEMBERSHIP

SEC. 1332. The President is hereby authorized to accept membership for the United States in the African Development Bank (hereinafter in this part referred to as the "Bank") provided for by the agreement establishing the Bank (hereinafter in this part referred to as the "agreement") deposited in the archives of the United Nations.

22 USC 290i.

GOVERNOR AND ALTERNATE GOVERNOR

SEC. 1333. (a) The President, by and with the advice and consent of the Senate, shall appoint a Governor and an Alternate Governor of the Bank. The term of office for the Governor and the Alternate Governor shall be five years, subject at any time to termination of appointment or to reappointment. The Governor and Alternate Governor shall remain in office until a successor has been appointed. (b) No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor or Alternate Governor, except for reasonable expenses to attend meetings of the Board of Governors. (c) The Governor, or in the Governor's absence the Alternate Governor, on the instructions of the President, shall cast the votes of the United States for the Director to represent the United States in the Bank.

Appointment. 22 USC 290i-l.

DIRECTOR OR ALTERNATE DIRECTOR; ALLOWANCES

SEC. 1334. The Director or Alternate Director representing the 22 USC 290i-2. United States, if citizens of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received from the Bank and from the African Development Fund, may not exceed those authorized for a 22 USC 3901 chief of mission under the Foreign Service Act of 1980. note.

APPLICABILITY OF BRETTON WOODS AGREEMENTS ACT

SEC. 1335. The provisions of section 4 of the Bretton Woods 22USe290i-3. Agreements Act (22 U.S.C. 286b) shall apply with respect to the Bank to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund. Reports with respect to the Bank under paragraphs (5) and (6) of section 4 of that Act shall be included in the first and subsequent reports made thereunder after the United States accepts membership in the Bank.

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 95 STAT. 742

PUBLIC LAW 97-35—AUG. 13, 1981 RESTRICTIONS

22 USC 290i-4.

SEC. 1336. (a) Unless authorized by law, neither the President, nor any person or agency, shall, on behalf of the United States— (1) subscribe to additional shares of stock of the Bank; (2) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which changes the purpose or functions of the Bank; or (3) make a loan or provide other financing to the Bank, except that funds for technical assistance may be provided to the Bank by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations. FEDERAL RESERVE BANKS AS DEPOSITORIES

22 USC 290i-5.

SEC. 1337. Any Federal Reserve bank which is requested to do so by the Bank shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks. SUBSCRIPTION OP STOCK

22 USC 290i-6.

Appropriation authorization.

SEC. 1338. (a) The President is authorized to agree to subscribe on behalf of the United States to twenty-nine thousand eight hundred and twenty shares of the capital stock of the Bank: Provided, however, That the subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. (b) There is authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury of the initial United States subscription to twenty-nine thousand eight hundred and twenty shares of the capital stock of the Bank, $359,733,570: Provided, however. That not more than $17,986,679 of such sum may be made available for paid in subscriptions to the Bank for each of the fiscal years 1982, 1983, and 1984. (c) Any payment or distributions of moneys from the Bank to the United States shall be covered into the Treasury as a miscellaneous receipt. JURISDICTION OF UNITED STATES COURTS

22 USC 290i-7.

SEC. 1339. For the purposes of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the agreement, the Bank shall be deemed to be an inhabitant of the Feder^ judicial district in which its principal office within the United States or its agent appointed for the purpose of accepting service or notice of service is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, United States Code, shall have original jurisdiction of any such action. When the Bank is defendant in any action in a State court, it may at any time before the trial thereof remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28, United States Code.

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95 STAT. 743

EFFECTIVENESS OF AGREEMENT

SEC. 1340. Paragraph 5 of article 49, articles 50 through 59, and the 22 USC 290i-8. other provisions of the agreement shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in the Bank. The President, at the time of deposit of the instrument of acceptance of membership by the United States in the Bank, shall also deposit a declaration as provided in article 64, paragraph 3, of the agreement that the United States retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to United States citizens or nationals. SECURITIES ISSUED BY THE BANK

SEC. 1341. (a) Any securities issued by the Bank (including any 22 USC 290i-9. guarantee by the Bank, whether or not limited in scope) in connection with the raising of funds for inclusion in the Bank's ordinary capital resources as defined in article 9 of the agreement and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article 7, paragraph 4(a), of the agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of section 3(a)(2) of the Securities Act of 1933 (15 U.S.C. 77c) and section 3(a)(12) of the Securities Exchange Act of 1934 (15 U.S.C. 78c). The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations as necessary in the public interest or for the protection of investors. (b) The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission. TECHNICAL AMENDMENTS

SEC. 1342. (a) The seventh sentence of paragraph 7 of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended by striking out "or" after "the Inter-American Development Bank" and inserting in lieu thereof a comma, and by inserting "or the African Development Bank" after "the Asian Development Bank". (b) Section 701(a) of Public Law 95-118 (22 U.S.C. 262d(a)) is amended by striking out "and" after "the African Development Fund," and inserting "and the African Development Bank, after "the Asian Development Bank,". (c) Section 801(a) of Public Law 95-118 (22 U.S.C. 262f(a)) is amended by striking out "and" after "the African Development Fund," and inserting "and the African Development Bank, after "the Asian Development Bank,". (d) Section 51 of Public Law 91-599 (22 U.S.C. 276c-2) is amended by striking out "and" after "the Asian Development Bank," and inserting "and the African Development Bank," after "the African Development Fund,".

89-194 O—82

49:QL3

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PUBLIC LAW 97-35—AUG. 13, 1981 PART 4—INTER-AMERICAN DEVELOPMENT BANK AND ASIAN DEVELOPMENT BANK CONTRIBUTIONS TO THE INTER-AMERICAN DEVELOPMENT BANK

22 USC 283Z-2.

Appropriation authorization. 22 USC 283Z-1.

SEC. 1351. (a) The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is amended by adding at the end thereof the following new section: "SEC. 30. (a) The United States Governor of the Bank is authorized on behalf of the United States to contribute to the Fund for Special Operations $70,000,000: Provided, however. That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations. "(b) In order to pay for a portion of the increase in the United States subscription to the capital stock of the Bank provided for in section 29(a) and for the United States contribution to the Fund for Special Operations provided for in this section, there are authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury, (1) $274,920,799 for the United States subscription, and (2) $70,000,000 for the United States contribution to the Fund for Special Operations: Provided, however. That no funds may be made available for such contribution to the Fund for Special Operations for thefiscalyear 1982.", (b) Section 29(b) of the Inter-American Development Bank Act (22 U.S.C. 283z-l(b)) is amended by striking out the period and inserting in lieu thereof the following: ": Provided, however. That for contributions to the Fund for Special Operations, not more than $175,000,000 may be made available for the fiscal year 1982, and not more than $105,000,000 may be made available for the fiscal year 1983.". (c) Section 26(b) of the Inter-American Development Bank Act (22 U.S.C 283w(b)) is amended by striking out the period and inserting in lieu thereof the following: ": Provided, however. That not more than $15,677,000 may be made available to the Fund for Special Operations for thefiscalyear 1982.". CONTRIBUTIONS TO THE ASIAN DEVELOPMENT FUND

22 USC 285w.

Appropriation authorization.

SEC. 1352. (a) The Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at the end thereof the following new section: "SEC. 26. (a) The United States Governor of the Bank is authorized to contribute on behalf of the United States $66,750,000 to the Asian Development Fund, a special fund of the Bank: Provided, however. That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations. "(b) In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there is authorized to be appropriated, without fiscal year limitation, $66,750,000 for payment by the Secretary of the Treasury: Provided, however, That no funds may be made available for such contribution for the fiscal year 1982.". (b) Section 24(b) of the Asian Development Bank Act (22 U.S.C. 285u(b)) is amended by striking out the period and inserting in lieu thereof the following: ": Provided, however. That not more than $111,250,000 of such sum may be made available for the fiscal year 1982, and not more than $44,500,000 of such sum may be made available for thefiscalyear 1983.".

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(c) Section 23(b) of the Asian Development Bank Act (22 U.S.C. 285t(b)) is amended by striking out the period and inserting in lieu thereof the following: ": Provided, however, That not more than $14,116,177 may be made available for such contribution for the fiscal year 1982.". FUTURE SUBSCRIPTIONS OF STOCK TO THE ASIAN DEVELOPMENT BANK

SEC. 1353. Section 22(a) of the Asian Development Bank Act (22 U.S.C. 285s(a)) is amended by striking out '.'That any subscription to additional shares shall be made only after the amount required for such subscription has been appropriated" and inserting in lieu thereof "That any subscription to additional shares shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts". PART 5-TARGETING ASSISTANCE TO THE NEEDY; CONGRESSIONAL CONSULTATIONS AMENDMENTS TO PUBLIC LAW 95-118

SEC. 1361. (a) Public Law 95-118 (22 U.S.C. 262c et seq.) is amended by inserting immediately after the enacting clause the following: "SHORT TITLE

1. This Act may be cited as the 'International Financial 22 USC 262c Institutions Act'". ^• (b) Public Law 95-118 is further amended by adding at the end thereof the following new titles: "SECTION

"TITLE XI-TARGETING ASSISTANCE TO THE NEEDY "SEC. 1101. (a) The Congress finds that there is a need for concerted 22 USC 262g-i. international efforts to deal with the problems of malnutrition, low life expectancy, childhood disease, underemployment, and low productivity in developing countries. "(b) The Congress notes with approval that the Inter-American Development Bank, under the terms of its Fifth Replenishment, has adopted the target that 50 percent of its lending benefit the poorest groups and has developed a usable methodology for determining the proportion of its lending which benefits such groups. "SEC. 1102. (a) The Secretary of the Treasury shall consult with 22 USC 262g-2. representatives of other member countries of the International Bank for Reconstruction and Development, the International Development Association, the Asian Development Bank, the African Development Fund, and the African Development Bank (if the United States becomes a member of that Bank), for the purpose of establishing guidelines within each of those institutions which specify that, in a manner consistent with the purposes and charters of those institutions, a specified proportion of the annual lending by each institution shall be designed to benefit needy people, primarily by financing sound, efficient, productive, self-sustaining projects designed to benefit needy people in developing countries, thus helping poor people improve their conditions of life. "(b) The Congress finds that projects to construct basic infrastructure, to expand productive capacity (including private enterprise), and to address social problems can all meet the objectives of this

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 95 STAT. 746 "Needy people.'

Report to Congress. 22 USC 262g-2 note.

PUBLIC LAW 97-35—AUG. 13, 1981 section if they are designed and implemented properly. For the purposes of this title, 'needy people' means those people living in absolute' or 'relative' poverty as determined under the standards employed by the International Bank for Reconstruction and Development and the International Development Association. "SEC. 1103. The Secretary of the Treasury shall, not later than May 1 of 1982, 1983, and 1984, report to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate on the progress being made toward achieving the goals of section 1102, and shall include in each such report, for each of the institutions referred to in sections 1101 and 1102, as accurate an estimate as is practicable of the proportion of the lending by that institution which benefits needy people in its borrower countries. "TITLE XII—CONGRESSIONAL CONSULTATIONS

22 USC 262g-3.

"SEC. 1201. The Secretary of the Treasury or his designee shall consult with the Chairman and the Ranking Minority Member of— "(1) the Committee on Banking, Finance and Urban Affairs of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the appropriate subcommittee of each such committee, and "(2) the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, and the appropriate subcommittee of each such committee, for the purpose of discussing the position of the executive branch and the views of the Congress with respect to any international negotiations being held to consider future replenishments or capital expansions of any multilateral development bank which may involve an increased contribution or subscription by the United States. Such consultation shall be made (A) not later than 30 days before the initiation of such international negotiations, (B) during the period in which such negotiations are being held, in a frequent and timely manner, and (C) before a session of such negotiations is held at which the United States representatives may agree to such a replenishment or capital expansion.". PART 6—MISCELLANEOUS PROVISIONS ELIMINATION OF CERTAIN REPORTS

Repeal.

SEC. 1371. (a)(1) Section 31 of the Bretton Woods Agreements Act (22 U.S.C. 286e-10) is repealed. (2) Section 35 of that Act (22 U.S.C. 286u) is amended by striking out ", and shall report" and all that follows through "goal". (b)(1) Section 801 of Public Law 95-118 (22 U.S.C. 262f) is amended— (A) by striking out "(a)"; and (B) by repealing subsection (b). (2) Section 901 of that Act (22 U.S.C. 262g) is amended— (A) by striking out "(a)"; and (B) by repealing subsection (b).

•'".*'

EFFECTIVE DATE AND AVAILABILITY OF FUNDS 22 USC 290i note.

SEC. 1372. This subtitle shall take effect upon its enactment, except that funds authorized to be appropriated by any provision contained

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in part 1 or part 4 shall not be available for use or obligation prior to October 1, 1981.

Subtitle C—Foreign Assistance and Foreign Affairs Agencies AUTHORIZATION CEIUNGS

SEC. 1381. The following ceilings are hereby established: (1) AMERICAN SCHOOLS AND HOSPITALS ABROAD: The amount authorized to be appropriated for the fiscal year 1982 to carry out section 214 of the Foreign Assistance Act of 1961 shall not exceed $20,000,000. (2) INTERNATIONAL ORGANIZATIONS AND PROGRAMS: The amount authorized to be appropriated for the fiscal year 1982 under section 302(a)(l) of the Foreign Assistance Act of 1961 shall not exceed $255,650,000. (3) INTERNATIONAL NARCOTICS CONTROL: The amount authorized to be appropriated for the fiscal year 1982 to carry out section 481 of the Foreign Assistance Act of 1961 shall not exceed $37,700,000. (4) INTERNATIONAL DISASTER ASSISTANCE: The amount authorized to be appropriated for the fiscal year 1982 under section 492 of the Foreign Assistance Act of 1961 to carry out section 491 of that Act shall not exceed $27,000,000. (5) INTER-AMERICAN FOUNDATION: The amount authorized to be appropriated for the fiscal year 1982 to carry out section 401 of the Foreign Assistance Act of 1969 shall not exceed $12,000,000. (6) PEACE CORPS: The amount authorized to be appropriated for the fiscal year 1982 under section 3(b) of the Peace Corps Act to carry out that Act shall not exceed $105,000,000.

22 USC 2174 note. 22 USC 2174. 22 USC 2222 note. 22 USC 2222. 22 USC 2291a note. 22 USC 2291.

22 USC 2292a note.

22 USC 2292a. 22 USC 2292. 22 USC 290f note.

290f.

22 USC 2502 22 USC note.

22 USC

2502.

(7) INTERNATIONAL ORGANIZATIONS AND CONFERENCES—ASSESSED CONTRIBUTIONS: The amount authorized to be appropri-

ated for the fiscal year 1982 for assessed contributions to international organizations under "International Organizations and Conferences" shall not exceed $454,591,000. (8) BOARD FOR INTERNATIONAL BROADCASTING: The amount 22 USC 2877 authorized to be appropriated for the fiscal year 1982 under note. section 8(a)(l)(A) of the Board for International Broadcasting Act of 1973 to carry out that Act shall not exceed $98,317,000. 22 USC 2877. (9) INTERNATIONAL COMMUNICATION AGENCY—SALARIES AND 22 USC 1477b EXPENSES: The amount authorized to be appropriated for the note.

fiscal year 1982 for salaries and expenses for the International Communication Agency, excluding amounts authorized by section 704 of the United States Information and Educational Exchange Act of 1948 (relating to nondiscretionary personnel costs and currency fluctuations), shall not exceed $452,187,000. (10) ARMS CONTROL AND DISARMAMENT AGENCY: The amount authorized to be appropriated for the fiscal year 1982 under section 49(a)(l) of the Arms Control and Disarmament Act to carry out the purposes of that Act (other than the amounts necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs, and to offset adverse fluctuations in foreign currency exchange rates) shall not exceed $18,268,000.

22 USC 1477b. 22 USC 2589 note. 22 USC 2589.

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PUBLIC LAW 97-35—AUG. 13, 1981

TITLE XIV—DEPARTMENT OF INTERIOR AND RELATED PROGRAMS Appropriation limitations. 43 USC 1457a.

SEC. 1401. (a) Notwithstanding any other provision of law, there shall not be appropriated to the Secretary of the Interior for Department of the Interior programs as defined in subsection (e) in excess of $4,095,404,000 for the fiscal year ending on September 30, 1981; in excess of $3,970,267,000 for the fiscal year ending on September 30, 1982; $4,680,223,000 for the fiscal year ending on September 30, 1983; and $4,797,281,000 for the fiscal year ending on September 30, 1984. (b) It is the sense of the Congress that the appropriation targets for such fiscal years should be: not less than $275,000,000 to be appropriated annually pursuant to the provisions of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 460z); not less than $30,000,000 to be appropriated annually pursuant to the provisions of the National Historic Preservation Act of 1966 (80 Stat. 915; 16 U.S.C. 470); not less than $10,000,000 to be appropriated annually pursuant to the provisions of the Urban Park and Recreation Recovery Act of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.); not less than $105,000,000 to be appropriated annually to be used for the restoration and rehabilitation of units of the National Park System, as authorized by law; not less than $239,000,000 to be appropriated annually for the Office of Territorial and International Affairs (including amounts for the Trust Territory of the Pacific Islands); not less than $6,200,000 to be appropriated annually to carry out the provisions of title III of the Surface Mining Control and Reclamation Act of 1977 (91 Stat. 445); and not less than $100,000,000 to be 30 USC 1221. appropriated annually pursuant to the Act of October 20, 1976 (90 Stat. 2662; 31 U.S.C. 1601, et seq.) including not less than $5,000,000 annually to carry out the purposes of section 3 of said Act. (c) Notwithstanding the limitation otherwise imposed by subsection (a) of this section— (1) the authorization for obligation and appropriations for the Department of the Interior may exceed the amount specified in subsection (a) by such amount as permanent and annual indefinite appropriations exceed the estimates for such appropriations as contained in "The Budget of the United States Government, Fiscal Year 1982," as revised by the March 1981, publication of the Office of Management and Budget entitled "Fiscal Year 1982 Budget Revisions", when receipts available to be appropriated equal or exceed such appropriations, and (2) the authorization for obligation and appropriations for the Department of the Interior may exceed the amount specified in subsection (a) by such amounts as may be required for emergency firefighting and for increased pay costs authorized by law. Noncompetitive (d)(1) Notwithstanding any other provision of law, effective Octooil and ber 1, 1981, all applications for noncompetitive oil and gas leases shall gas leases, application filing be accompanied by a filing fee of not less than $25 for each such application: Provided, That any increase in the filing fee above $25 43 USC 1734 shall be established by regulation and subject to the provisions of the note. Act of August 31, 1951 (65 Stat. 290), the Act of October 20, 1976 (90 31 USC 483a. Stat. 2765) but not limited to actual costs. Such fees shall be retained 43 USC 1734. as a service charge even though the application or offer may be rejected or withdrawn in whole or in part. study. (2) The Secretary of the Interior is hereby directed to conduct a Report to study and report to Congress within one year of the date of enactment Congress. of this Act, regarding the current annual rental charges on all

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95 STAT. 749

noncompetitive oil and gas leases to investigate the feasibility and effect of raising such rentals. (e) For the purposes of this section, the term "Department of the Interior programs" means— (1) Alaska Native Fund amounts included in Bureau of Indian Affairs programs funded from Miscellaneous Trust Funds and Miscellaneous Permanent Appropriations accounts; (2) Bureau of Land Management programs; (3) Bureau of Mines programs; (4) National Park Service programs other than the John F. Kennedy Center for the Performing Arts (including those programs formerly administered by the Heritage Conservation and Recreation Service as of October 1, 1980); (5) Offices of the Solicitor and the Secretary; (6) Office of Surface Mining Reclamation and Enforcement programs; (7) Office of Territorial Affairs programs; (8) United States Geological Survey programs; and (9) Bureau of Reclamation (including those programs formerly administered by the Water and Power Resources Service).

"Department of the Interior programs." 43 USC 1457a.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SEC. 1402. Notwithstanding any other provision of law, there shall not be appropriated for programs of the Advisory Council on Historic Preservation in excess of $1,590,000 for thefiscalyear ending September 30, 1981; in excess of $1,865,000 for the fiscal year ending on September 30, 1982; in excess of $1,920,000 for the fiscal year ending on September 30, 1983; and in excess of $2,000,000 for the fiscal year ending on September 30, 1984.

16 USC 470t note.

OFFICE OF FEDERAL INSPECTOR FOR THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM

SEC. 1403. Notwithstanding any other provision of law, there shall not be appropriated for programs of the Office of Federal Inspector for the AlasKa Natural Gas Transportation System in excess of $21,038,000 for the fiscal year ending September 30, 1981; $36,568,000 for the fiscal year ending September 30, 1982; in excess of $45,532,000 for the fiscal year ending on September 30, 1983, or $46,908,000 for the fiscal year ending on September 30, 1984.

15 USC 719e note.

PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

SEC. 1404. Notwithstanding any other provision of law, there shall not be appropriated for programs of the Pennsylvania Avenue Development Corporation in excess of $31,612,000 for the fiscal year ending September 30, 1981; in excess of $19,040,000 for the fiscal year ending on September 30, 1982; in excess of $19,500,000 for the fiscal year ending on September 30, 1983; or in excess of $19,300,000 for the fiscal year ending September 30, 1984.

40 USC 885 note.

UNITED STATES HOLOCAUST MEMORIAL COUNCIL

SEC. 1405. Notwithstanding any other provision of law, there shall not be appropriated for programs of the United States Holocaust Memorial Council in excess of $900,000 for the fiscal year ending on September 30, 1982, in excess of $950,000 for the fiscal year ending on

36 USC 1408 note.

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 95 STAT. 750

PUBLIC LAW 97-35—AUG. 13, 1981 September 30, 1983, or in excess of $1,000,000 for the fiscal year ending on September 30, 1984. CORPS OF ENGINEERS

16 USC 460/-6a "

SEC. 1406. Notwithstanding any other provision of law, there shall not be appropriated to the Secretary of Defense for special recreational user fees programs of the corps of Engineers in excess of $5,000,000 for the Hscal year ending September 30, 1981; in excess of $5,200,000 for the fiscal year ending September 30, 1982; in excess of $6,000,000 for the fiscal year ending September 30, 1983; or in excess of $6,000,000 for the fiscal year ending September 30, 1984. YOUTH CONSERVATION CORPS ACT OF 1970

16 USC 1706 " 16 USC 1701.

SEC. 1407. No funds may be appropriated to carry out the Act of August 13, 1970, commonly referred to as the Youth Conservation Corps Act of 1970, for fiscal year 1982, 1983, or 1984.

TITLE XV—DEPARTMENT OF JUSTICE AND RELATED PROVISIONS AUTHORIZATION OF APPROPRIATIONS FOR SALARIES AND EXPENSES OF PATENT AND TRADEMARK OFFICE FOR FISCAL YEAR 1982

35 USC 3 note.

SEC. 1501. Notwithstanding any other provision of law, there are authorized to be appropriated for the payment of salaries and expenses of the Patent and Trademark Office $118,961,000 for the fiscal year ending September 30, 1982, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. LIMITATION ON APPROPRIATIONS FOR REFUGEE ASSISTANCE FOR FISCAL YEAR 1982

8 USC 1524 note. 8 USC 1521. 8 USC 1522.

SEC. 1502. The total amount of appropriations to carry out— (1) chapter 2 of title IV of the Immigration and Nationality Act (relating to refugee assistance), other than section 412(b) thereof (relating to initial resettlement assistance), and 8 USC 1522 note. (2) sections 313(c) and 401 of the Refugee Act of 1980 (Public Law 96-212), shall not exceed $583,705,000 for fiscal year 1982, and none of the amounts appropriated for fiscal year 1982 to carry out such provisions shall be available to carry out any of the provisions of Public 8 USC 1522 note. Law 96-422. JUVENILE J U S T I C E AND DELINQUENCY PREVENTION ACT OF 1974

42 USC 5671 "°*® 42 USC 5611.

SEC. 1503. The total a m o u n t of appropriations to carry out title II of the J u v e n i l e Justice and Delinquency Prevention Act of 1974 shall not exceed $77,000,000 for fiscal year 1982; $77,500,000 for fiscal year 1983; and $74,900,000 for fiscal year 1984.

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 751

TITLE XVI—MARITIME AND RELATED PROGRAMS SEC. 1601. Funds are authorized to be appropriated without fiscal Appropriation year limitation as the appropriation Act may provide for the use of authorization. the Department of Commerce of fiscal year 1982, as follows: (1) for payment of obligations incurred for operating differential subsidy, $417,148,000; (2) for research and development, $10,491,000; (3) for operations and training, $74,898,000 including— (A) $8,005,000 for reserve fleet expenses; (B) $33,684,000 for maritime education and training expenses, including $19,205,000 for maritime training at the Merchant Marine Academy at Kings Point, New York, $12,599,000 for financial assistance to State maritime academies and $1,880,000 for expenses necessary for additiongd training; and (C) $33,209,000 for other operating and training expenses. SEC. 1602. There are authorized to be appropriated for the fiscal Appropriation year 1982, in addition to the amounts authorized by section 1601, such authorization. supplemental amounts for the activities for which appropriations are authorized under section 1601, as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. SEC. 1603. The Merchant Marine Act, 1936, as amended (46 tJ.S.C. 1101-1294), is further amended by adding a new section 614 to read as follows: "SEC. 614. (a) Any operator receiving operating differential subsidy Operating funds may elect, for all or a portion of its ships, to suspend its differential operating differential subsidy contract with all attendant statutory subsidy contract. 46 USC 1184. and contractual restrictions, except as to those pertaining to the domestic intercoastal or coastwise service, including any agreement providing for the replacement of vessels, if— "(1) the vessel is less than ten years of age; "(2) the suspension period is not less than twelve months; "(3) the operator's financial condition is maintained at a level acceptable to the Secretary of Commerce; and "(4) the owner agrees to pay to the Secretary, upon such terms and conditions as he may prescribe, an amount which bears the same proportion to the construction differential subsidy paid by the Secretary as the portion of the suspension period during which the vessel is operated in any preference trade from which a subsidized vessel would otherwise be excluded by law or contract bears to the entire economic life of the vessel. "(b) Any operator making an election under this section is entitled to full reinstatement of the suspended contract on request. The Secretary of Commerce may prescribe rules and regulations consistent with the purpose of this section.". SEC. 1604. Section 809(a) of the Merchant Marine Act, 1936 (46 U.S.C. 1213(a)) is amended by inserting after the second sentence the following: "For the purposes of this section and section 211(a), the 46 USC 1121 Secretary shall establish trade routes, services, or lines that take into account the seasonal closure of the Saint Lawrence Seaway and provide for alternate routing of ships via a diffferent range of ports during that closure so as to maintain continuity of service on a yearround basis. For the purposes of section 605(c), such an alternate 46 USC 1175 routing via a different range of ports shall be deemed to be service from Great Lakes ports, provided such alternative routing is based

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46 USC 1248.

46 USC 1273 and note. Limitation.

46 USC 1279c.

"Independent ocean freight forwarder."

46 USC 841b.

"Independent ocean freight forwarder." 46 USC 801 and note.

PUBLIC LAW 97-35—AUG. 13, 1981 upon receipt or delivery of cargo at Great Lakes-Saint Lawrence Seaway ports under through intermodal bills of lading. SEC. 1605. The Merchant Marine Act, 1936 is amended by adding a new section 909 to read as follows: "SEC. 909. No vessel may receive construction differential subsidy or operating differential subsidy if it is not offered for enrollment in a sealift readiness program approved by the Secretary of Defense.". SEC. 1606. (a) Section 203(b) of Public Law 96-320 (94 Stat. 994) is repealed. (b) Section 1103(f) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1273), is amended to read as follows: "(f) The aggregate unpaid principal amount of the obligations guaranteed under this section and outstanding at any one time shall not exceed $12,000,000,000, of which $1,650,000,000 shall be limited to obligations pertaining to commerical demonstration ocean thermal energy conversion facilities or plantships guaranteed under section 1110 of this title, and of which $850,000,000 shall be limited to obligations pertaining to guarantees of obligations for fishing vessels and fishery facilities made under this title." (c) Section 1104(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1274(d)), as amended— (1) in paragraph (1), by striking "Except as provided in paragraph (2), no an inserting in lieu thereof No"; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (d) Section 1104(g) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1274(g)) is amended— (1) by striking "(1)" immediately after "(g)"; and (2) by striking paragraph (2). (e) The first sentence of section 1105(d) of the Merchant Marine Act, as amended (46 U.S.C. 1275(d)), is amended by striking ", and shall be paid from the appropriate subfund required to be established under section 1104(g)(2)'^. (f) The last sentence of section 1110(c) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1279(c)), is amended by striking "$2,000,000,000" and inserting in lieu thereof "$1,650,000,000". SEC. 1607. Section 1303(h)(2)(D) of the Merchant Marine Act, 1936 (46 U.S.C. 1295b(h)(2)(D)), is amended by striking "1 Member" and inserting in lieu thereof "2 Members". SEC. 1608. (a) Section 1 of the Shipping Act, 1916 (39 Stat. 728), as amended (46 U.S.C. 801), is amended by striking at the end thereof the paragraph defining an independent ocean freight forwarder and inserting in lieu thereof the following: "The term 'independent ocean freight forwarder' means a person that is carrying on the business of forwarding for a consideration who is not a shipper, consignee, seller, or purchaser of shipments to foreign countries.'. (b) Section 44 of the Shipping Act, 1916 (75 Stat. 552; 46 U.S.C. 841(b)), is amended by adding at the end thereof the following new subsection: "(f) A forwarder may not receive compensation from a common carrier with respect to any shipment in which the forwarder has a beneficial interest or with respect to any shipment in which any holding company, subsidiary, affiliate, officer, director, agent, or executive of such forwarder has a beneficial interest.". (c) This section shall remain in effect until December 31, 1983, after which time the definition in section 1, Shipping Act, 1916, of 'independent ocean freight forwarder' shall read: An 'independent ocean freight forwarder' is a person carrying on the business of forwarding

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95 STAT. 753

for a consideration who is not a shipper or consignee or a seller or purchaser of shipments to foreign countries, nor has any beneficial interest therein, nor directly or indirectly controls or is controlled by such shipper or consignee or by any person having such a beneficial interest. By June 1, 1983, the Federal Maritime Commission shall submit a report to Congress evaluating the enforceability of this section and describing any reasons why this section should not be made permanent law. SEC. 1609. The Secretary of Comirierce shall conduct a study comparing the relative costs of repairing and outfitting the training vessel Bay State with the costs of reactivating and converting the steamship Tulare of the United States Naval Reserve Fleet, in order to aid in the determination of the appropriate vessel for use as the training ship of the Massachusetts Maritime Academy. This study shall be completed and submitted to the Congress within ninety days of enactment of this Act. SEC. 1610. The Merchant Marine Act, 1936 (46 U.S.C. 1101 et seq.) is amended by adding a new section 615 to read as follows: "SEC, 615. (a) The Secretary of Commerce may, until September 30, 1983, authorize an operator receiving or applying for operating differential subsidy under this title to construct, reconstruct, or acquire its vessels of over five thousand deadweight tons in a foreign shipyard if the Secretary finds and certifies in writing that such operator's application for construction differential subsidy cannot be approved due to the unavailability of funds in the construction differential subsidy account. Vessels constructed, reconstructed, or modified pursuant to this section shall be deemed to have been United States built for the purposes of this title, section 901(b) of this Act, and section 5(7) of the Port and Tanker Safety Act of 1978 (46 U.S.C. 391(a)(7)): Provided, That the provisions of section 607 of this Act shall not apply to vessels constructed, reconstructed, modified, or acquired pursuant to this section. "(b) The provisions of this section shall be effective for fiscal year 1983 only if the President in his annual budget message for that year requests at least $100,000,000 in construction differential subsidy or proposes an alternate program that would create equivalent merchant shipbuilding activity in privately owned United States shipyards and the Secretary reports to Congress on the effect such action will have on the shipyard mobilization base at least thirty days prior to making the certification referred to in subsection (a).".

Report to Congress. Study, submittal to Congress.

46 USC 1185.

46 USC 1241. 46 USC 391a.

TITLE XVII—CIVIL SERVICE AND POSTAL SERVICE PROGRAMS; GOVERNMENTAL AFFAIRS GENERALLY Subtitle A—Civil Service Programs 4.8 PERCENT PAY CAP ON FEDERAL EMPLOYEES

SEC. 1701. (a) Notwithstanding any other provision of law, the 5 USC 5305 overall percentage of the adjustment of the rates of pay under the note. General Schedule or any other statutory pay system under section 5305 of title 5, United States Code, which is to become effective with the first applicable pay period commencing on or after October 1, 1981, shall not exceed 4.8 percent.

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 95 STAT. 754

PUBLIC LAW 97-35—AUG. 13, 1981

5 USC 5343 note.

0>)(1) Notwithstanding any other provision of law, in the case of a prevailing rate employee described in section 5342(a)(2) of title 5, United States Code, or an employee covered by section 5348 of that title— I.• (A) any increase in the rate of pay payable to such employee which would result from the expiration of the limitation con5 USC 5343 tained in section 114(a)(2) of Public Law 96-369 shall not take "0^effect, and (B) any adjustment under subchapter IV of chapter 53 of such 5 USC 5341. title to any wage schedule or rate applicable to such employee which results from a wage survey and which is to become effective during the fiscal year beginning October 1, 1981, shall not exceed the amount which is 4.8 percent above the schedule or rate payable on September 30, 1981 (determined with regard to the limitation contained in section 114(a)(2) of Public Law 96-369). (2) Notwithstanding the provisions of section 9(b) of Public Law 5 USC 5343 note. 92-392 or section 704(b) of the Civil Service Reform Act of 1978, the provisions of paragraph (1) shall apply (in such manner as the Office of Personnel Management shall prescribe) to prevailing rate employees to whom such section 9(b) applies, except that the provisions of paragraph (1) shall not apply to any increase in a wage schedule or rate which is required by the terms of a contract entered into before the date of the enactment of this Act. ANNUAUZATION OF COST-OF-LIVING ADJUSTMENT FOR FEDERAL EMPLOYEES

Effective date. n^e^ ^^^^

SEC. 1702. (a) Section 8340(b) of title 5, United States Code, is amended to read as follows: "(b) Except as provided in subsection (c) of this section, effective March 1 of each year each annuity payable from the Fund having a commencing date not later than such March 1 shall be increased by the percent change in the price index published for December of the preceding year over the price index published for December of the year prior to the preceding year, adjusted to the nearest Vic of 1 percent.". (b) Section 8340(c)(1) of title 5, United States Code, is amended to read as follows: "(1) The first increase (if any) made under subsection (b) of this section to an annuity which is payable from the Fund to an employee or Member who retires, to the widow or widower of a deceased employee or Member, or to the widow or widower of a deceased annuitant whose annuity has not been increased under this subsection or subsection (b) of this section, shall be equal to the product (adjusted to the nearest Vio of 1 percent) of— "(A) Vi2 of the applicable percent change computer under subsection (b) of this section, multiplied by "(B) the number of months (counting any portion of a month as a month)— "(i) for which the annuity was payable from the Fund before the effective date of the increase, or "(ii) in the case of a widow or widower of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.". (c) The amendments made by this section shall take effect on the ^^*® °^ ^^^ enactment of this Act and shall apply to annuities which commence before, on, or after such date.

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Page:United States Statutes at Large Volume 95.djvu/781

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 755

AWARDS FOR THE DISCLOSURE OF WASTE, FRAUD, AND MISMANAGEMENT

SEC. 1703. (a) Chapter 45 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: "SUBCHAPTER II—AWARDS FOR COST SAVINGS DISCLOSURES

"§4511. Dennition and general provisions 5 USC 4511. "(a) For purposes of this subchapter, the term 'agency' means any "Agency." Executive agency. "(b) A cash award under this subchapter is in addition to the regular pay of the recipient. Acceptance of a cash award under this subchapter constitutes an agreement that the use by the Government of an idea, method, or device for which the award is made does not form the basis of a further claim of any nature against the Government by the employee, his heirs, or assigns. "§4512. Agency awards for cost savings disclosures 5 USC 4512. "(a) The Inspector General of an agency, or any other agency employee designated under subsection (b), may pay a cash award to any employee of such agency whose disclosure of fraud, waste, or mismanagement to the Inspector General of the agency, or to such other designated agency employee, has resulted in cost savings for the agency. The amount of an award under this section may not exceed the lesser of^ "(1) $10,000; or "(2) an amount equal to 1 percent of the agency's cost savings which the Inspector General, or other employee designated under subsection (b), determines to be the total savings attributable to the employee's disclosure. For purposes of paragraph (2), the Inspector General or other designated employee may take into account agency cost savings projected for subsequent fiscal years which will be attributable to such disclosure. "(b) In the case of an agency for which there is no Inspector General, the head of the agency shall designate an agency employee who shall have the authority to make the determinations and grant the awards permitted under this section. "(c)(1) The Inspector General, or other employee designated under subsection (b), shall submit to the Comptroller General documentation substantiating any award made under this section. "(2) The Comptroller General shall, from time to time, review awards made under this section and procedures used in making such awards to verify the cost savings for which the awards were made. "§ 4513. Presidential awards for cost savings disclosures 5 USC 4513. "The President may pay a cash award in the amount of $20,000 to any employee whose disclosure of fraud, waste, or mismanagement has resulted in substantial cost savings for the Government. In evaluating the significance of a cost savings disclosure made by an employee for purposes of determining whether to make an award to such employee under this section, the President may take into account cost savings projected for subsequent fiscal years which will be attributable to the disclosure. During any fiscal year, the President may not make more than 50 awards under this section.

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Page:United States Statutes at Large Volume 95.djvu/782

 95 STAT. 756 5 USC 4514

PUBLIC LAW 97-35—AUG. 13, 1981 ««§ 4514. Expiration of "No award may be 1984.". (b)(1) Chapter 45 of inserting immediately chapter heading:

authority made under this title after September 30, title 5, United States Code, is amended by before section 4501 the following new sub-

"Subchapter I—Awards for Superior Accomplishments". (2) Chapter 45 of title 5, United States Code, is amended in sections 4501, 4502, 4505, and 4506, by striking out "chapter" each place it appears and inserting in lieu thereof "subchapter'. (3) The analysis for chapter 45 of title 5, United States Code, is amended— (A) by inserting immediately after the chapter heading the following new item: "Subchapter I—Awards for Superior Accomplishments";

and (B) by inserting after the item relating to section 4507 the following: "Subchapter II—Awards for Cost Savings Disclosures "4511. Definition and general provisions. "4512. Agency awards for cost savings disclosures. "4513. Presidential awards for cost savings disclosures. "4514. Expiration of authority.".

Effective date. (c) The amendments made by this section shall take effect on 5 USC 4501 note. October 1, 1981. REDUCTIONS IN FORCE OF CAREER SENIOR EXECUTIVES

SEC. 1704. (a)(1) Chapter 35 of title 5, United States Code, relating to retention preference, restoration, and reemployment, is amended by redesignating section 3595 as section 3596 and by inserting after section 3594 the following new section: 5 USC 3595.

5 USC 4311.

"§ 3595. Reduction in force in the Senior Executive Service "(a) An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of chapter 43 of this title. "(b)(1) This subsection applies to any career appointee who has successfully completed the probationary period prescribed under section 3393(d) of this title. "(2) Except as provided in paragraphs (4) and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency. "(3) A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency— "(A) is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or

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Page:United States Statutes at Large Volume 95.djvu/783

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 757

"(B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, is entitled to be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position. The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement. "(4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service and the civil service due to a reduction in force if— "(A) the career appointee declines a reasonable offer for placement in a Senior Executive Service position under paragraph (3)(B); or "(B) subject to paragraph (5), the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 120 days after the Office receives certification regarding that appointee under paragraph (3)(B). "(5) An individual who was a career appointee on May 31, 1981, may be removed from the Senior Executive Service and the civil service due to a reduction in force after the 120-day period specified in paragraph (4)(B) only if the Director of the Office of Personnel Management certifies to the Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate, no later than 30 days prior to the effective date of such removal, that— "(A) the Office has taken all reasonable steps to place the career appointee in accordance with paragraph (3) of this subsection, and "(B) due to the highly specialized skills and experience of the career appointee, the Office has been unable to place the career appointee. "(c) A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title— "(1) whether the reduction in force complies with the competitive procedures required under subsection (a), "(2) any removal under subsection (b)(4)(A), and "(3) in the event the career appointee is not placed under subsection (b)(3) of this section whether the Office of Personnel Management took all reasonable steps to achieve such placement. "(d) For purposes of this section, 'reduction in force' includes the "Reduction in elimination or modification of a position due to a reorganization, due fo^e." to a lack of funds or curtailment of work, or due to any other factor.". (2) The table of sections for chapter 35 of title 5, United States Code, is amended by striking out the item relating to section 3595 and inserting in lieu thereof the following: "3595. Reduction in force in the Senior Executive Service. "3596. Regulations.".

(b) Section 3593 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(c)(1) A former career appointee shall be reinstated, without regard to section 3393(b) and (c) of this title, to any vacant Senior Executive Service position in an agency for which the appointee is qualified if—

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Page:United States Statutes at Large Volume 95.djvu/784

 95 STAT. 758

PUBLIC LAW 9 7 - 3 5 - A U G. 13, 1981

"(A) the individual was a career appointee on May 31, 1981; "(B) the appointee was removed from the Senior Executive Service under section 3595 of this title due to a reduction in force in that agency; "(C) before the removal occurred, the appointee successfully completed the probationary period established under section 3393(d) of this title; and "(D) the appointee applies for that vacant position within one year after the Office receives certification regarding that appointee pursuant to section 3595(b)(3)(B) of this title. "(2) A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title any determination by the agency that the appointee is not qualified for a position for which the appointee applies under paragraph (1) of this subsection.". (c) Section 3393 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(g) A career appointee may not be removed from the Senior Executive Service or civil service except in accordance with the applicable provisions of sections 1207, 3592, 3595, 7532, or 7543 of this title.". (d)(1) Section 7542 of title 5, United States Code, is amended by inserting "or 3595" after "3592". (2) Section 7543(a) of title 5, United States Code, is amended by striking out "such cause" and all that follows down through the period and inserting in lieu thereof "misconduct, neglect of duty, or malfeasance.". Effective date. (e)(1) Subject to paragraph (2), the amendments made by this 5 USC 3595 note, section shall be effective as of June 1, 1981. (2)(A) Except as provided in subparagraph (B), the amendments made by this section shall apply to any career appointee removed from the civil service after May 31, 1981, and before the date of the enactment of this section if, not later than 14 days after such date of enactment, application therefor is made to the Office of Personnel Management and to the head of the agency in which the appointee was employed. (B) The provisions of section 3595(a), as added by subsection (a)(1), shall take effect on the date of the enactment of this Act. (3) The effectiveness of the amendments made by this section shall be subject to section 415(b) of the Civil Service Reform Act of 1978 (5 U.S.C. 3131 note) to the same extent and manner as the amendments 5 USC 2101a. made by title IV of that Act. VOLUNTARY STATE INCOME TAX WITHHOLDING FOR ANNUITANTS

SEC. 1705. (a) Section 8345 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(k)(l) The Office shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter. "(2) An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests in effect during any one calendar year.

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Page:United States Statutes at Large Volume 95.djvu/785

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 759

"(3) Subject to paragraph (2) of this subsection, an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office. "(4) This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office. "(5) For the purpose of this subsection, 'State' means a State, the "State." District of Columbia, or any territory or possession of the United States.". (b) The amendment made by subsection (a) shall take effect Octo- Effective date. b e r 1, 1981.

5 USC 8345 note.

(c) The Civil Service Retirement and Disability Fund is available 5 USC 8345 note. for expenses incurred by the Office of Personnel Management in the initial implementation of the amendments made by this section.

Subtitle B—Savings Under the Postal Service Program AUTHORIZATIONS FOR PUBLIC SERVICE APPROPRIATIONS

SEC. 1721. Section 2401(b)(1) of title 39, United States Code, is amended— (1) in subparagraph (D), by striking out "an amount equal to 7 percent of such sum for fiscal year 1971" and inserting in lieu thereof "$250,000,000"; (2) in subparagraph (E), by striking out "an amount equal to 6 percent of such sum for fiscal year 1971" and inserting in lieu thereof "$100,000,000"; and (3) in subparagraph (F), by striking out "an amount equal to 5 percent of such sum for fiscal year 1971" and inserting in lieu thereof "no funds are authorized to be appropriated". CONTINUATION OF SIX-DAY MAIL DELIVERY

SEC. 1722. During fiscal years 1982 through 1984, the Postal Service 39 USC 403 note. shall take no action to reduce or to plan to reduce the number of days each week for regular mail delivery. REDUCTION OF AUTHORIZATION FOR REVENUE FOREGONE

SEC. 1723. (a) Notwithstanding section 2401(c) of title 39, United 39 USC 2401 States Code, the amount authorized to be appropriated under such note. section shall not exceed— (1) $696,000,000 for fiscal year 1982; (2) $708,000,000 for fiscal year 1983; or (3) $760,000,000 for fiscal year 1984.

-194 0—82

50:QL3

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Page:United States Statutes at Large Volume 95.djvu/786

 95 STAT. 760

50 USC 1451 !?9\^ar Q7Q^^ note

PUBLIC LAW 97-35—AUG. 13, 1981 (b)(1) If during any of the fiscal years 1982 through 1984, the amount which would have been authorized to be appropriated under section 2401(c) of title 39, United States Code, if this section were not enacted exceeds the amount authorized to be appropriated by subsection (a) of this section for that fiscal year, the rates for the class of mail under former sections 4452(b) and 4452(c) of such title shall be adjusted (in the same manner as rates are adjusted under section 3627 of such title) so that the increased revenues received from the users of such class of mail will equal the amount of such difference. During such fiscal years, adjustments in rates under such section 3627 as a result of a failure of appropriations (as described by that section) may be made under section 3627 only to the extent permitted under paragraph (2) of this subsection. (2) If during any of the fiscal years 1982 through 1984 the Congress fails to appropriate the maximum amount authorized by subsection (a) of this section for purposes of section 2401(c) of title 39, United States Code, then rates for any class of mail sent at a free or reduced rate under section 3217 or section 3626 of such title 39, under the Federal Voting Assistance Act of 1955, or under the Overseas Citizens Voting Rights Act of 1975, may be adjusted during such fiscal year in accordance with section 3627 of title 39, United States Code, in order to provide for additional revenues equal to the difference between (A) the maximum amount authorized to be appropriated for such fiscal year by subsection (a) of this section, and (B) any lesser amount actually appropriated for such fiscal year for purposes of section 2401(c) of title 39, United States Code. REDUCTION OF TRANSITIONAL APPROPRIATIONS

39 USC 2004 "°*^^-

SEC. 1724. (a) Notwithstanding the authorization contained in section 2004 of title 39, United States Code, no sums are authorized to be appropriated to the Fund for the purposes of such section during fiscal years 1982 through 1984. During fiscal year 1985, there are authorized to be appropriated to the Fund such amounts as may be necessary to carry out such section during such fiscal year, together with such amounts as would have been available to the Fund for fiscal years 1982 through 1984 were this section not enacted. (b) From amounts available to the Postal Service from the Fund, during fiscal years 1982 through 1984 the Postal Service shall meet the transitional expenses referred to under section 2004 of title 39, United States Code, to the same extent as the Postal Service would have met such expenses were subsection (a) of this section not enacted. QUARTERLY PAYMENTS OF APPROPRIATIONS TO THE POSTAL SERVICE FUND

SEC. 1725. Section 2003(e) of title 39, United States Code, is amended— (1) by inserting "(1)" after "(e)"; and (2) by adding at the end thereof the following: "(2) Funds appropriated to the Postal Service under sections 2401 and 2004 of this title shall be apportioned as provided in this paragraph. From the total amounts appropriated to the Postal Service for any fiscal year under the authorizations contained in sections 2401 and 2004 of this title, the Secretary of the Treasury shall make available to the Postal Service 25 percent of such amount at the beginning of each quarter of such fiscal year.".

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Page:United States Statutes at Large Volume 95.djvu/787

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 761

PROHIBITION OF 9-DIGIT ZIP CODE

SEC. 1726. (a) The Postal Service shall not implement any ZIP code 39 USC 403 note, system using more than 5 digits before October 1, 1983. This subsection shall not be construed as precluding the Postal Service or the Postal Rate Commission from taking such actions as may be required before October 1, 1983, to prepare for the implementation of such a ZIP code system. (b) During the period beginning on the date of the enactment of this Act and ending December 31, 1982, no Executive agency shall take any action to conform its mailing procedures to those appropriate for use under any ZIP code system using more than 5 digits. As used in "Executive this subsection, the term "Executive agency" has the same meaning ^s^'^'^y given such term by section 105 of title 5, United States Code. EFFECTIVE DATE

SEC. 1727. The provisions of this subtitle (other than section 1726 39 USC 2003 and this section) shall take effect on October 1, 1981. The provisions of "°*^ sections 1726 and this section shall take effect on the date of the enactment of this Act.

Subtitle C—Governmental Affairs Generally CHAPTER 1—CONSULTANTS AND TRAVEL REDUCTION IN EXPENDITURES FOR CONSULTANTS

SEC. 1731. (a) The President shall submit with the Budget of the United States Government transmitted by the President under section 201(a) of the Budget and Accounting Act, 1921, in January, 3i use ii. 1982, a rescission bill (as that term is defined in section 1011(3) of the Impoundment Control Act of 1974) to reduce by the amount described 3i use I40i. in subsection (b) the total amount of funds appropriated for the fiscal year 1982 which may be obligated for consultant services, management and professional services, and special studies and analyses for all departments, agencies, and instrumentalities of the executive branch of the Government. Such bill shall be accompanied by a special message specifying the matters required by paragraphs (1) through (5) of section 1012(a) of the Impoundment Control Act of 1974 3i use 1402. with respect to the rescission proposal and shall specifically allocate the reduction in such total amount required by the preceding sentence among the departments, agencies, and instrumentalities of the executive branch. (b) The amount of the reduction referred to in subsection (a) shall be $500,000,000 less the difference between— (1) the amounts which can be identified for the consultant services, management and professional services, and special studies and analyses referred to in subsection (a) in the Budget of the United States Government for the fiscal year 1982 which was transmitted by the President on January 15, 1981, under section 201(a) of the Budget and Accounting Act, 1921, and (2) the amounts appropriated for the fiscal year 1982 for such purposes, to the extent that the amounts described in paragraph (1) exceed the amounts described in paragraph (2). The special message required by subsection (a) shall identify the amounts in appropriations Acts and

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Page:United States Statutes at Large Volume 95.djvu/788

 95 STAT. 762

PUBLIC LAW 97-35—AUG. 13, 1981 the amounts in the Budget of the United States Government on the basis of which the reduction described in this subsection is calculated. REDUCTION IN EXPENDITURES FOR TRAVEL BY FEDERAL EMPLOYEES

31 USC 11. 31 USC 1401.

31 USC 1402.

SEC. 1732. (a) The President shall submit with the Budget of the United States Government transmitted by the President under section 201(a) of the Budget and Accounting Act, 1921, in January, 1982, a rescission bill (as that term is defined in section 1011(3) of the Impoundment Control Act of 1974) to reduce by the amount described in subsection (b) the total amount of funds appropriated for the fiscal year 1982 which may be obligated for direct administrative travel for all departments, agencies, and instrumentalities of the executive branch of the Government. Such bill shall be accompanied by a special message specifying the matters required by paragraphs (1) through (5) of section 1012(a) of the Impoundment Control Act of 1974 with respect to the rescission proposal and shall specifically allocate the reduction in such total amount required by the preceding sentence among the departments, agencies, and instrumentalities of the executive branch. In making such allocation, the President shall not— (1) propose the reduction of any amounts to be obligated for debt collection, supervision of loans, necessary and essential law enforcement activities, or emergency national defense activities of the Federal Government; or (2) propose the reduction of the total amount which may be obligated by any department, agency, or instrumentality for direct administrative travel for officers and employees of such department, agency, or instrumentality by more than 15 percent of the amount proposed thereof in such budget. (b) The amount of the reduction referred to in subsection (a) shall be $100,000,000 less the difference between— (1) the amounts which can be identified for the direct administrative travel referred to in subsection (a) in the Budget of the 5 United States Government for the fiscal year 1982 which was > transmitted by the President on January 15, 1981, under section )v 201(a) of the Budget and Accounting Act, 1921, and (2) the amounts appropriated for the fiscal year 1982 for such purposes, to the extent that the amounts described in paragraph (1) exceed the amounts described in paragraph (2). The special message required by subsection (a) shall identify the amounts in the appropriations Acts and the amounts in the Budget of the United States Government on the basis of which the reduction described in this subsection is calculated. CHAPTER 2—BLOCK GRANT FUNDS DISTRIBUTION OF BLOCK GRANT FUNDS

31 USC 1243 "°*^

SEC. 1741. (a) To help assure that (1) block grant funds are allocated for programs of special importance to meet the needs of local governments, their residents, and other eligible entities, and (2) all eligible urban and rural local governments, their residents, and other eligible entities are treated fairly in the distribution of such funds, each State which receives block grant funds under this Act shall comply with the requirements of this chapter, to the extent that such funds may be used at the discretion of the State, as described in subsection (b)(1)(B).

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Page:United States Statutes at Large Volume 95.djvu/789

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 763

(b) For purposes of this chapter— (1) block grant funds are funds which are received for a program— (A) which provides for the direct allocation of funds to States only, except for the allocation of funds for use by the Federal agency administering the program; and (B) which provides funds that may be used at the discretion of the State, in whole or in part, for the purpose of continuing to support activities funded, immediately before the date of the enactment of this Act, under programs the authorizations of which are discontinued by this Act and which were funded, immediately before such date of the enactment, by Federal Government allocations to units of local government or other eligible entities, or both; and (2) "State" includes the District of Columbia and any territory "State." or possession of the United States. REPORTS ON PROPOSED USE OF FUNDS; PUBLIC HEARINGS

SEC. 1742. (a) Each State shall prepare a report on the proposed use 31 USC 1243 of block grant funds received by that State, including (1) a statement "°^® of goals and objectives, (2) information on the types of activities to be supported, geographic areas to be served, and categories or characteristics of individuals to be served, and (3) the criteria and method established for the distribution of the funds, including details on how the distribution of funds will be targeted on the basis of need to achieve the purposes of the block grant funds. Beginning in the fiscal year 1983, the report required by this subsection shall include a description of how the State has met the goals, objectives, and needs in the use of funds for the previous fiscal year as identified in the report prepared pursuant to this subsection for that previous fiscal year. (b) The report prepared by a State pursuant to subsection (a), and any changes in such report, shall be made public within the State on a timely basis and in such manner as to facilitate comments from interested local governments and persons. (c) No State may receive block grant funds for any fiscal year until the State has conducted a public hearing, after adequate public notice, on the use and distribution of the funds proposed by the State as set forth in the report prepared pursuant to subsection (a) with respect to that fiscal year. TRANSITION PROVISION

SEC. 1743. (a) In the fiscal year 1982 only, each State shall certify to 31 USC 1243 the responsible Federal agency that it is in compliance with section "^^^ 1742 and that it is prepared to use all or part of available block grant funds. Such certifications shall be submitted to the responsible Federal agency prior to the beginning of the first quarter of the fiscal year 1982 or at least 30 days before the beginning of any other quarter of that fiscal year. For purposes of this section, the quarters for the fiscal year 1982 shall commence on October 1, January 1, April 1, and July 1 of the fiscal year 1982. (b) Except as otherwise provided in this Act, until such time as the responsible Federal agency receives a certification from a State pursuant to subsection (a), such agency shall distribute the block grant funds involved for programs to which the funds relate and

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