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Page:United States Statutes at Large Volume 95.djvu/1117

 PUBLIC LAW 97-82—NOV. 20, 1981

95 STAT. 1091

Public Law 97-82 97th Congress

An Act To recognize the organization known as the Italian American War Veterans of the United States.

Nov. 20, 1981 [H.R. 4734]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Italian American War Veterans of the United States, organized and incorporated under the Nonprofit Corporation Acts of the States of California, Connecticut, Florida, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, and Rhode Island, is hereby recognized as such and is granted a charter.

Italian American War Veterans of the United States. Charter. 36 USC 1701.

POWERS

SEC. 2. Italian American War Veterans of the United States 36 USC 1702. (hereinafter referred to as the "corporation") shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States. OBJECTS AND PURPOSES OF CORPORATION

SEC. 3. The objects and purposes of the corporation are those 36 USC 1703. provided in its articles of incorporation and shall include the giving of patriotic allegiance to the United States of America, fidelity to its Constitution and laws, and support to the security of civil liberty and permanence of free institutions; the stimulation of patriotism in the minds of all Americans by encouraging the study of the history of the United States; to assure the preservation and defense of the United States of America from all enemies without any reservation whatsoever; the preservation of the memories and records of patriotic service performed by men and women who served in the Armed Forces of the United States by gathering, collating, editing, publishing, and exhibiting the memorabilia, data, records, military awards, decorations, citations of those who served in the Armed Forces of the United States, and the promotion of peace, prosperity, and good will between the peoples of the United States of America and the Republic of Italy. The corporation shall function as a veterans' and patriotic organization as authorized by the laws of the State or States where it is incorporated. SERVICE OF PROCESS

SEC, 4. With respect to service of process, the corporation shall 36 USC 1704. comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. MEMBERSHIP

SEC. 5. Any American citizen shall be eligible for membership in 36 USC 1705. the corporation who was honorably discharged from the Armed

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Page:United States Statutes at Large Volume 95.djvu/1118

 95 STAT. 1092

PUBLIC LAW 97-82—NOV. 20, 1981

Forces of the United States of America, and eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this Act, be as provided in the bylaws of the corporation. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES

36 USC 1706.

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

36 USC 1707.

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

36 USC 1708.

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

36 USC 1709.

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

36 USC 1710.

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

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 95.djvu/1119

 PUBLIC LAW 97-82—NOV. 20, 1981

95 STAT. 1093

AUDIT OF FINANCIAL TRANSACTIONS

SEC. 11. The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under the Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: "(54) Italian American War Veterans of the United States.". ANNUAL REPORT

SEC. 12. The corporation shall report annually to the Congress 36 USC I7ii. concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 11 of this Act. The report shall not be printed as a public document. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER

SEC. 13. The right to alter, amend, or repeal this Act is expressly 36 USC 1712. reserved to the Congress. DEFINITION OF STATE

SEC. 14. For purposes of this Act, the term "State" includes the 36 USC 1713. District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. TAX EXEMPT STATUS

SEC. 15. The corporation shall maintain its status as an organiza- 36 USC 1714. tion exempt from taxation as provided in the Internal Revenue Code. If the corporation fails to maintain such status, the charter granted hereby shall expire. SEC. 16. If the corporation shall fail to comply with any of the 36 USC 1715. restrictions or provisions of this Act, the charter granted hereby shall expire. Approved November 20, 1981.

LEGISLATIVE HISTORY—H.R. 4734: HOUSE REPORT No. 97-287 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 127 (1981): Oct. 26, considered and passed House. Nov. 10, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1120

 95 STAT. 1094

PUBLIC LAW 97-83—NOV. 20, 1981

Public Law 97-83 97th Congress

An Act Nov. 20, 1981 [S. 195] United States Submarine Veterans of World War II. Charter. 36 USC 1801.

To recognize the organization known as the United States Submarine Veterans of World War II.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CHARTER SECTION 1. The United States Submarine Veterans of World War II,

incorporated under the Non-profit Corporation Act of the State of New Jersey, and the State of Colorado, is hereby recognized as such and is granted a charter. POWERS

36 USC 1802.

SEC. 2. United States Submarine Veterans of World War II (hereinafter referred to as the "corporation") shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States. OBJECTS AND PURPOSES OP CORPORATION

36 USC 1803.

SEC. 3. The objects and purposes of the corporation are those provided in its articles of incorporation and shall include patriotism and loyalty to the United States of America; the perpetuation and establishment of memorials to the memory of those shipmates who served aboard United States submarines and gave their lives in submarine warfare during World War II; promotion of the spirit and unity that existed among the United States Navy submarine crewmen during World War II; fostering general public awareness of life aboard submarines during World War 11, through securing, restoring, and displaying the submarines that were in service at that time; sponsoring annual college scholarships; and performance of such acts of charity as provided for by the constitution and bylaws. SERVICE OF PROCESS

36 USC 1804.

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

36 USC 1805.

SEC. 5. Eligibility for membership in the corporation and the rights and privil^es of members shall, except as provided in this Act, be as provided in the constitution and bylaws of the corporation.

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Page:United States Statutes at Large Volume 95.djvu/1121

 PUBLIC LAW 97-83—NOV. 20, 1981

95 STAT. 1095

BOARD OF D I R E C TO R S; COMPOSITION; RESPONSIBILITIES

SEC. 6. The board of directors of the corporation and the responsibil- 36 USC 1806. ities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated. OFFICERS OF CORPORATION

SEC. 7. The officers of the corporation, and the election of such 36 USC 1807. officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated. RESTRICTIONS

SEC. 8. (a) No part of the income or assets of the corporation shall 36 USC 1808. inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or Federal Government authority for any of its activities. LIABILITY

SEC. 9. The corporation shall be liable for the acts of its officers and 36 USC 1809. agents when acting within the scope of their authority. BOOKS A N D R E C O R D S; INSPECTION

SEC. 10. The corporation shall keep correct and complete books and 36 USC 1810. records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. AUDIT OF FINANCIAL TRANSACTIONS

SEC. 11. The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: "(55) United States Submarine Veterans of World War II.".

89-194 O—82

71: QL3

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Page:United States Statutes at Large Volume 95.djvu/1122

 95 STAT. 1096

PUBLIC LAW 97-83—NOV. 20, 1981 ANNUAL REPORT

36 USC 1811.

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

36 USC 1812.

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

36 USC 1813.

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

36 USC 1814.

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

36 USC 1815.

SEC. 16. If the corporation shall fail to comply with any of the restrictions or provisions of this Act, the charter granted hereby shall expire. Approved November 20, 1981.

LEGISLATIVE HISTORY—S. 195 (H.R. 4766): HOUSE REPORT No. 97-284 accompanying H.R. 4766 (Comm. on the Judiciary). SENATE REPORT No. 97-37 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 127 (1981): Apr. 27, considered and peissed Senate. Oct. 26, H.R. 4766 considered and passed Houses proceedings vacated and S. 195, amended, passed in lieu. Nov. 9, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 95.djvu/1123

 PUBLIC LAW 97-84—NOV. 20, 1981 Public Law 97-84 97th Congress

95 STAT. 1097

An Act To expand the membership of the United States Holocaust Memorial Council from sixty to sixty-five and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to establish the United States Holocaust Memorial Council", approved October 7, 1980 (94 Stat. 1547; Public Law 96-388), is amended— (1) in subsection (a) of section 2 by striking out "sixty" both times it appears and inserting in lieu thereof "sixty-five"; (2) in subsection (b) of section 2— (A) by striking out "the initial" in the first sentence; (B) by striking out all matter in the second sentence preceding "shall serve" and inserting in lieu thereof "All noncongressional voting members designated under the preceding sentence"; (C) in paragraph (1), by striking out "initial" and inserting in lieu thereof "such noncongressional voting"; (D) in paragraph (2), by striking out "ten of such initial" and inserting in lieu thereof "eleven of such noncongressional voting"; (E) in paragraph (3) by striking out "ten other initial" and inserting in lieu thereof "eleven other such noncongressional voting"; and (F) by striking out the sentence following paragraph (3); (3) in paragraph (1) of subsection (c) of section 2, by striking out "with respect to the initial members of the Council"; and (4) by striking out subsection 0^) of section 5 and substituting the following: "(b) The Executive Director shall have authority to— "(1) appoint employees in the competitive service subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and general schedule pay rates; and "(2) appoint and fix the compensation (at a rate not to exceed the maximum rate of basic pay payable for OS-18 of the General Schedule) of up to three employees notwithstanding any other provision of law.". Approved November 20, 1981.

LEGISLATIVE HISTORY—S. 1672: HOUSE REPORT No. 97-308, Pt. I (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): Oct. 7, considered and passed Senate. Nov. 4, considered and passed House, amended. Nov. 13, Senate concurred in House amendment.

Nov. 20, 1981 [S. 1672]

United States Holocaust Memorial Council. Membership increase. 36 USC 1401. 36 USC 1402.

36 USC 1405. Functions.

5 USC 5101 et seq., 5331. Compensation. 5 USC 5332 note.

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Page:United States Statutes at Large Volume 95.djvu/1124

 95 STAT. 1098

PUBLIC LAW 97-85—NOV. 23, 1981

Public Law 97-85 97th Congress Joint Resolution Nov. 23, 1981 [H.J. Res. 368] Continuing appropriations for fiscal year 1982, extension. 5 USC 5318 note. Ante, p. 958.

Making further continuing appropriations for the fiscal year 1982.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That clauses (c) of sections 101 ana 102 of the joint resolution of October 1, 1981 (Public Law 97-51), are hereby amended by striking out "November 20, 1981" and inserting in lieu thereof "December 15, 1981". The joint resolution of October 1, 1981 (Public Law 97-51), is amended by adding after section 141: "SEC. 142. Notwithstanding any other provision of this joint resolution, such sums as may be necessary, not in excess of, and under the conditions of the budget request transmitted on November 9, 1981, for operation, improvement, transfer, and closure of Public Health Service hospitals and clinics.". Approved November 23, 1981.

LEGISLATIVE HISTORY—H.J. Res. 368: CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 23, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 95.djvu/1125

 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1099

Public Law 97-86 97th Congress An Act To authorize appropriations for fiscal year 1982 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defense, to authorize appropriations for such fiscal year for civil defense, and for other purposes.

Dec. 1, 1981 [S. 815]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Department of be cited as the "Department of Defense Authorization Act, 1982". A^t^^^ t" TITLE I—PROCUREMENT AUTHORIZATION OF APPROPRIATIONS

SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1982 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons in amounts as follows: AIRCRAFT

For aircraft: for the Army, $1,910,200,000; for the Navy and the Marine Corps, $9,302,500,000; for the Air Force, $13,773,698,000, of which $1,801,000,000 is available only for procurement of longrange combat aircraft. MISSILES

For missiles: for the Army, $2,146,900,000; for the Navy, $2,567,000,000; for the Marine Corps, $223,024,000; for the Air Force, $4,186,846,000. NAVAL VESSELS

For naval vessels: for the Navy, $8,795,900,000. TRACKED COMBAT VEHICLES

For tracked combat vehicles: for the Army, $3,251,200,000; for the Marine Corps, $281,739,000. TORPEDOES

For torpedoes and related support equipment: for the Navy, $516,600,000. OTHER WEAPONS

For other weapons: for the Army, $655,400,000; for the Navy, $200,200,000; for the Marine Corps, $136,344,000; for the Air Force, $3,047,000.

Act, 1982.

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Page:United States Statutes at Large Volume 95.djvu/1126

 95 STAT. 1100

PUBLIC LAW 97-86—DEC. 1, 1981 ARMY NATIONAL GUARD

For tracked combat vehicles and other weapons: for the Army National Guard, $50,000,000, which amount shall be in addition to any other funds authorized to be appropriated by this or any other Act. CONTRIBUTION TO AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) FOR NATO

SEC. 102. Of the funds authorized to be appropriated in this title for aircraft for the Air Force, the sum of $344,300,000 is available only for contribution by the United States as its share of the cost for fiscal year 1982 of acquisition by the North Atlantic Treaty Organization of the Airborne Warning and Control System (AWACS). CERTAIN AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CONNECTION WITH THE NATO AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) PROGRAM

Waiver.

Contract authority.

S E C 103. (a) During fiscal year 1982, the Secretary of Defense, in carrying out the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E-3A Cooperative Programme, signed by the Secretary of Defense on December 6, 1978, may— (1) waive reimbursement for the cost of the following functions performed by personnel other than personnel employed in the United States Air Force Airborne Warning and Control System (AWACS) program office: (A) auditing; (B) quality assurance; (C) codification; (D) inspection; (E) contract administration; (F) acceptance testing; (G) certification services; and (H) planning, programing, and management services; (2) waive any surcharge for administrative services otherwise chargeable; and (3) in connection with the NATO E-3A Cooperative Programme for fiscal year 1982, assume contingent liability for— (A) program losses resulting from the gross negligence of any contracting officer of the United States; (B) identifiable taxes, customs duties, and other charges levied within the United States on the program; and (C) the United States share of the unfunded termination liability. (b) Authority under this section to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

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text: Folk-Lore/Volume 7/Magical Sacrifice in the Jewish Kabbala


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Page:United States Statutes at Large Volume 95.djvu/1127

 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1101

TITLE n—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION AUTHORIZATION OP APPROPRIATIONS

SEC. 201. (a) Funds are hereby authorized to be appropriated for fiscal year 1982 for the use of the Armed Forces of the United States for research, development, test, and evaluation in amounts as follows: For the Army, $3,746,299,000. For the Navy (including the Marine Corps), $6,072,167,000. For the Air Force, $8,686,800,000. For the Defense Agencies, $1,899,847,000, of which $53,000,000 is authorized for the activities of the Director off Test and Evaluation, Defense. 0)) In addition to the funds authorized to be appropriated in subsection (a), there are authorized to be appropriated for fiscal year 1982 such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds authorized to be appropriated in such subsection. LONG-RANGE COMBAT AIRCRAFT

SEC. 202. (a) None of the funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for the full-scale engineering development or procurement of a long-range combat aircraft before November 18, 1981, and none of such funds may be obligated or expended for such purposes on or after such date if, before such date, the Senate and the House of Representatives have agreed to resolutions of their respective Houses expressing disapproval of the President's decision announced on October 2, 1981, regarding the development of long-range combat aircraft. (b) For the purposes of this section, the term "resolution" means "Resolution." only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: "That the does not favor the decision of the President announced on October 2, 1981, regarding the development of long-range combat aircraft", the blank space therein being filled with the name of the resolving House. (c) Subsections (d) through (i) are enacted by the Congress— (1) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described in subsection (b), and they supersede other rules of the Senate only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner and to the same extent as in the case of any other rules of the Senate. (d) A resolution In the Senate shall be referred to the Committee on Armed Services of the Senate. (e) If the Committee on Armed Services of the Senate has not reported a resolution referred to it at the end of seven calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to dis-

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Page:United States Statutes at Large Volume 95.djvu/1128

 95 STAT. 1102

Debate.

Appeals.

PUBLIC LAW 97-86—DEC. 1, 1981

charge the committee from further consideration of any other resolution which has been referred to the committee. (fl A motion to discharge may be made only by a Senator favoring the resolution, is highly privileged (except that it may not be made after the committee has reported a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (g) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution. (h) When the Committee on Armed Services of the Senate has reported, or has been discharged from further consideration of, a resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is a^eed to or disagreed to shall not be in order. (i)(l) Debate in the Senate on the resolution shall be limited to not more than ten hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (2) Motions in the Senate to postpone, made with respect to the discharge from committee or the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (3) Appeals in the Senate from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a resolution shall be decided without debate. MX MISSILE AND BASING MODE

'Resolution."

SEC. 203. (a)(1) None of the funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for development of an operational basing mode for the MX missile before November 18, 1981, and none of such funds may be obligated or expended for such purpose on or after such date if, before such date, the Senate and the House of Representatives have agreed to resolutions of their respective Houses expressing disapproval of the President's decision announced on October 2, 1981, regarding the basing mode for the MX missile. (2) Development of the MX missile system shall continue so as to achieve an initial operational capability (IOC) for the MX missile system not later than December 31, 1986. (b) For the purposes of this section, the term "resolution" means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: "That the does not favor the decision of the President announced on October 2, 1981, regarding the basing mode for the MX missile", the blank space therein being filled with the name of the resolving House. (c) Subsections (d) through (i) are enacted by the Congress— (1) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but

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Page:United States Statutes at Large Volume 95.djvu/1129

 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1103

applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described in subsection (b), and they supersede other rules of the Senate only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner and to the same extent as in the case of any other rules of the Senate. (d) A resolution in the Senate shall be referred to the Committee on Armed Services of the Senate. (e) If the Committee on Armed Services of the Senate has not reported a resolution referred to it at the end of seven calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution which has been referred to the committee. (f) A motion to discharge may be made only by a Senator favoring the resolution, is highly privileged (except that it may not be made after the committee has reported a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order tc move to reconsider the vote by which the motion is agreed to or disagreed to. (g) If the motion to discharge is agreed to or disagreedf to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution. (h) When the Committee on Armed Services of the Senate has reported, or has been discharged from further consideration of, a resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (i)(l) Debate in the Senate on the resolution shall be limited to not Debate. more than ten hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (2) Motions in the Senate to postpone, made with respect to the discharge from committee or the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (3) Appeals in the Senate from the decisions of the Chair relating to Appeals. the application of the rules of the Senate to the procedure relating to a resolution shall be decided without debate. TITLE III—OPERATION AND MAINTENANCE AUTHORIZATION OF APPROPRIATIONS

SEC. 301. (a) Funds are hereby authorized to be appropriated for fiscal year 1982 for the use of the Armed Forces of the United States and other activities and agencies of the Department of Defense for operation and mainteneince in amounts as follows: For the Army, $17,024,044,000. For the Navy, $20,130,410,000.

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Page:United States Statutes at Large Volume 95.djvu/1130

 95 STAT. 1104

PUBLIC LAW 97-86--DEC. 1, 1981

For the Air Force, $18,898,140,000. For the Marine Corps, $1,249,939,000. For Defense-wide activities, $4,859,207,000. (b) In addition to the funds authorized to be appropriated in subsection (a), there are authorized to be appropriated for fiscal year 1982 such additional sums as may be necessary (1) for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds authorized to be appropriated in such subsection, and (2) for unbudgeted increases in fuel costs and for increases as the result of inflation in the cost of activities authorized by subsection (a). MODIFICATION OF ANNUAL OPERATION AND MAINTENANCE REPORT

SEC. 302. Section 138(e) of title 10, United States Code, is amended by striking out paragraphs (3) and (4). PRESERVATION OF MILITARY NATURE OF VETERINARY SUPPORT TO DEFENSE RESEARCH AND DEVELOPMENT ACTIVITIES

SEC. 303. None of the funds appropriated pursuant to an authorization of appropriations contained in this Act may be used for the purpose of converting military veterinary positions that are supporting research and development activities of the Department of Defense or of any of the Armed Forces to civilian positions. PROHIBITION OF CONTRACTING OUT ENTIRE MEDICAL FACILITIES

SEC. 304. None of the funds appropriated pursuant to an authorization of appropriations contained in this Act may be used for the purpose of contracting out an entire medical facility. LEASED SATELLITE COMMUNICATIONS (LEASAT) SYSTEM

SEC. 305. Of the amount authorized to be appropriated in section 301 for operation and maintenance of the Navy, $67,000,000 is available for the Leased Satellite Communications (LEASAT) system. TITLE IV—ACTIVE FORCES AUTHORIZATION OF END STRENGTHS

SEC. 401. The Armed Forces are authorized strengths for active duty personnel as of September 30, 1982, as follows: (1) The Army, 780,300. (2) The Navy, 554,600. (3) The Marine Corps, 192,100. (4) The Air Force, 580,800. QUAUTY CONTROL ON ENUSTMENTS

SEC. 402. (a) Section 302(a) of the Department of Defense Authorization Act, 1981 (Public Law 96-342; 10 U.S.C. 520 note) is amended by striking out "October 1, 1980" and "September 30, 1981" and inserting in lieu thereof "October 1, 1981'^ and "September 30, 1982", respectively. (DXD Section 520 of title 10, United States (Ilode, is amended— (A) by inserting "(a)" before "For" in the first sentence; and

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Rh We had the camp policed thoroughly, and I made the men build little bunks of poles to sleep on. By July 23, when we had been ashore a month, we were able to get fresh meat, and from that time on we fared well; but the men were already sickening. The chief trouble was the malarial fever, which was recurrent. For a few days the man would be very sick indeed; then he would partially recover, and be able to go back to work; but after a little time he would be again struck down. Every officer other than myself except one was down with sickness at one time or another. Even Greenway and Goodrich succumbed to the fever and were knocked out for a few days. Very few of the men indeed retained their strength and energy, and though the percentage actually on the sick list never got over twenty, there were less than fifty per cent who were fit for any kind of work. All the clothes were in rags; even the officers had neither socks nor underwear. The lithe college athletes had lost their spring; the tall, gaunt hunters and cow-punchers lounged listlessly in their dog-tents, which were steaming morasses during the torrential rains, and then ovens when the sun blazed down; but there were no complaints.

Through some blunder our march from the intrenchments to the camp on the foothills, after the surrender, was made during the heat of the day;


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95 STAT. 1105

(B) by adding at the end thereof the following new subsection: "(b) A person who is not a high school graduate may not be accepted for enlistment in the armed forces unless the score of that person on the Armed Forces Qualification Test is at or above the thirty-first percentile.". (2) The amendments made by paragraph (1) shall take effect at the end of the 30-day period beginning on the date of the enactment of this Act.

Effective date. 10 USC 520 note.

DESIGNATION O F AIR FORCE PHYSICIAN ASSISTANTS AS COMMISSIONED OFFICERS

SEC. 403. Section 8067(f) of title 10, United States Code, is amended by inserting ", including physician assistant functions," after "functions". REPEAL OF LIMITATION ON D E P E N D E N T S OVERSEAS

SEC 404. Section 406 of title 37, United States Code, is amended— (1) by striking out "and subsection (i) of this section" in subsection (a); (2) by striking out "Except as provided in subsection (i) of this section, in" in subsection (h) and inserting in lieu thereof "In"; and (3) by striking out subsection (i) and inserting in lieu thereof the following: "(i) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report at the end of each fiscal year quarter stating— "(1) the number of dependents who during the preceding quarter were accompanying members of the Army, Navy, Air Force, and Marine Corps who were stationed outside the United States and were authorized by the Secretary concerned to receive allowances or transportation for dependents under subsection (a) or (h) of this section; and "(2) the number of dependents who during the preceding quarter were accompanying members of the Army, Navy, Air Force, and Marine Corps who were stationed outside the United States and were not authorized to receive such allowances or transportation.". CHANGE OF TITLE OF NEW PERMANENT FLAG GRADE FOR THE NAVY FROM COMMODORE ADMIRAL TO COMMODORE

SEC. 405. (a) Section 5501 of title 10, United States Code, is amended by striking out "admiral" in clause (4) after "Commodore". (b)(1) The following sections of title 10, United States Code, are amended by striking out "admiral" after "commodore" each place it appears: 101(41), 525(a), 601(c)(2), 611(a), 612(a)(3), 619(a)(2)(B), 619(c)(2)(A)(ii), 625(a), 625(c), 634, 635, 637(b)(2), 638(a)(3), 638(b), 638(c), 645(l)(A)(ii), 5138(a), 5149(b), 5155(c), 5442, 5444, 5457(a), and 6389(f). (2) Section 5444 of such title is amended by striking out "commodore admirals" in subsections (a) and (f) and inserting in lieu thereof "commodores". (3) The tables in sections 5442(a) and 5444(a) of such title are amended by striking out "commodore admirals" and inserting in lieu thereof "commodores". (4)(A) The heading of section 625 of such title is amended by striking out the last word.

Report to congressional committees.

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 95 STAT. 1106 10 USC 619.

PUBLIC LAW 97-86—DEC. 1, 1981

(B) The item relating to such section in the table of sections at the beginning of subchapter n of chapter 36 of such title is amended by stnking out the last word. (5)(A) The heading of section 635 of such title is amended to read as follows: "§635. Retirement for years of service: regular brigadier generals and commodores*'. (B) The item relating to such section in the table of sections at the beginning of subchapter i n of chapter 36 of such title is amended to read as follows: "685. Retirement for years of service: r^ular brigadier generals and commodores.".

(6)(A) The heading of section 5442 of such title is amended to read as follows: ''§5442. Navy: line officers on active duty; commodores and rear admirals**. (B) The item relating to such section in the table of sections at the beginning of chapter 533 of such title is amended to read as follows: "5442. Navy: line officers on active duty; commodores and rear admirals.".

(7)(A) The heading of section 5444 of such title is amended to read as follows: "§5444. Navy: staff corps officers on active duty; commodores and rear admirals**. (B) The item relating to such section in the table of sections at the beginning of chapter 533 of such title is amended to read as follows: "5444. Navy: staff corps officers on active duty; commodores and rear admirals.".

(8) The table in section 741(a) of such title is amended by striking out "admiral" after "Commodore". (c) The table in section 201(a) of title 37, United States Code, is amended by striking out "admiral" after "Commodore" in the third colunm. 10 USC 611 note. (d)(1) Soction 614 of the Defense Officer Personnel Management Act is amended by striking out "admiral" after "commodore" each place it appears. (2)(A) The heading of such section is amended to read as follows: "TRANSITION PROVISIONS TO NEW COMMODORE GRADE".

(B) The item relating to such section in the table of contents in section 1(b) of such Act is amended to read as follows: "Sec. 614. Transition provisions to new commodore grade.".

>i «^e p. 134. (e) Section 621(b) of the Defense Officer Personnel Management Act 10 USC 611 note. ^ amended by striking out "admiral" after "commodore". Effective101 note (f) The amendments made by this section shall take effect as of 10 USC date. September 15, 1981 EXTENSION OF PILOT DEPARTMENT OF DEFENSE EDUCATIONAL LOAN REPAYMENT PROGRAM

10 USC 2141 note.

SEC. 406. Section 902^) of the Department of Defense Authorization Act, 1981 (Public Law 96-342; 94 Stat. 1115), is amended by

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95 STAT. 1107

striking out "October 1, 1981" and inserting in lieu thereof "Octo-

berUSsS".

TITLE V—RESERVE FORCES AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE

SEC. 501. (a) For fiscal year 1982, the Selected Reserve of the reserve lo use 26i components of the Armed Forces shall be programed to attain "^'^^ average strengths of not less than the following: (1) The Army National Guard of the United States, 392,800. (2) The Army Reserve, 235,300. (3) The Naval Reserve, 87,600. (4) The Marine Corps Reserve, 37,600. (5) The Air National Guard of the United States, 98,600. (6) The Air Force Reserve, 62,800. (7) The Coast Guard Reserve, 12,000. db) The average strength prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately r^uced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other thsm for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in traimng) without their consent at any time during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. AUTHORIZATION OF END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES

SEC. 502. (a) Within the average strengths prescribed in section 501, the reserve components of the Armed Forces are authorized as of September 30, 1982, the following number of Reserves to be serving on full-time active duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 11,439. (2) The Army Reserve, 6,285. (3) The Naval Reserve, 208. (4) The Marine Corps Reserve, 447. (5) The Air National Guard of the United States, 3,312. (6) The Air Force Reserve, 701. (b) Upon a determination by the Secretary of Defense that such action is in the national interest, the end strengths prescribed by subsection Ta) may be increased by a total of not more than the number equal to 2 percent of the total of the end strengths prescribed. INCREASE IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS

SEC. 503. Section 517 of title 10, United States Code, is amended— (1) by striking out the table in subsection (b) and inserting in lieu thereof the following:

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 95 STAT. 1108

PUBLIC LAW 97-86—DEC. 1, 1981 "Grade

E-9 E-8

MaArmy Navy rC^L rine Corps A:_

222 908

146 319

76 307

4 12";

and (2) by adding at the end thereof the following new subsection: "(c) Whenever the number of members serving in pay grade E-9 is less than the number authorized for that grade under subsection (a), or whenever the number of members serving in pay grade E-9 for duty described in subsection (b) is less than the number authorized for that grade under subsection (b), the difference between the two numbers may be applied to increase the number authorized under such subsection for pay grade E-8.". (b) The columns under the headings "Army" and "Air Force" in the table contained in section 524(a) of such title are amended to read as follows: "^""y

Force

1,105 551 171

189 194 147".

DEFENSE MOBIUZATION CAPABILITY STUDIES

Report to congressionai commi ees.

SEC 504. (a) The Secretary of Defense shall submit to the Commit^gg QJJ Armed Services of the Senate and the House of Representatives, not later than February 1, 1982, a written report containing a plan for resolving the existing shortage in pretrained military manpower required for a mobilization. The Secretary shall include in that report— (1) a detailed explanation for the total number of pretrained personnel estimated to be needed in the event of full military mobilization; (2) alternatives for eliminating, by September 30, 1984, the shortage in pretrained manpower needed for military mobilization during a war or other national emergency, including— (A) approaches under which persons would be inducted for service m the Individual Ready Reserve of the reserve components of the Armed Forces, and (B) approaches which do not provide for involuntary service in the Individual Ready Reserve; and (3) a detailed assessment of each of the various approaches addressed, including an assessment of the extent to which each will eliminate the shortages in pretrained military manpower in the Individual Ready Reserve. (b) The Secretary of Defense shall conduct a study of the potential impact on military capability during an emergency or mobilization of the use of Department of Defense civilian employees and of employees of private contractors who are performing work for the Department of Defense on a contractual basis who are not subject to the

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 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1109

Uniform Code of MUitary Justice. The Secretary of Defense shall submit the results of such study to the Congress not later than February 1, 1982. EXTENSION OF AUTHORITY FOR SELECTED RESERVE APFIUATION BONUS

SEC. 505. Section 308e(e) of title 37, United States Code, is amended by striking out "September 30, 1981" and inserting in lieu thereof "September 30, 1985^'. TITLE VI—CIVILIAN PERSONNEL AUTHORIZATION OF END STRENGTHS

SEC. 601. (a) The Department of Defense is authorized a strength in civilian personnel, as of September 30, 1982, of 1,024,500. (b)(1) The strength for civilian personnel prescribed in subsection (a) shall be apportioned among the Department of the Army, the Department of the Navy, the Department of the Air Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as the Secretary of Defense shall prescribe. The Secretary of Defense shall report to the Congress Report to within sixty days after the date of the enactment of this Act on the Congress. manner in which the initial allocation of civilian personnel is made among the military departments and the agencies of the Department of Defense (other than the military departments) and shall include the rationale for such allocation. (2)(A) Of the number of civilian personnel allocated to the Department of the Army pursuant to paragraph (1), the Secretary of the Army shall use not less than 16,800 of such number to relieve military personnel for the performance of other duties. Not more than 5,000 of such 16,800 personnel may be indirect hires. (B) The Secretary of the Army shall submit a written report to the Report to Committees on Armed Services of the Senate and House of Repre- congressional sentatives not later than February 1, 1982, specifying how the 16,800 committees. civilian personnel referred to in subparagraph (A) are to be utilized. The Secretary shall also indicate in such report (i) the extent to which such civilian personnel will be used to fill positions currently held by noncommissioned officers, and (ii) the number of such noncommissioned officers who will be assigned to combat units by virtue of the use of such civilian personnel in such positions. (c) In computing the strength for civilian personnel, there shall be Employment. included all direct-hire and indirect-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National Security Agency) whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker-trainee opportunity program. Personnel employed under a part-time career employment program established by section 3402 of title 5, United States Code, shall be counted as prescribed by section 3404 of that title. Whenever Transfer of a function, power, or duty, or activity is transferred or assigned to a functions. department or agency of the Department of Defense from a department or agency outeide of the Department of Defense, or from another department or agency within the Department of Defense, the civilian personnel end-strength authorized for such departments or

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 95 STAT. 1110

Notification to Congress.

PUBLIC LAW 97-86—DEC. 1, 1981

agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel required as a result of such transfer or assignment. (d) When the Secretary of Defense determines that such action is necessary in the national interest or if any conversion of commercialand industrial-type functions from performance by Department of Defense personnel to performance by private contractors which was anticipated to be made during flscal year 1982 in the budget of the President submitted for such flscal year is not determined to be appropriate for such conversion under established administrative criteria, the Secretary of Defense may authorize the employment of civilian personnel in excess of the number authorized by subsection (a), but such additional number may not exceed 2 percent of the total number of civilian personnel authorized for the Department of Defense by subsection (a). The Secretary of Defense shall promptly notify the Congress of any authorization to increase civilian personnel strength under this subsection. REPEAL OF REQUIREMENT FOR REDUCTION IN NUMBER OF SENIORGRADE CIVIUAN EMPLOYEES

SEC. 602. Section 811(a) of the Department of Defense Appropriation Authorization Act, 1978 (10 U.S.C. 131 note), is amended— (1) by striking out paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2) and by striking out "paragraphs (1) and (2)" in such paragraph and inserting in lieu thereof "paragraph (1)". STUDENTS EMPLOYED IN RESEARCH AND DEVELOPMENT LABORATORIES

10 USC 2360.

5 USC 8101 et seq. 28 USC 2671 et seq. Regulations.

SEC. 603. (a) Chapter 139 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§2360. Research and development laboratories: contracts for services of university students "(a) Subject to the availability of appropriations for such purpose, the Secretary of Defense may procure by contract under the authority of this section the temporary or intermittent services of students at institutions of higher learning for the purpose of providing technical support at defense research and development laboratories. Such contracts may be made directly with such students or with nonproflt organizations employing such students. "Ob) Students providing services pursuant to a contract made under subsection (a) shall be considered to be employees for the purposes of chapter 81 of title 5, relating to compensation for work injuries, and to be employees of the government for the purposes of chapter 171 of title 28, relating to tort claims. Such students who are not otherwise employed by the Federal Government shall not be considered to be Federal employees for any other purpose. "(c) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall include definitions for the purposes of this section of the terms 'student', 'institution of higher learning', and 'nonprofit organization'.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2360. Research and development laboratories: contracts for services of university students.".

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 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1111

TITLE Vn—MILITARY TRAINING STUDENT LOADS AUTHORIZATION OP TRAINING STUDENT LOADS

SEC. 701. (a) For fiscal year 1982, the components of the Armed Forces are authorized average military training student loads as follows: (1) The Army, 57,996. (2) The Navy, 65,133. (3) The Marine Corps, 18,311. (4) The Air Force, 46,389. (5) The Army National Guard of the United States, 7,467. (6) The Army Reserve, 8,456. (7) The Naval Reserve, 1,041. (8) The Marine Corps Reserve, 2,835. (9) The Air National Guard of the United States, 2,377. (10) The Air Force Reserve, 1,405. (b) In addition to the number authorized in subsection (a), the following components of the Armed Forces are authorized a military training student load to be utilized solely for one station unit training of not less than the following: (1) The Army, 17,732. (2) The Army National Guard of the United States, 7,070. (3) The Army Reserve, 2,374. (c) The average military student loads for the Army, the Navy, the Marine Corps, and the Air Force and the reserve components authorized in subsection (a) for fiscal year 1982 shall be adjusted consistent with the manpower strengths authorized in titles IV, V, and VI of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the reserve components in such manner as the Secretary of Defense shall prescribe. EXTENSION OP REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE IN A UNIT OP THE JUNIOR RESERVE OFFICERS* TRAINING CORPS

SEC. 702. (a) Section 602 of the Department of Defense Authorization Act, 1981 (Public Law 96-342; 94 Stat. 1087), is amended by striking out "August 31, 1981" and inserting in lieu thereof "August 31, 1982". O> The amendment made by subsection (a) shall take effect as of t) August 31, 1981. TITLE Vm—CIVIL DEFENSE

lo use 2031 '^°Effective date. iote.^^^^^^

AUTHORIZATION OF APPROPRIATIONS

SEC. 801. There is hereby authorized to be appropriated for fiscal year 1982 to carry out the provisions of the Federal Civil Defense Act of 1950 the sum of $129,000,000. 50 USC app. 2251 note. AMOUNT AUTHORIZED FOR CONTRIBUTION FOR STATE PERSONNEL AND ADMINISTRATIVE EXPENSES

SEC. 802. Section 408 of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2260) is amended by striking out "$40,000,000" and inserting in lieu thereof "$47,000,000".

-194 0—82

72:QL3

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 95 STAT. 1112

PUBLIC LAW 97-86—DEC. 1, 1981 DUAL-USE POLICY

SEC. 803. (a)(1) Title II of the Federal Civil Defense Act of 1950 is amended by adding a t the e n d thereof the following n e w section: "DUAL-USE FOR ATTACK-RELATED CIVIL DEFENSE A N D DISASTERRELATED CIVIL DEFENSE

50 USC app. ^^^^-

"SEC. 207. Funds made available to the States under this Act may be used by the States for the purposes of preparing for, and providing emergency assistance in response to, natural disasters to the extent that the use of such funds for such purposes is consistent with, contributes to, and does not detract from attack-related civil defense preparedness. The Administrator shall prescribe regulations to carry out the preceding sentence. Such regulations shall authorize the use for natural disaster purposes of civil defense personnel, materials, and facilities supported in whole or in part through contributions under this Act if such personnel, materials, and facilities are utilized, as determined by the Administrator, in a manner that is consistent with, contributes to, and does not detract from attack-related civil defense preparedness. Regulations prescribed under this subsection shall provide terms and conditions authorizing such use to the greatest extent consistent with the purposes of this Act as expressed in section 2.". 50 USC app. (2) Subsection (h) of section 205 of such Act (50 U.S.C. App. 2287) is 2286. repealed. 50 USC app. 2289 (3) Regulations shall be prescribed under section 207 of the Federal "°^® Civil Defense Act of 1950, a s added by paragraph (1), not later than the end of the 90-day period beginning on the date of the e n a c t m e n t of this Act. (4) The table of contents of such Act is amended by inserting after the item relating to section 206 the following new item: "Sec. 207. Dual-use for attack-related civil defense and disaster-related civil defense.".

"Natural disaster."

(b) Section 2 of such Act (50 U.S.C. App. 2251) is amended— (1) by striking out ", in this thermonuclear age," in the first sentence; (2) by inserting "and from natural disasters" after "from attack in the second sentence; and (3) by striking out "basic" in the fourth sentence and inserting in lieu thereof attack-related". (c) Section 3 of such Act (50 U.S.C. App. 2252) is amended— (1) by redesignating paragraph s (b), (c), (d), (e), (f), and (g) a s paragraph s (c), (d), (e), if), (g), and (h), respectively; (2) by inserting after paragraph (a) the following new paragraph (b): "Ob) The term 'natural disaster* means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophe in any part of the United States which causes, or which may cause, substantial damage or injury to civilian property or persons and, for the purposes of this Act, any explosion, civil disturbance, or any other manmade catastrophe shall be deemed to be a natural disaster;"; (3) by inserting "or by a natural disaster" in clause (1) of aragraph (c) (as so redesignated) after "attack upon the United tates"; and

P

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95 STAT. 1113

(4) by inserting "or natural disaster" after "attack" each place it appears in such paragraph after clause (1). (d)(1) Paragraph (c) of section 201 of the such Act (50 U.S.C. App. 2281(c)) is amended by striking out "of enemy attacks to the civilian population" and inserting in lieu thereof "to the civilian population of an attack or natural disaster". (2) Paragraph (d) of such section is amended by inserting "and natural disasters" after "effects of attacks". (3) Paragraph (g) of such section is amended by inserting "or natural disaster" after "attack" each place it appears in such paragraph. (e) Section 205(d)(1) of such Act (50 U.S.C. App. 2286(d)(1)) is amended by inserting "and the areas which may be affected by natural disasters" after "target and support areas". TITLE IX—GENERAL PROVISIONS REQUIREMENT OF ANNUAL AUTHORIZATION OF APPROPRIATIONS FOR AMMUNITION AND FOR OTHER PROCUREMENT NOT CURRENTLY SUBJECT TO ANNUAL AUTHORIZATION

S E C 901. (a) Section 138(a) of title 10, United States Code, is amended— (1) by striking out "or" at the end of clause (6); and (2) by inserting after clause (7) the following new clauses: "(8) procurement of ammunition; or "(9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);", (b) The amendments made by subsection (a) shall apply with 10 USC 138 note. respect to funds appropriated for fiscal years beginning after September 30, 1982. REQUIREMENT FOR ANNUAL REPORT ON NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT

SEC. 902. Section 138(b) of title 10, United States Code, is amended— (1) by inserting "(1)" after "(b)"; (2) by inserting "average" after "authorize the"; and (3) by adding at the end thereof the following new paragraph: "(2) The Secretary of Defense shall submit to the Congress each Report to year, not later than February 15, a written report concerning the ^o^s^ess. equipment of the National Guard and the reserve components of the armed forces for each of the three succeeding fiscal years. Each such report shall include— "(A) recommendations as to the type and quantity of each major item of equipment which should be in the inventory of the Selected Reserve of the Ready Reserve of each reserve component of the armed forces; "(B) the quantity and average age of each type of major item of equipment which is expected to be physically available in the inventory of the Selected Reserve of the Ready Reserve of each reserve component as of the beginning of each fiscal year covered by the report; "(C) the quantity and cost of each type of major item of equipment which is expected to be procured for the Selective Reserve of the Ready Reserve of each reserve component from

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 95 STAT. 1114

PUBLIC LAW 97-86—DEC. 1, 1981

commercial sources or to be transferred to each such Selected Reserve from the active-duty components of the armed forces; and "(D) the quantity of each type of major item of equipment which is expected to be retired, decommissioned, transferred, or otherwise removed from the physical inventory of the Selected Reserve of the Ready Reserve of each reserve component and the plans for replacement of that equipment. The report required by this paragraph shall be prepared and expressed in the same format and with the same level of detail as the information presented in the annual Five Year Defense Program Procurement Annex prepared by the Department of Defense.". DEFERRAL OF PERSONNEL END-STRENGTH LIMITATIONS DURING A NATIONAL EMERGENCY

Notification to Congress.

SEC. 903. Section 138(c) of title 10, United States Code, is amended by adding at the end thereof the following new paragraph: "(4) If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend beyond November 30 of the following fiscal year. The President shall promptly notify Congress of any deferral of an end-strength limitation under this paragraph.". PROHIBITION OF CERTAIN CIVIUAN PERSONNEL MANAGEMENT CONSTRAINTS

10 USC 140b.

SEC. 904. (a) Chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§140b. Prohibition of certain civilian personnel management constraints "The civilian personnel of the Department of Defense shall be managed each fiscal year solely on the basis of and consistent with (1) the workload required to carry out the functions and activities of the department, (2) the funds made available to the department for such fiscal year, and (3) the authorized end strength for the civilian personnel of the department for such fiscal year. The management of such personnel in any fiscal year shall not be subject to any man-year constraint or limitation.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "140b. Prohibition of certain civilian personnel management constraints.". AUTHORIZATION OF MILITARY COOPERATION WITH CIVIUAN LAW ENFORCEMENT OFFICIALS

SEC. 905. (a)(1) Part I of subtitle A of title 10, United States Code, is amended by adding after chapter 17 the following new chapter: "CHAPTER 18—MILITARY COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS "Sec. "371. Use of information collected during military operations.

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Page:Folk-lore - A Quarterly Review. Volume 8, 1897.djvu/94

72 (Vol. vii., p. 330.) Since my paper on "Haxey-hood" went to press, my attention has been drawn to the fact that the game has a remarkable analogy with Cornish hurling, although in the latter amusement a ball, not a roll of sacking or leather, is the centre of interest. According to an account given of the Cornish custom in The Sketch, November 11, 1896, p. 109, hurling is still kept up at St. Columb Major, and playing is annually commenced on Shrove-Tuesday. A ball of apple-wood with a thick coating of silver is the object contended for, and there are two goals each a mile distant from the place where the ball is thrown up, being thus two miles apart from each other. One is designated the "town goal" and the other the "country goal"; and the aim of each party of players is to get the ball to its own goal. Hurling must have formerly been a quasi-ecclesiastical amusement, as it appears to have always been indulged in at some sacred season, or on Sunday, the east window of the parish church being commonly a goal ; while tradition says that in one parish at least the ball was thrown up in the church itself, and that the clergy took a leading part in the game. Hunt in his Popular Romances of the West of England (edition 1881), p. 400, speaks of hurling as recently practised in the parishes west of Penzance on Sunday afternoon. The game was usually between two parishes, "sometimes between Burian and Sancreed, or against St. Leven and Sennen, or the higher side of the parish played against the lower." The game had its name from "hurling" a wooden ball about three inches in diameter, covered with a plate of silver, which was sometimes gilt and had commonly a motto, "Gware wheag yeo gware teag," i.e. Fair play is good play. The sport was formerly practised annually by those who attended corporate bodies in surveying the bounds of parishes; but from the many accidents that usually resulted it is now rarely played. A St. Ives correspondent informed Mr. Hunt that the game had not yet died out at St. Ives, St. Columb, and St. Blazey, on the anniversary of the dedication of the church.


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Page:United States Statutes at Large Volume 95.djvu/1141

 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1115

"372. Use of military equipment and facilities. "373. Training and advising civilian law enforcement officials. "374. Assistance by Department of Defense personnel. "375. Restriction on direct participation by military personnel. "376. Assistance not to affect adversely military preparedness. "377. Reimbursement. "378. Nonpreemption of other law.

"§371. Use of information collected during military operations "The Secretary of Defense may, in accordance with other applicable law, provide to Federal, State, or local civilian law enforcement officials any information collected during the normal course of military operations that may be relevant to a violation of any Federal or State law within the jurisdiction of such officials. "§ 372. Use of military equipment and facilities "The Secretary of Defense may, in accordance with other applicable law, make available any equipment, base facility, or research facility of the Army, Navy, Air Force, or Marine Corps to any Federal, State, or local civilian law enforcement official for law enforcement purposes. "§373. Training and advising civilian law enforcement officials "The Secretary of Defense may assign members of the Army, Navy, Air Force, and Marine Corps to train Federal, State, and local civilian law enforcement officials in the operation and maintenance of equipment made available under section 372 of this title and to provide expert advice relevant to the purposes of this chapter. "§ 374. Assistance by Department of Defense personnel "(a) Subject to subsection (b), the Secretary of Defense, upon request from the head of an agency with jurisdiction to enforce— "(1) the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); "(2) any of sections 274 through 278 of the Immigration and Nationality Act (8 U.S.C. 1324-1328); or "(3) a law relating to the arrival or departure of merchandise (as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401)) into or out of the customs territory of the United States (as defined in general headnote 2 of the Tariff Schedules of the United States (19 U.S.C. 1202)) or any other territory or possession of the United States, may assign personnel of the Department of Defense to operate and maintain or assist in operating and maintaining equipment made available under section 372 of this title with respect to any criminal violation of any such provision of law. "(b) Except as provided in subsection (c), equipment made available under section 372 of this title may be operated by or with the assistance of personnel assigned under subsection (a) only to the extent the equipment is used for monitoring and communicating the movement of air and sea traffic. "(c)(1) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may be used outside the land area of the United States (or any territory or possession of the United States) as a base of operations by Federal law enforcement officials to facilitate the enforcement of a law listed in subsection (a) and to transport such law enforcement officials in connection with such operations, if—

10 USC 37i.

lo use 372

lo use 373.

10 USC 374.

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Page:United States Statutes at Large Volume 95.djvu/1142

 95 STAT. 1116

Emergency circumstance.

PUBLIC LAW 97-86—DEC. 1, 1981

"(A) equipment operated by or with the assistance of personnel assigned under subsection (a) is not used to interdict or to interrupt the passage of vessels or aircraft; and "(B) the Secretary of Defense and the Attorney General jointly determine that an emergency circumstance exists. "(2) For purposes of this subsection, an emergency circumstance may be determined to exist only when— "(A) the size or scope of the suspected criminal activity in a given situation poses a serious threat to the interests of the United States; and "(B) enforcement of a law listed in subsection (a) would be seriously impaired if the assistance described in this subsection were not provided.

10 USC 375.

"§ 375. Restriction on direct participation by military personnel "The Secretary of Defense shall issue such regulations as may be necessary to insure that the provision of any assistance (including the provision of any equipment or facility or the assignment of any personnel) to any civilian law enforcement official under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in an interdiction of a vessel or aircraft, a search and seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

10 USC 376.

"§ 376. Assistance not to affect adversely military preparedness "Assistance (including the provision of any equipment or facility or the assignment of any personnel) may not be provided to any civilian law enforcement official under this chapter if the provision of such assistance will adversely affect the military preparedness of the United States. The Secretary of Defense shall issue such regulations as may be necessary to insure that the provision of any such assistance does not adversely affect the military preparedness of the United States.

10 USC 377.

"§377. Reimbursement "The Secretary of Defense shall issue regulations providing that reimbursement may be a condition of assistance to a civilian law enforcement official under this chapter.

10 USC 878.

"§ 378. Nonpreemption of other law "Nothing in this chapter shall be construed to limit the authority of the executive branch in the use of military personnel or equipment for civilian law enforcement purposes beyond that provided by law prior to the enactment of this chapter.". (2) The tables of chapters at the beginning of subtitle A of such title and at the beginning of part I of subtitle A of such title are amended by adding after the item relating to chapter 17 the following new item: "18. Military Cooperation With Civilian Law Enforcement Officials

Report to Congress.

371".

(b) Not later than 30 days after the end of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a comprehensive report to Congress on the operation through the end of such period of chapter 18 of title 10, United States Code (as added by subsection (a)). Such report shall include findings of the Secretary concerning the effect of assistance provided under such chapter.

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Page:United States Statutes at Large Volume 95.djvu/1143

 PUBLIC LAW 97-86-DEC. 1, 1981

95 STAT. 1117

DETERMINATION OF CHARGES FOR CHAMPUS PAYMENTS

SEC. 906. (a)(l) Subsection (h) of section 1079 of title 10, United States Code, is amended to read as follows: "(h)(1) Payment for a charge for services by an individual healthcare professional (or other noninstitutional health-care provider) for which a claim is submitted under a plan contracted for under subsection (a) may be denied only to the extent that the charge exceeds the amount equivalent to the 90th percentile of billed charges made for similar services in the same locality during the base period. "(2) For the purposes of paragraph (1), the 90th percentile of charges shall be determined by the Secretary of Defense, in consultation with the Secretary of Health and Human Services, and the base period shall be a period of twelve calendar months. The base period shall be adjusted at least once a year.". (2) Section 1086(f) of such title is amended by striking out "physician services" and inserting in lieu thereof "services by an individual health-care professional (or other noninstitutional health-care provider)". (b) The amendments made by subsection (a) shall apply with Effective date. 10 ^'''^ '""" respect to claims submitted for payment for services provided after note.s e 1079 '" u the end of the 30-day period beginning on the date of the enactment of this Act. INCREASES IN DOLLAR THRESHOLDS FOR CERTAIN DEFENSE CONTRACT REGULATIONS

SEC. 907. (a) Sections 2304(a)(3) and 2304(g) of title 10, United States Code, are amended by striking out "$10,000" and inserting in lieu thereof "$25,000". (b) Section 2306(f)(1) of such title is amended by striking out "$100,000" each place it appears and inserting in lieu thereof "$500,000". (c) Section 2311 of such title is amended by striking out "$100,000" and inserting in lieu thereof "$5,000,000". PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIPMENT

SEC. 908. (a)(1) Chapter 137 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§2315. Law inapplicable to the procurement of automatic data 10 USC 2315. processing equipment and services for certain defense purposes "(a) Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 795) is not applicable to the procurement by 40 USC 759. the Department of Defense of automatic data processing equipment or services if the function, operation, or use of the equipment or services— "(1) involves intelligence activities; "(2) involves cryptologic activities related to national security; "(3) involves the command and control of military forces; "(4) involves equipment that is an integral part of a weapon or weapons system; or "(5) subject to subsection (b), is critical to the direct fulfillment of military or intelligence missions.

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Page:United States Statutes at Large Volume 95.djvu/1144

 95 STAT. 1118

PUBLIC LAW 97-86—DEC. 1, 1981

"(b) Subsection (aK5) does not include procurement of automatic data processing equipment or services to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).'. (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2315. Law inapplicable to the procurement of automatic data processing equipment and services for certain defense purposes.". Restriction. 10 USC 2315 note.

(b) Section 2315 of title 10, United States Code, as added by subsection (a), does not apply to a contract made before the date of the enactment of this Act. MULTIYEAR PROCUREMENT

Contracts.

SEC. 909. (a) Section 2301 of title 10, United States Code, is amended— (1) by striking out "It is" and inserting in lieu thereof "(b) It is also"- and (2) Dv inserting after the section heading the following: "(a)(1) The Congress finds that in order to ensure national defense preparedness, to conserve fiscal resources, and to enhance defense production capability, it is in the interest of the United States to acquire property and services for the Department of Defense in the most timely, economic, and efficient manner. It is therefore the policy of the Congress that services and property (including weapon systems and associated items) for the Department of Defense be acquired by any kind of contract, other than cost-plus-a-percentage-of-cost contracts, but including multiyear contracts, that will promote the interest of the United States. Further, it is the policy of the Congress that such contracts, when practicable, provide for the purchase of property at times and in quantities that will result in reduced costs to the Government and provide incentives to contractors to improve productivity through investment in capital facilities, equipment, and advanced technology. "(2) It is also the policy of the 0)ngress that contracts for advance procurement of components, parts, and materials necessary for manufacture or for logistics support of a weapon system should, if feasible and practicable, be entered into in a manner to achieve economic-lot purchases and more efficient production rates.". (b) Section 2306 of such title is amended— (1) by striking out "to be performed outside the forty-eight contiguous States and the District of Columbia" in subsection (g); and (2) by adding at the end thereof the following new subsection: "(h)(1) To the extent that funds are otherwise available for obligation, the head of an agency may make multiyear contracts (other than contracts described m paragraph (6)) for the purchase of property, including weapon systems and items and services associated with weapon systems (or the logistics support thereof), whenever he finds— "(A) that the use of such a contract will promote the national security of the United States and will result in reduced total costs under the contract; "(B) that the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities;

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Page:United States Statutes at Large Volume 95.djvu/1145

 PUBLIC LAW 9 7 - 8 6 - D E C. 1, 1981

95 STAT. 1119

"(C) that there is a reasonable expectation that throughout the contemplated contract period the Department of Defense will request funding for the contract at the level required to avoid contract cancellation; "(D) that there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive; and "(E) that the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic. "(2)(A) The Secretary of Defense shall prescribe defense acquisition regulations to promote the use of multiyear contracting as authorized by paragraph (1) in a manner that will allow the most efficient use of multiyear contracting. "(B) Such regulations may provide for cancellation provisions in such multiyear contracts to the extent that such provisions are necessary and in the best interests of the United States. Such cancellation provisions may include consideration of both recurring and nonrecurring costs of the contractor associated with the production of the items to be delivered under the contract. "(C) In order to broaden the defense industrial base, such regulations shall provide that, to the extent practicable— "(i) multiyear contracting under paragraph (1) shall be used in such a manner as to seek, retain, and promote the use under such contracts of companies that are subcontractors, vendors, or suppliers; and "(ii) upon accrual of any payment or other benefit under such a multiyear contract to any subcontractor, vendor, or supplier company participating in such contract, such payment or benefit shall be delivered to such company in the most expeditious manner practicable. "(D) Such regulations shall also provide that, to the extent practicable, the administration of this subsection, and of the regulations prescribed under this subsection, shall not be carried out in a manner to preclude or curtail the existing ability of agencies in the Department of Defense to— "(i) provide for competition in the production of items to be delivered under such a contract; or "(ii) provide for termination of a prime contract the performance of which is deficient with respect to cost, quality, or schedule. "(3) Before any contract described in paragraph (1) that contains a clause setting forth a cancellation ceiling in excess of $100,000,000 may be awarded, the head of the agency concerned shall give written notification of the proposed contract and of the proposed cancellation ceiling for that contract to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives, and such contract may not then be awarded until the end of a period of 30 days beginning on the date of such notification, "(4) Contracts made under this subsection may be used for the advance procurement of components, parts, and materials necessary to the manufacture of a weapon system, and contracts may be made under this subsection for such advance procurement, if feasible and practical, in order to achieve economic-lot purchases and more efficient production rates. "(5) In the event funds are not made available for the continuation of a contract made under this subsection into a subsequent fiscal

Regulations.

Cancellation notification to congressional committees.

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Page:United States Statutes at Large Volume 95.djvu/1146

 95 STAT. 1120

Restrictions.

Multiyear contract.

Regulation and directive modifications. 10 USC 2301 note.

Repeal.

PUBLIC LAW 97-86—DEC. 1, 1981

year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from— "(A) appropriations originally available for the performance of the contract concerned; "(B) appropriations currently available for procurement of the type of property concerned, and not otherwise obligated; or "(C) funds appropriated for those payments. "(6) This subsection does not apply to contracts for the construction, alteration, or major repair of improvements to real property or contracts for the purchase of property to which section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) applies. "(7) This subsection does not apply to the Coast Guard or the National Aeronautics and Space Administration. "(8) For the purposes of this subsection, a multiyear contract is a contract for the purchase of property or services for more than one, but not more than five, program years. Such a contract may provide that performance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds and (if it does so provide) may provide for a cancellation pajTnent to be made to the contractor if such appropriations are not made.". (c) Section 139(c) of such title is amended— (1) by striking out "and" at the end of clause (2); (2) by striking out the period at the end of clause (3) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(4) the most efficient production rate and the most efficient acquisition rate consistent with the program priority established for such weapon system by the Secretary concerned.'. (d) Not later than the end of the 90-day period beginning on the date of the enactment of this Act— (1) the Secretary of Defense shall issue such modifications to existing regulations governing defense acquisitions as may be necessary to implement the amendments made by subsections (a), (b), and (c); and (2) the Director of the Office of Management and Budget shall issue such modifications to existing Office of Management and Budget directives as may be necessary to take into account the amendments made by subsections (a) and (b). (e) Section 810 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94-106; 89 Stat. 539), is repealed. (f) Section 2311 of title 10, United States Code, is amended— (1) by striking out "(1)"; and (2) by striking out ", and (2) authorizing contracts in excess of three years under section 2306(g) of this title". RESEARCH GRANTS

SEC. 910. Section 2358(1) of title 10, United States Code, is amended by inserting ", or by grant to," after "by contract with". MODIFICATION OF DEFENSE CONTRACT PROFIT LIMITATION PROVISIONS

SEC. 911. (a)(1) Section 2382 of title 10, United States Code, is amended to read as follows:

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Page:United States Statutes at Large Volume 95.djvu/1147

 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1121

"§2382. Contract proHt controls during emergency periods "(a)(1) Upon a declaration of war by Congress or a declaration of national emergency by the President or by Congress, the President is authorized to prescribe such regulations to control excessive profits on defense contracts as he determines, are necessary during the period of such war or national emergency. Such regulations shall be prescribed only after consultation with the Secretary of Defense, the Secretary of the Treasury, and the Secretary of Commerce and shall apply to appropriate defense contracts and subcontracts (as determined by the President), and to appropriate major modifications of defense contracts and subcontracts (as determined by the President), that are entered into during such war or national emergency. Such regulations, if prescribed by the President, shall be transmitted to Congress within sixty days after the declaration of such war or national emergency. Any material amendment to such regulations shall be prescribed in the same manner and shall promptly be submitted to Congress. "(2) Such regulations, if prescribed by the President, shall set forth standards and procedures for determining what constitutes excessive profits and shall establish thresholds for coverage of contracts and exemptions (including contracts awarded under competition and contracts for standard commercial articles and services) that will minimize administrative expenses and not impose unfair burdens on contractors. "(3) In this subsection, 'excessive profits' means profits that are unconscionable or amount to an unjust enrichment of contractors or subcontractors, as determined under such regulations as may be prescribed by the President under subsection (a), taking into consideration all relevant circumstances, including the character of the business, complexity of the work or services performed under the contract or subcontract, the amount of assets and capital required to perform the contract or subcontract, and the extent to which profit limitations are imposed on nondefense contractors. "(b) Regulations transmitted by the President under subsection (a) (including any material amendment to such regulations) shall take effect unless both Houses of Congress, within sixty legislative days after the date upon which the President transmits the regulations, adopt a concurrent resolution stating in substance that the Congress disapproves the regulations. For the purposes of the preceding sentence, a legislative day is a day on which either House of Congress is in session. "(c) Regulations not disapproved by both Houses of Congress shall remain in effect for a period of not more than five years after the date on which they take effect unless they are extended by a concurrent resolution adopted by both Houses of the Congress before the date on which they would expire. Any such extension may not be for a period in excess of one year. "(d) The United States Court of Claims shall have exclusive jurisdiction over claims arising from actions taken under this section and under regulations prescribed under this section. "(e) The President shall transmit a report to Congress on the operation of this section at the end of each one-year period during which regulations issued under this section are in effect and at the end of any war or national emergency during which such regulations are in effect.".

Regulations. 10 USC 2382.

Transmittal to Congress.

"Excessive profits."

Report to Congress.

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Page:United States Statutes at Large Volume 95.djvu/1148

 95 STAT. 1122

PUBLIC LAW 97-86—DEC. 1, 1981

(2) The item relating to section 2382 in the table of sections at the beginning of chapter 141 of title 10, United States Code, is amended to read as follows: "2382. Contract profit controls during emergency periods.".

Repeal. 10 USC 2382 ^°^-

(b)(1) Section 7300 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 633 of such title is amended by striking out the item relating to section 7300. (c) No regulation may be issued or other action taken for the purpose of enforcing any provision of section 2382 or section 7300 of title 10, United States Code, with respect to any contract entered into during the period beginning on October 1, 1976, and ending on the date of the enactment of this Act. MILITARY BASE REUSE STUDIES AND COMMUNITY PLANNING ASSISTANCE

SEC. 912. (a)(1) Chapter 141 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 2391.

"§2391. Military base reuse studies and community planning assistance "(a) Whenever the Secretary of Defense or the Secretary of the military department concerned publicly announces that a military installation is a candidate for closure or that a final decision has been made to close a military installation and the Secretary of Defense determines, because of the location, facilities, or other particular characteristics of the installation, that the installation may be suitable for some specific Federal, State, or local use potentially beneficial to the Nation, the Secretary of Defense may conduct such studies, including the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in connection with such installation and such potential use as may be necessary to provide information sufficient to make sound conclusions and recommendations regarding the possible use of the installation. "(b)(1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds made available under Federal programs administered by agencies other than the Department of Defense in order to assist State and local governments, and regional organizations composed of State and local governments, in planning community adjustments required (A) by the proposed or actual establishment, realignment, or closure of a military installation, or (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, if the Secretary of Defense determines that the action is likely to impose a significant impact on the affected community. "(2) In the case of the establishment or expansion of a military installation, assistance may be made under paragraph (1) only if (A) community impact assistance or special impact assistance is not otherwise available, and (B) the establishment or expansion involves the assignment to the installation of (i) more than 2,500 military, civilian, and contractor Department of Defense personnel, or (ii) more military, civilian, and contractor Department of Defense personnel than the number equal to 10 percent of the number of persons employed in counties or independent municipalities within fifteen miles of the installation, whichever is lesser.

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Page:United States Statutes at Large Volume 95.djvu/1149

 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1123

"(3) In the case of the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, assistance may be made under paragraph (1) only if the cancellation, termination, or failure to proceed involves the loss of 2,500 or more full-time Department of Defense and contractor employee positions in the locality of the affected community. "(4) Funds provided to State and local governments and regional organizations under this section may be used as part or all of any required non-Federal contribution to a Federal grant-in-aid program for the purposes stated in paragraph (1). "(5) Not more than $2,000,000 in assistance may be provided under this subsection in any fiscal year. "(c) The Secretary of Defense shall submit a report not later than December 1 of each year to the Committees on Armed Services of the Senate and House of Representatives concerning the operation of this section during the preceding fiscal year. Each such report shall identify each State, unit of local government, and regional organization that received a grant under this section during such fiscal year and the total amount granted under this section during such year to each such State, unit of local government, and regional organization. "(d) In this section, 'military installation' means any camp, post, station, base, yard, or other installation under the jurisdiction of a military department that is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or Guam. "(e) The authority of the Secretary of Defense to make grants under this section in any fiscal year is subject to the availability of appropriations for that purpose.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item:

Report to congressional committees.

"Military installation."

"2391. Military base reuse studies and community planning assistance.".

(b) Section 610 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1365), is repealed. (c) The first report under subsection (c) of section 2391 of title 10, United States Code, as added by subsection (a), shall be submitted not later than December 1, 1982.

Repeal. 10 USC 133 note. 10 USC 2391 note.

PROHIBITION ON USE OF FUNDS TO REUEVE ECONOMIC DISLOCATIONS

SEC. 913. (a)(1) Chapter 141 of title 10, United States Code, is amended by adding after section 2391 (as added by section 912) the following new section: "§2392. Prohibition on use of funds to relieve economic dislocations "(a) In order to help avoid the uneconomic use of Department of Defense funds in the procurement of goods and services, the Congress finds that it is necessary to prohibit the use of such funds for certain purposes. "(b) No funds appropriated to or for the use of the Department of Defense may be used to pay, in connection with any contract awarded by the Department of Defense, a price differential for the purpose of relieving economic dislocations.". (2) The table of sections at the beginning of chapter 141 of such title is amended by adding after the item relating to section 2391 (as added by section 912) the following new item:

10 USC 2392.

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