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Page:United States Statutes at Large Volume 95.djvu/1082

 95 STAT. 1056

PUBLIC LAW 97-72—NOV. 3, 1981

"(1) The Administrator may not make a direct loan under this section unless the veterans' small business concern applying for the loan shows to the satisfaction of the Administrator that the concern is unable to obtain a loan guaranteed by the Veterans' Administration under this section or made or guaranteed by the Small Business Administration. Loan guarantee. "(2) The Administrator may not guarantee a loan under this section if the loan bears a rate of interest in excess of the maximum rate of interest prescribed under section 1845 of this title. "(3) The Administrator may not make or guarantee a loan under this section for an amount in excess of $200,000. Liability. "(4) The original liability of the Administrator on any loan guaranteed under this section may not exceed 90 per centum of the amount of the loan, and such liability shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the loan, but such liability may not exceed the amount of the original guaranty. "(c) Each loan made or guaranteed under this subchapter shall be of such sound value, taking into account the creditworthiness of the veterans' small business concern (and the individual owners) applying for such loan, or so secured as reasonably to assure payment. "(d)(1) Except as provided in paragraph (2) of this subsection, the Administrator may not make or guarantee a loan under this subchapter to a veterans' small business concern in which an ownership interest is held by a veteran who also has an ownership interest in another small business concern if such ownership interest was considered in qualifying that other concern for an outstanding loan made or guaranteed under this subchapter or the Small Business Act (15 U.S.C. 631 et seq.). "(2) Paragraph (1) of this subsection shall not apply if 51 per centum or more of the business concern seeking a direct or guaranteed loan under this subchapter is owned by veterans of the Vietnam era or disabled veterans without including the ownership interest of the veteran whose ownership interest in another small business concern was previously considered in qualifying that other concern for an outstanding guaranteed or direct business loan under this subchapter or the Small Business Act (15 U.S.C. 631 et seq.). Suspension. "(e)(1) In order to protect the interest of the United States, upon application by a veterans' small business concern which is the recipient of a loan guaranteed under this subchapter, the Administrator (subject to the provisions of this subsection) may undertake the veterans' small business concern's obligation to make payments under such loan or, if the loan was a direct loan made by the Administrator, may suspend such obligation. While such payments are being made by the Administrator pursuant to the undertaking of such obligation or while such obligation is suspended, no such payment with respect to the loan may be required from the concern. "(2) The Administrator may undertake or suspend a veterans' small business concern's obligation under this subsection only if— "(A) such undertaking or suspension of the obligation is, in the judgment of the Administrator, necessary to protect the interest of the United States; "(B) with the undertaking or suspension of the obligation, the small business concern would, in the judgment of the Administrator, become or remain a viable small business entity; and

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Page:United States Statutes at Large Volume 95.djvu/1083

 PUBLIC LAW 97-72—NOV. 3, 1981

95 STAT. 1057

"(C) the small business concern executes an agreement in writing satisfactory to the Administrator as provided by paragraph (4) of this subsection. "(3) The period of time for which the Administrator undertakes or suspends the obligation on a loan under this subsection may not exceed five years. The Administrator may extend the maturity of any loan on which the Administrator undertakes or suspends the obligation under this subsection for a corresponding period of time. "(4)(A) Before the Administrator may undertake or suspend a Agreement. veterans' small business concern's obligation under this subsection, the Administrator shall require the small business concern to execute an agreement to repay the aggregate amount of the payments which were required under the loan during the period for which the obligation was undertaken or suspended— "(i) by periodic pa3niients not less in amount or less frequently falling due than those which were due under the loan during such period, "(ii) pursuant to a repayment schedule agreed upon by the Administrator and the small business concern, or "(iii) by a combination of the method of payments described in clauses (i) and (ii) of this subparagraph. "(B) In addition to requiring the small business concern to execute the agreement described in subparagraph (A) of this paragraph, the Administrator shall, before the undertaking or suspension of the obligation, take such action and require the small business concern to take such action as the Administrator considers appropriate in the circumstances, including the provision of such security as the Administrator considers necessary or appropriate, to assure that the rights and interests of the United States and any lender will be safeguarded adequately during and after the period in which such obligation is so undertaken or suspended. "§ 1843. Liability on loans 38 USC 1843. "Each individual who has an ownership interest in a veterans' small business concern that is provided a direct loan under this subchapter, or that obtains a loan guaranteed under this subchapter, shall execute a note or other document evidencing the direct or guaranteed business loan, and such individuals shall be jointly and severally liable to the United States for the amount of such direct loan or, in the case of a guaranteed loan, for any amount paid by the Administrator on account of such loan. "§ 1844. Approval of loans by the Administrator 38 USC 1844. "(a) Except as provided in subsection (b) of this section, a loan may not be guaranteed under this subchapter unless, before the closing of the loan, it is submitted to the Administrator for approval and the Administrator grants approval. "(b) The Administrator may exempt any lender of a class of lenders listed in section 1802(d) of this title from the prior approval requirement in subsection (a) of this section if the Administrator determines that the experience of such lender or class of lenders warrants such exemption. "(c) The Administrator may at any time upon thirty days' notice require loans to be made by any lender or class of lenders under this subchapter to be submitted to the Administrator for prior approval. No guaranty shall exist with respect to any such loan unless evidence of the guaranty is issued by the Administrator.

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Page:Theodore Roosevelt Rough Riders.djvu/203

Rh and the colored regulars seemed to suffer about alike, and we were all very much weakened; about as much as the regular infantry, although naturally not as much as the volunteer infantry.

Yet even under such circumstances adventurous spirits managed to make their way out to us. In the fortnight following the last bombardment of the city I enlisted no less than nine such recruits, six being from Harvard, Yale, or Princeton: and Bull, the former Harvard oar, who had been back to the States crippled after the first fight, actually got back to us as a stowaway on one of the transports, bound to share the luck of the regiment, even if it meant yellow fever.

There were but twelve ambulances with the army, and these were quite inadequate for their work; but the conditions in the large field hospital were so bad, that as long as possible we kept all of our sick men in the regimental hospital at the front. Dr. Church did splendid work, although he himself was suffering much more than half the time from fever. Several of the men from the ranks did equally well, especially a young doctor from New York, Harry Thorpe, who had enlisted as a trooper, but who was now made acting assistant-surgeon. It was with the greatest difficulty that Church and Thorpe were able to get proper medicine for the sick, and it was almost the last day of our stay before we were able


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Page:United States Statutes at Large Volume 95.djvu/1084

 95 STAT. 1058

PUBLIC LAW 97-72—NOV. 3, 1981

38 USC 1845

«§ 1845. Interest on loans "(a) Loans guaranteed under this subchapter shall bear interest not in excess of such rate as the Administrator may from time to time find the loan market demands. In establishing the rate of interest that shall be applicable to such loans, the Administrator shall consult with the Administrator of the Small Business Administration. "(b) The rate of interest on any direct loan made by the Administrator under this subchapter may not exceed the maximum rate in effect under subsection (a) of this section at the time the direct loan is made.

38 USC 1846.

"§ 1846. Maturity of loans "The maturity of a loan made or guaranteed under this subchapter that is used in whole or in part for the construction, conversion, or expansion of facilities or for acquisition of real property may not exceed twenty years plus such additional reasonable time as the Administrator may determine, at the time the loan is made, is required to complete the construction, acquisition, or expansion of such facilities. The maturity of any other loan made or guaranteed under this subchapter may not exceed ten years.

38 USC 1847.

"§ 1847. Eligible financial institutions "The Administrator may not guarantee under this subchapter a loan made by an entity not subject to examination and supervision by an agency of the United States or of a State.

38 USC 1848.

"§ 1848. Preference for disabled veterans "In the extension of financial assistance under this subchapter, the Administrator shall give preference, first, to veterans' small business concerns in which disabled veterans who have successfully completed a vocational rehabilitation program for self-employment in a small business enterprise under chapter 31 of this title have a significant ownership interest, and, second, to veterans' small business concerns in which other disabled veterans have a significant ownership interest. "§ 1849. Revolving fund "(a) There is established in the Treasury a revolving fund to be known as the 'Veterans' Administration Small Business Loan Revolving Fund' (hereinafter in this section referred to as the 'fund'). "(b) Amounts in the fund shall be available to the Administrator without fiscal year limitation for all loan guaranty and direct loan operations under this subchapter other than administrative expenses and may not be used for any other purpose. "(c)(1) Effective for fiscal year 1982 and fiscal years thereafter, ^^^^^ jg authorized to be appropriated to the fund a total of $25,000,000. "(2) There shall be deposited into the fund all amounts received by the Administrator derived from loan operations under this subchapter, including all collection of principal and interest and the proceeds from the use of property held or of property sold. "(d) The Administrator shall determine annually whether there has developed in the fund a surplus which, in the Administrator's judgment, is more than necessary to meet the needs of the fund. Any such surplus shall immediately be transferred into the general fund of the Treasury. "(e) Not later than two years after the termination of the authority of the Administrator to make new commitments for financial assist-

88 USC 1849.

Appropriation authorization.

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Page:United States Statutes at Large Volume 95.djvu/1085

 95 STAT. 1059

PUBLIC LAW 97-72—NOV. 3, 1981

ance under this subchapter, the Administrator shall transfer into the general fund of the Treasury all amounts in the fund except those that the Administrator determines may be required for the liquidation of obligations under this subchapter. AH amounts received thereafter derived from loan operations under this subchapter, except so much thereof as the Administrator may determine to be necessary for liquidating outstanding obligations under this subchapter, shall also be so deposited. "§ 1850. Incorporation of other provisions by the Administrator "The Administrator may provide that the provisions of sections of other subchapters of this chapter that are not otherwise applicable to loans made or guaranteed under this subchapter shall be applicable to loans made or guaranteed under this subchapter. The Administrator shall exercise authority under the preceding sentence by regulations prescribed after publication in the Federal Register and a period of not less than thirty days for public comment. "§ 1851. Termination of program "The Administrator may not make commitments for financial assistance under this subchapter after September 30, 1986.". (b)(1) The title of such chapter is amended to read as follows:

38 USC 1850.

Publication in Federal Register.

38 USC 1851.

"CHAPTER 37—HOUSING AND SMALL BUSINESS LOANS". (2) The table of chapters before part I and the table of chapters at the beginning of part III are each amended by striking out the item relating to chapter 37 and inserting in lieu thereof the following: "37. Housing and Small Business Loans

1801".

(3) The table of sections at the beginning of such chapter is amended by adding at the end the following: "SUBCHAPTER IV-SMALL BUSINESS LOANS "Sec. "1841. "1842. "1843. "1844. "1845. "1846. "1847. "1848. "1849. "1850. "1851.

Definitions. Small business loan program. Liability on loans. Approval of loans by the Administrator. Interest on loans. Maturity of loans. Eligible financial institutions. Preference for disabled veterans. Revolving fund. Incorporation of other provisions by the Administrator. Termination of program.". CONFORMING AMENDMENTS

SEC. 303. (a) Section 1801 is amended— (1) by redesignating subsections (a) and O> as subsections (b) t) and (c), respectively; (2) by inserting before subsection (h) (as redesignated by clause (D) the following new subsection: "(a) For the purpose of this chapter, the term 'housing loan' means a loan for any of the purposes specified by sections 1810(a) and 1819(a)(1) of this title."; (3) by striking out "this chapter—" in subsection (b) (as redesignated by clause (1)) and inserting in lieu thereof "housing loans under this chapter—"; and

38 USC 1801.

"Housing loan."

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Page:United States Statutes at Large Volume 95.djvu/1086

 95 STAT. 1060

38 USC 1802.

38 USC 1803.

38 USC 1807. 38 USC 1815. 38 USC 1817.

38 USC 1818. 38 USC 1819.

38 USC 1824. 38 USC 1517.

PUBLIC LAW 97-72—NOV. 3, 1981

(4) by striking out "Coast and Geodetic Survey" in subsection (c) (as redesignated by clause (1)) and inserting in lieu thereof "National Oceanic and Atmospheric Administration (or predecessor entity)". (b) Section 1802 is amended— (1) by inserting "housing loan" in subsection (a) before "benefits" both places it appears; (2) by inserting "housing" in subsection (a) after "insured"; (3) by inserting "housing loan" in subsection (b) after "insurance" both places it appears; (4) by striking out "Loans" in the first sentence of subsection (d) and inserting in lieu thereof "Housing loans"; (5) by inserting "housing" in the second sentence of subsection (d) after "Any"; (6) by inserting "housing" in subsection (e) after "require"; and (7) by inserting "housing" in subsection (f) after "Any". (c) Section 1803(d) is amended— (1) by inserting "housing" in clause (1) after "any"; and (2) by inserting "housing" in the first sentence of clause (3) after "real estate". (d) Section 1807 is amended by inserting "housing loan" after "eligible for". (e) Section 1815(a) is amended by inserting "housing" after "Any". (f) Section 1817 is amended— (1) by inserting "housing" in subsection (a) after "direct" the first place it appears; and (2) by inserting "housing" in the first sentence of subsection (b) after "direct". (g) Section 1818(a) is amended by inserting "housing loan" after "eligible for the". (h) Section 1819(a)(1) is amended by inserting "housing loan" after "eligible for the", (i) Section 1819(b)(2) is amended by striking out "loan guaranty" and inserting in lieu thereof "housing loan". (j) Section 1824 is amended— (1) by inserting "housing" in subsection (b) after "for all"; and (2) by inserting "housing" in subsection (c) after "incident to". (k) Section 1517(b)(1) is amended by inserting "shall assist such veteran in securing, as appropriate, a loan under subchapter IV of chapter 37 of this title and" after "the Administrator". AUTHORIZATION OF APPROPRIATIONS FOR ESTABLISHMENT OF PROGRAM

38 USC 1841 note. Ante, p. 1055.

SEC. 304. There is authorized to be appropriated a total of $750,000 for fiscal years 1982 through 1986 for use by the Administrator of Veterans' Affairs for expenses incidental to the establishment of the small business loan program authorized by subchapter IV of chapter 37 of title 38, United States Code (as added by section 302). EFFECTIVE DATE

38 USC 1841 "o*^-

SEC. 305. The amendments made by this title shall take effect at the end of the one-hundred-and-eighty-day period beginning on the date of the enactment of this Act, except that the authority of the Administrator of Veterans' Affairs to promulgate regulations under subchapter IV of chapter 37 of title 38, United States Code (as added by section 302), shall take effect on such date of enactment.

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Page:United States Statutes at Large Volume 95.djvu/1087

 PUBLIC LAW 97-72—NOV. 3, 1981

95 STAT. 1061

TITLE IV—MISCELLANEOUS PROVISIONS EXPANSION OF SCOPE OF AGENT ORANGE STUDY

SEC. 401. (a)(1) Paragraph (1) of section 307(a) of the Veterans Health Programs Extension and Improvement Act of 1979 (Public Law 96-151; 93 Stat. 1097) is amended to read as follows: "(1)(A) The Administrator of Veterans' Affairs shall design a protocol for and conduct an epidemiological study of any long-term adverse health effects in humans of service in the Armed Forces of the United States in the Republic of Vietnam during the period of the Vietnam conflict as such health effects may result from exposure to phenoxy herbicides (including the herbicide known as Agent Orange) and the class of chemicals known as the dioxins produced during the manufacture of such herbicides. In conducting such study, the Administrator may expand the scope of the study to include an evaluation of any long-term adverse health effects in humans of such service as such health effects may result from other factors involved in such service, including exposure to other herbicides, chemicals, medications, or environmental hazards or conditions. The Administrator may also include in the study an evaluation of the means of detecting and treating adverse health effects found through the study. "(B) The Administrator shall also conduct a comprehensive review and scientific analysis of the literature covering other studies relating to whether there may be long-term adverse health effects in humans from exposure to phenoxy herbicides (including the herbicide known as Agent Orange) and the class of chemicals known as the dioxins produced during the manufacture of such herbicides. In conducting such review and analysis, the Administrator may expand the scope of such review and analysis to include a review and analysis of the literature covering other studies relating to whether there may be long-term adverse health effects in humans from other factors involved in service in the Armed Forces of the United States in the Republic of Vietnam during the period of the Vietnam conflict or in other comparable situations involving one or more of the factors described in the second sentence of subparagraph (A). The Administrator may also include a review and analysis of the means of detecting and treating adverse health effects found through any study covered by either such review and analysis.". (2) Paragraph (3) of such section is amended by inserting "first" after "submission of the". (b) Section 307(b) of such Act is amended— (1) by inserting "for administrative or legislative action, or both," in paragraph (2) after "recommendations"; and (2) by adding at the end the following new paragraphs: "(3) Not later than ninety days after the submission of each report under paragraph (2), the Administrator shall, based on the results described in such report and the comments and recommendations thereon and any other available pertinent information, publish in the Federal Register, for public review and comment, a description of actions, if any, that the Administrator proposes to take with respect to programs administered by the Veterans' Administration. Each such description shall include a justification or rationale for any such action the Administrator proposes to take. "(4) The first report submitted under paragraph (2) shall include the Administrator's recommendation, and reasons therefor, with respect to whether the authority to provide care and services under and by virtue of section 610(a)(5) of title 38, United States Code,

38 USC 219 note. Study.

Review and analysis.

Report. Publication in Federal Register.

Ante, p. 1047.

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Page:United States Statutes at Large Volume 95.djvu/1088

 95 STAT. 1062 Ante, p. 1047.

PUBLIC LAW 97-72—NOV. 3, 1981

should be extended beyond the expiration period specified by section 610(e)(3) of such title.". TECHNICAL ADJUSTMENT OF COMPUTATION OF RETIREMENT ANNUITIES FOR CERTAIN PERSONNEL

38 USC 4109.

SEC 402. (a) Subsection (b) of section 4109 is amended to read as follows: "(b)(1) In computing the annuity under subchapter III of chapter 83 5 USC 8331 et of title 5 of an individual who retires under such subchapter (other and who served at any time on a less-than-fuU-time basis in a position in the Department of Medicine and Surgery to which such individual was appointed under this subchapter— "(A) for the purpose of determining such individual's average pay, as defined by section 8331(4) of title 5, the annual rate of basic pay for full-time service shall be deemed to be such individual's rate of basic pay; and "(B) the amount of such individual's annuity as computed under section 8339 of title 5 (before application of any reduction required by subsection (i) of such section) shall be multiplied by the fraction equal to the ratio that that individual's total fulltime equivalent service bears to that individual's creditable service as determined under section 8332 of title 5. "(2) For the purposes of paragraph (1)(B) of this subsection, an individual's full-time equivalent service is the individual's creditable service as determined under section 8332 of title 5, except that any period of service of such individual served on a less-than-full-time basis shall be prorated based on the fraction such service bears to fulltime service. For the purposes of the preceding sentence, full-time service shall be considered to be eighty hours of service per biweekly pay period. "(3) A survivor annuity computed under section 8341 of title 5 based on the service of an individual described in paragraph (1) of this subsection shall be computed based upon such individual's annuity as determined in accordance with such paragraph.". Effective date. (b)(1) The amendment made by subsection (a) shall take effect as of 38 USC 4109 October 1, 1981. note.
 * ^^than under section 8337 of such subchapter) after December 31, 1981,

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Page:United States Statutes at Large Volume 95.djvu/1089

 PUBLIC LAW 97-72—NOV. 3, 1981

95 STAT. 1063

(2) The annuity under subchapter III of chapter 83 of title 5 of an 38 USC 4i09 individual who retires under such subchapter during the period 5 USC 8331 e« beginning on October 1, 1981, and ending on the date of the enact- seq. ment of this Act and who served at any time on a less-than-full-time basis in a position in the Department of Medicine and Surgery to which such individual was appointed under subchapter I of chapter 73 of title 38, United States Code, shall be computed without regard to 38 USC 4ioi et section 4109(b) of title 38, United States Code. ««« Approved November 3, 1981.

LEGISLATIVE HISTORY—H.R. 3499 (S. 921): HOUSE REPORT No. 97-79 (Comm. on Veterans' Affairs). SENATE REPORT No. 97-89 accompanying S. 921 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): June 2, considered and passed House. June 15, S. 921 considered in Senate. June 16, considered and passed Senate, amended, in lieu of S. 921. Oct. 2, House concurred in Senate amendments with amendments. Oct. 16, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 45 (1981): Nov. 3, Presidential statement.

89-194 0—82

69:QL3

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Page:United States Statutes at Large Volume 95.djvu/1090

 95 STAT. 1064

PUBLIC LAW 97-73—NOV 3, 1981

Public Law 97-73 97th Congress An Act Nov. 3, 1981 [S. 1209]

John F. Kennedy Center for the Performing Arts. Appropriation authorization. 20 USC 161.

Authorizing appropriations to the Secretary of the Interior for services necessary to the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (e) of section 6 of the John F. Kennedy Center Act (Public Law 85-874, as amended; 20 U.S.C. 761) is amended as follows: In the last sentence strike out the period and add in lieu thereof ", and not to exceed $4,544,000 for the fiscal year ending September 30, 1982.". Approved November 3, 1981.

LEGISLATIVE HISTORY—S. 1209 (H.R. 3377): HOUSE REPORT No. 97-91 accompanying H.R. 3377 (Comm. on Public Works and Transportation). SENATE REPORT No. 97-115 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 127 (1981): June 2, considered and passed Senate. Oct. 20, considered and passed House, in lieu of H.R. 3377.

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Page:United States Statutes at Large Volume 95.djvu/1091

 PUBLIC LAW 97-74—NOV. 3, 1981

95 STAT. 1065

Public Law 97-74 97th Congress An Act To amend the Independent Safety Board Act of 1974 to authorize appropriations for fiscal years 1981, 1982, and 1983, and for other purposes.

Nov. 6, 1981 [S. 1000]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be independent cited as the "Independent Safety Board Act Amendments of 1981". Safety Board Act INDEPENDENT SAFETY BOARD AUTHORIZATION OP APPROPRIATIONS

SEC. 2. Section 309 of the Independent Safety Board Act of 1974 (49 U.S.C. 1907) is amended by adding at the end thereof the following new sentence: "There are authorized to be appropriated for the purposes of this Act not to exceed $18,540,000 for the fiscal year ending September 30, 1981, $19,925,000 for the fiscal year ending September 30, 1982, and $22,100,000 for the fiscal year ending September 30, 1983, such sums to remain available until expended.. PRIORITY OF BOARD INVESTIGATIONS

SEC. 3. Section 304(a)(l) of the Independent Safety Board Act of 1974 (49 U.S.C. 1903(a)(1)) is amended by inserting before "The Board may request" the following new sentences: "Any investigation of an accident conducted by the Board under this paragraph (other than subparagraph (E)) shall have priority over all other investigations of such accident conducted by other Federal agencies. The Board shall provide for the appropriate participation by other Federal agencies in any such investigation, except that such agencies may not participate in the Board's determination of the probable cause of the accident. Nothing in this section impairs the authority of other Federal agencies to conduct investigations of an accident under applicable provisions of law or to obtain information directly from parties involved in, and witnesses to, the transportation accident. The Board and other Federal agencies shall assure that appropriate information obtained or developed in the course of their investigations is exchanged in a timely manner.". REPORTING OF AVIATION INCIDENTS

SEC. 4. Section 304(a)(6) of the Independent Safety Board Act of 1974 (49 U.S.C. 1903(a)(6)) is amended by inserting and aviation incidents" immediately after "accidents. EXAMINATION AND TESTING OF PHYSICAL EVIDENCE

SEC. 5. Section 304(b)(2) of the Independent Safety Board Act of 1974 (49 U.S.C. 1903(b)(2)) is amended— (1) by inserting immediately before the period at the end of the first sentence the following:, including examination or testing of any vehicle, rolling stock, track, or pipeline component or any

Amendments of 1981. 49 uSC 1901 note.

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Page:United States Statutes at Large Volume 95.djvu/1092

 95 STAT. 1066

PUBLIC LAW 97-74—NOV. 3, 1981 part of any such item when such examination or testing is determined to be required for purposes of such investigation. Any examination or testing shall be conducted in such manner so as not to interfere with or obstruct unnecessarily the transportation services provided by the owner or operator of such vehicle, rolling stock, track, or pipeline component, and shall be conducted in such a manner so as to preserve, to the maximum extent feasible, any evidence relating to the transportation accidents, consistent with the needs of the investigation and with the cooperation of such owner or operator"; and (2) in the last sentence, by inserting ", examination, or test" immediately after "inspection" each place it appears. RESPONSE TO BOARD RECOMMENDATIONS

Report to Congress.

SEC. 6. Section 307 of the Independent Safety Board Act of 1974 (49 U.S.C. 1906) is amended by inserting "(a)" immediately after "SEC. 307." and by adding at the end thereof the following new subsection: "(b) The Secretary shall submit a report to the Congress on JanuEiy 1 of each year setting forth all the Board's recommendations to the Secretary during the preceding year regarding transportation safety and a copy of the Secretary response to each such recommendation.'*. Approved November 3, 1981.

LEGISLATIVE HISTORY—S. 1000 (H.R. 3404): HOUSE REPORTS: No. 97-108, Pt. 1 (Comm. on Energy and Commerce); Pt. 2 (Comm. on Public Works and Transportation) both accompanying H.R. 3404. SENATE REPORT No. 97-41 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): May 4, considered and passed Senate. Oct. 13, considered and passed House, amended, in lieu of H.R. 3404. Oct. 21, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 95.djvu/1093

 PUBLIC LAW 97-75—NOV. 3, 1981

95 STAT. 1067

Public Law 97-75 97th Congress Joint Resolution To authorize the President to issue a proclamation designating the week beginning November 22, 1981, as "National Family Week".

Nov. 3, 1981 [S.J. Res 4]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby National Family authorized and requested to issue a proclamation designating the f[^^}^week beginning November 22, 1981, as "National Family Week", and authorfzatron inviting the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such day with appropriate ceremonies and activities. Approved November 3, 1981.

LEGISLATIVE HISTORY—S.J. Res. 4: CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 16, considered and passed Senate. Oct. 20, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/1094

 95 STAT. 1068

PUBLIC LAW 97-76—NOV. 5, 1981

Public Law 97-76 97th Congress An Act Nov. 5, 1981 [H.R. 4608]

Department of Justice Appropriation Authorization Act, Fiscal Year 1980, amendment. 93 Stat. 1040.

To continue in effect any authority provided under the Department of Justice Appropriation Authorization Act, Fiscal Year 1980, for a certain period, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any authority, and any limitation on any authority, contained in the Department of Justice Appropriation Authorization Act, Fiscal Year 1980, shall continue in effect with respect to the activities of the Department of Justice (including any bureau, office, board, division, commission, or subdivision thereof) until the effective date of a general authorization of appropriations Act for the Department of Justice for fiscal year 1982 or the expiration of the period beginning on October 1, 1981, and ending immediately before February 1, 1982, whichever is earlier. Approved November 5, 1981.

LEGISLATIVE HISTORY—H.R. 4608: CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 29, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 6, House disagreed to Senate amendment. Oct. 27, House receded from its disagreement, and concurred with an amendment. Oct. 30, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 95.djvu/1095

 PUBLIC LAW 97-77—NOV. 13, 1981

95 STAT. 1069

Public Law 97-77 97th Congress An Act To designate the United States Department of Agriculture Boll Weevil Research Laboratory building, located adjacent to the campus of Mississippi State University, Starkville, Mississippi, as the "Robey Wentworth Harned Laboratory"; to extend the delay in making any adjustment in the price support level for milk; and to extend the time for conducting the referenda with respect to the national marketing quotas for wheat and upland cotton.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States Department of Agriculture Boll Weevil Research Laboratory building, located adjacent to the campus of Mississippi State University, Starkville, Mississippi, shall hereafter be known and designated as the "Robey Wentworth Harned Laboratory''. Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be held and considered to be a reference to the "Robey Wentworth Harned Laboratory". SEC. 2. (a) The Act of October 20, 1981 (Public Law 97-67), is amended by striking out "November 15, 1981" in the first section and inserting in lieu thereof "December 31, 1981, or the date of enactment of S. 884, the Agriculture and Food Act of 1981, whichever is earlier". (h) The last sentence of section 336 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1336) is amended by striking out "November 15, 1981" and inserting in lieu thereof "January 1, 1982". (c) Section 343 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1343) is amended by adding at the end thereof the following new sentence: "Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for cotton for the marketing year beginning August 1, 1982, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) January 1, 1982.". Approved November 13, 1981.

LEGISLATIVE HISTORY—S. 1322: SENATE REPORT No. 97-255 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 9, considered and passed Senate. Nov. 12, considered and passed House.

Nov. 13, 1981 [S. 1322]

Robey Wentworth Harned Laboratory. Milk price support. Wheat and cotton marketing quotas. 7 USC 1446 note. Ante, p. 1039.

Ante, p. 1039.

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 95 STAT. 1070

PUBLIC LAW 97-78—NOV. 16, 1981

Public Law 97-78 97th Congress An Act Nov. 16, 1981 [H.R. 3975] Oil production. Mineral land leeising.

Definitions.

Royalties.

To facilitate and encourage the production of oil from tar sand and other hydrocarbon deposits.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (1) section 1 (30 U.S.C. 181), sections 21(a) and (c) (30 U.S.C. 241 (a) and (c)), and section 34 (30 U.S.C. 182) of the Mineral Lands Leasing Act of 1920, as amended, are amended by deleting "native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)" and by inserting in lieu thereof "gilsonite (including all vein-t^e solid hydrocarbons),", except that in the first sentence of section 21(a) the word "and" should be inserted before "gilsonite" and the comma after the parenthesis should be eliminated in section 21. (2) Section 27(k) of such Act (30 U.S.C. 184(k)) is amended by deleting "native asphalt, solid and semisolid bitumen, bituminous rock," and by inserting in lieu thereof "gilsonite (including all veint3rpe solid hydrocarbons),". (3) Section 39 of such Act (30 U.S.C. 209) is amended by inserting "gilsonite (including all vein-type solid hydrocarbons), after "oil shale". (4) Section 1 of such Act (30 U.S.C. 181) is further amended by adding after the first paragraph the following new paragraphs: "The term 'oil' shall embrace all nongaseous hydrocarbon substances other than those substances leasable as coal, oil shale, or gilsonite (including all vein-type solid hydrocarbons). "The term 'combined hydrocarbon lease' shall refer to a lease issued in a special tar sand area pursuant to section 17 after the date of enactment of the Combined Hydrocarbon Leasing Act of 1981. "The term 'special tar sand area' means (1) an area designated by the Secretary of the Interior's orders of November 20, 1980 (45 FR 76800-76801) and January 21, 1981 (46 FR 6077-6078) as containing substantial deposits of tar sand.". (5) Section 27(d)(1) of such Act (30 U.S.C. 184(d)(l)) is amended by inserting before the period at the end of the first sentence the following: ^'Provided, however. That acreage held in special tar sand areas shall not be chargeable against such State limitations.". (6)(a) Section 17(b) of such Act (30 U.S.C. 226(b)) is amended by inserting "(1)" after "(b)" and adding a new subsection to read as follows: "(2) If the lands to be leased are within a special tar sand area, they shall be leased to the highest responsible qualified bidder by competitive bidding under general regulations in units of not more than five thousand one hundred and twenty acres, which shall be as nearly compact as possible, upon the payment by the lessee of such bonus as may be accepted by the Secretary. Royalty shall be 12V2 per centum in amount or value of production removed or sold from the lease.

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Page:United States Statutes at Large Volume 95.djvu/1097

 PUBLIC LAW 97-78—NOV. 16, 1981

95 STAT. 1071

subject to section 17(k)(l)(c). The Secretary may lease such additional ^^f^lands in special tar sand areas as may be required in support of any operations necessary for the recovery of tar sands.". (b) Section 17(c) of such Act (30 U.S.C. 226(c)) is amended by deleting "within any known geological structure of a producing oil or gas field," and inserting in lieu thereof "subject to leasing under subsection (b),". (c) Section 17(e) of such Act (30 U.S.C. 226(e)) is amended by inserting before the period at the end of the first sentence the following: ": Provided, however, That competitive leases issued in special tar sand areas shall also be for a primary term often years.". (7) Section 39 of such Act (30 U.S.C. 209) is amended by adding after the period following the first sentence: "Provided, however. That in order to promote development and the maximum production of tar sand, at the request of the lessee, the Secretary shall review, prior to commencement of commercial operations, the royalty rates established in each combined hydrocarbon lease issued in special tar sand areas. For purposes of this section, the term 'tar sand' means any "Tar sand." consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either: (1) contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than 10,000 centipoise, or (2) contains a hydrocarbonaceous material and is produced by mining or quarrying.". (8) Section 17 of such Act (30 U.S.C. 226) is amended by adding at the end thereof the following new subsection: "(k)(l)(A) The owner of (1) an oil and gas lease issued prior to the Application date of enactment of the Combined Hydrocarbon Leasing Act of 1981 filing. or (2) a valid claim to any hydrocarbon resources leasable under this section based on a mineral location made prior to January 21, 1926, and located within a special tar sand area shall be entitled to convert such lease or claim to a combined hydrocarbon lease for a primary term of ten years upon the filing of an application within two years from the date of enactment of that Act containing an acceptable plan of operations which assures reasonable protection of the environment and diligent development of those resources requiring enhanced recovery methods of development or mining. For purposes of conversion, no claim shall be deemed invalid solely because it was located as a placer location rather than a lode location or vice versa, notwithstanding any previous adjudication on that issue. "(B) The Secretary shall issue final regulations to implement this Regulations section within six months of the effective date of this Act. If any oil and gas lease eligible for conversion under this section would otherwise expire after the date of this Act and before six months following the issuance of implementing regulations, the lessee may preserve his conversion right under such lease for a period ending six months after the issuance of implementing regulations by filing with the Secretary, before the expiration of the lease, a notice of intent to file an application for conversion. Upon submission of a complete plan of operations in substantial compliance with the regulations promulgated by the Secretary for the filing of such plans, the Secretary shall suspend the running of the term of any oil and gas lease proposed for conversion until the plan is finally approved or disapproved. The Secretary shall act upon a proposed plan of operations within fifteen months of its submittal. "(C) When an existing oil and gas lease is converted to a combined Royalties. hydrocarbon lease, the royalty shall be that provided for in the original oil and gas lease and for a converted mining claim, 12 V per a

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Page:United States Statutes at Large Volume 95.djvu/1098

 95 STAT. 1072

PUBLIC LAW 97-78—NOV. 16, 1981

centum in amount or value of production removed or sold from the lease. "(2) Except as provided in this section, nothing in the Combined Hydrocarbon Leasing Act of 1981 shall be construed to diminish or increase the rights of any lessee under any oil and gas lease issued prior to the enactment of such Act.". (9)(a) Section 2 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351) is amended by adding at the end thereof: "The term 'oil' shall embrace all nongaseous hydrocarbon substances other than those leasable as coal, oil shale, or gilsonite (including all vein-type solid hydrocarbons).". (b) Section 3 of such Act (30 U.S.C. 352) is amended by inserting "gilsonite (including all vein-type solid hydrocarbons), after "oil shale". 30 USC 181 (10) Nothing in this Act shall affect the taxable status of production "o^from tar sand under the Crude Oil Windfall Profit Tax Act of 1980 26 USC 1 note. (Public Law 96-223), reduce the depletion allowance for production from tar sand, or otherwise affect the existing tax status applicable to such production. Prohibition. (H) No provision of this Act shall apply to national parks, national ??tY^^ ^^^ monuments, or other lands where mineral leasing is prohibited by note. law. The Secretary of the Interior shall apply the provisions of this Act to the Glen Csmyon National Recreation Area, and to any other units of the national park system where mineral leasing is permitted, in accordemce with any applicable minerals management plan if the Secretary finds that there will be no resulting significant adverse impacts on the administration of such area, or on other contiguous units of the national park system. Approved November 16, 1981.

LEGISLATIVE HISTORY—H.R. 3975: HOUSE REPORT No. 97-174 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-250 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 127 (1981): July 14, considered and passed House. Oct. 29, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1099

 PUBLIC LAW 97-79—NOV. 16, 1981

95 STAT. 1073

Public Law 97-79 97th Congress An Act To provide for the control of illegally taken fish and wildlife.

Nov. 16, 1981 [S. 736]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be ^tf fL^* Amendments of cited as the "Lacey Act Amendments of 1981". """^ 1981. SEC. 2. DEFINITIONS. nota^^ ^^'^^ For the purposes of this Act: 16 USC 3371. (a) The term "fish or wildlife" means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof. (b) The term "import" means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (c) The term "Indian tribal law" means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in section 1151 of title 18, United States Code. (d) The terms "law," "treaty," "regulation," and "Indian tribal law" mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale offish or wildlife or plants. (e) The term "person" includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. (f) The terms "plant" and "plants" mean any wild member of the plant kingdom, including roots, seeds, and other parts thereof (but excluding common food crops and cultivars) which is indigenous to any State and which is either (A) listed on an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or (B) listed pursuant to any State law that provides for the conservation of species threatened with extinction. (g) The term "Secretary" means, except as otherwise provided in the Act, the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090); except that 5 USC app. with respect to the provisions of this Act which pertain to the importation or exportation of plants the term means the Secretary of Agriculture. (h) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

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 95 STAT. 1074

PUBLIC LAW 97-79—NOV. 16, 1981

Guam, Northern Mariana Islands, American Samoa, and any other territory, commonwealth, or possession of the United States. (i) The term "taken" means captured, killed, or collected. (j) The term "transport" means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment. 16 USC 3372

SEC. 3. PROHIBITED ACTS. (a) OFFENSES OTHER THAN MARKING OFFENSES.—It

is unlawful for

any personC to import, export, transport, sell, receive, acquire, or purD chase any fish or wildlife or plant taken or possessed in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law; (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce— (A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law, or (B) any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; (3) within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18, United States Code)— (A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law or Indian tribal law, or (B) to possess any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; (4) having imported, exported, transported, sold, purchased, or received any fish or wildlife or plant imported from any foreign country or transported in interstate or foreign commerce, to make or submit any false record, account, label, or identification thereof; or (5) to attempt to commit any act described in paragraphs (1) through (4). (b) MARKING OFFENSES.—It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of subsection 7(a) of this Act. 16 USC 3373.

SEC. 4. PENALTIES AND SANCTIONS. (a) CIVIL PENALTIES.—

(1) Any person who engages in conduct prohibited by any provision of this Act (other than subsection S(h)) and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty, or regulation, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation: Provided, That when the violation involves fish or wildlife or plants with a market value of less than $350, and involves only the transportation, acquisition, or receipt of fish or wildlife or plants taken or possessed in violation of any law, treaty, or regulation of the United States, any Indian tribal law, any foreign law, or any law

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Page:United States Statutes at Large Volume 95.djvu/1101

 PUBLIC LAW 97-79—NOV. 16, 1981

95 STAT. 1075

or regulation of any State, the penalty assessed shall not exceed the maximum provided for violation of said law, treaty, or regulation, or $10,000, whichever is less. (2) Any person who violates subsection 3(b) may be assessed a civil penalty by the Secretary of not more than $250. (3) For purposes of paragraphs (1) and (2), any reference to a provision of this Act or to a section of this Act shall be treated as including any regulation issued to carry out any such provision or section. (4) No civil penalty may be assessed under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which a person may have taken or been in possession of the said fish or wildlife or plants. (5) Any civil penalty assessed under this subsection may be remitted or mitigated by the Secretary. (6) In determining the amount of any penalty assessed pursuant to paragraphs (1) and (2), the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed, and with respect to the violator, the degree of culpability, ability to pay, and such other matters as justice may require. (b) HEARINGS.—Hearings held during proceedings for the assessment of civil penalties shall be conducted in accordance with section 554 of title 5, United States Code. The administrative law judge may Subpenas. issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena issued pursuant to this paragraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof (c) REVIEW.—Any person against whom a civil penalty is assessed under this section may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary, The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28, United States Code. If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary ma^ request the Attorney Gteneral of the United States to institute a civil action in an appropriate district court of the United States to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court

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 95 STAT. 1076

PUBLIC LAW 97-79—NOV. 16, 1981

shall have authority to review the violation and the assessment of the civil penalty de novo. (d) CRIMINAL PENALTIES.—

16 USC 1801 "°^-

16 USC 3374.

(1) Any person who— (A) knowingly imports or exports any fish or wildlife or plants in violation of any provision of this Act (other than subsection 3(b)), or (B) violates any provision of this Act (other than subsection 3(b)) by knowingly engaging in conduct that involves the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants with a market value in excess of $350, knowing that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation, shall be fined not more than $20,000, or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said fish or wildlife or plants. (2) Any person who knowingly engages in conduct prohibited by any provision of this Act (other than subsection 3(b)) and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation shall be fined not more than $10,000, or imprisoned for not more than one year, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said fish or wildlife or plants. (e) PERMIT SANCTIONS.—The Secretary may also suspend, modify, or cancel any Federal hunting or fishing license, permit, or stamp, or any license or permit authorizing a person to import or export fish or wildlife or plants (other than a permit or license issued pursuant to the Fishery Conservation and Management Act of 1976), or to operate a quarantine station or rescue center for imported wildlife or plants, issued to any person who is convicted of a criminal violation of any provision of this Act or any regulation issued hereunder. The Secretary shall not be liable for the payments of any compensation, reimbursement, or damages in connection with the modification, suspension, or revocation of any licenses, permits, stamps, or other agreements pursuant to this section. SEC. 5. FORFEITURE. (a) IN GENERAL.—

(1) All fish or wildlife or plants imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of section 3 of this Act (other than subsection 3(b)), or any regulation issued pursuant thereto, shall be subject to forfeiture to the United States notwithstanding any culpability requirements for civil penalty assessment or criminal prosecution included in section 4 of this Act. (2) All vessels, vehicles, aircraft, and other equipment used to aid in the importing, exporting, transporting, selling, receiving, acquiring, or purchasing of fish or wildlife or plants in a criminal

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Page:United States Statutes at Large Volume 95.djvu/1103

 PUBLIC LAW 97-79—NOV. 16, 1981

95 STAT. 1077

violation of this Act for which a felony conviction is obtained shall be subject to forfeiture to the United States if (A) the owner of such vessel, vehicle, aircraft, or equipment was at the time of the alleged illegal act a consenting party or privy thereto or in the exercise of due care should have known that such vessel, vehicle, aircraft, or equipment would be used in a criminal violation of this Act, and (B) the violation involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants. (b) APPLICATION OF CUSTOMS LAWS.—All provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department may, for the purposes of this Act, also be exercised or performed by the Secretary or by such persons as he may designate: Provided, That any warrant for search or seizure shall be issued in accordance with rule 41 of the Federal Rules of Criminal Procedure. (c) STORAGE COST.—Any person convicted of an offense, or assessed a civil penalty, under section 4 shall be liable for the costs incurred in the storage, care, and maintenance of any fish or wildlife or plant seized in connection with the violation concerned. SEC. 6. ENFORCEMENT.

16 USC 3375.

(a) IN GENERAL.—The provisions of this Act and any regulations issued pursuant thereto shall be enforced by the Secretary, the Secretary of Transportation, or the Secretary of the Treasury. Such Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency or Indian tribe for purposes of enforcing this Act. (b) POWERS.—Any person authorized under subsection (a) to enforce this Act may carry firearms; may make an arrest without a warrant for any felony violation of this Act if he has reasonable grounds to believe that the person to be arrested has committed or is committing such violation: A-oyidec?, That an arrest for a felony violation of this Warrant. Act that is not committed in the presence or view of any such person and that involves only the transportation, acquisition, receipt, purchase, or sale of fish or wildlife or plants taken or possessed in violation of any law or regulation of any State shall require a warrant; may make an arrest without a warrant for a misdemeanor violation of this Act if he has reasonable grounds to believe that the person to be arrested is committing a violation in his presence or view; and may execute and serve any subpena, arrest warrant, search warrant issued in accordance with rule 41 of the Federal Rules of Criminal Procedure, or other warrant of civil or criminal process issued by any officer or court of competent jurisdiction for enforcement of this Act. Any person so authorized, in coordination with the inspection. Secretary of the Treasury, may detain for inspection and inspect any vessel, vehicle, aircraft, or other conveyance or any package, crate, or other container, including its contents, upon the arrival of such conveyance or container in the United States or the customs waters of the United States from any point outside the United States or such customs waters, or, if such conveyance or container is being used for

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Page:United States Statutes at Large Volume 95.djvu/1104

 95 STAT. 1078

PUBLIC LAW 97-79—NOV. 16, 1981

exportation purposes, prior to departure from the United States or the customs waters of the United States. Such person may also inspect and demand the production of any documents and permits required by the country of natal origin, birth, or reexport of the fish or wildlife. Any fish, wildlife, plant, property, or item seized shall be held by any person authorized by the Secretary pending disposition of civil or criminal proceedings, or the institution of an action in rem for forfeiture of such fish, wildlife, plants, property, or item pursuant to section 5 of this Act; except that the Secretary may, in lieu of holding such fish, wildlife, plant, property, or item, permit the owner or consignee to post a bond or other surety satisfactory to the Secretary. (c) DISTRICT COURT JURISDICTION.—The several district courts of the United States, including the courts enumerated in section 460 of title 28, United States Code, shall have jurisdiction over any actions arising under this Act. The venue provisions of title 18 and title 28 of the United States Code shall apply to any actions arising under this Act. The judges of the district courts of the United States and the United States magistrates may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and any regulations issued thereunder. (d) REWARDS.—Beginning in fiscal year 1983, the Secretary or the Secretary of the Treasury shall pay a reward from sums received as penalties, fines, or forfeitures of property for any violation of this Act or any regulation issued hereunder to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this Act or any regulation issued hereunder. The amount of the reward, if any, is to be designated by the Secretary or the Secretary of the Treasury, as appropriate. Any officer or employee of the United States or any State or local government who furnishes information or renders service in the performance of his official duties is ineligible for payment under this subsection. 16 USC 3376.

SEC. 7. ADMINISTRATION. (a) REGULATIONS.—

(1) The Secretary, after consultation with the Secretary of the Treasury, is authorized to issue such regulations, except as provided in paragraph (2), as may be necessary to carry out the provisions of section 4 and section 5 of this Act. (2) The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions of subsection 3(b) of this Act for the marking and labeling of containers or packages containing fish or wildlife. These regulations shall be in accordance with existing commercial practices. (b) CONTRACT AUTHORITY.—Beginning in fiscal year 1983, to the extent and in the amounts provided in advance in appropriations Acts, the Secretary may enter into such contracts, leases, cooperative agreements, or other transactions with any Federal or State agency, Indian tribe, public or private institution, or other person, as may be necessary to carry out the purposes of this Act. 16 USC 3377.

SEC. 8. EXCEPTIONS.

(a) The provisions of paragraph (1) of subsection 3(a) of this Act shall not apply to any activity regulated by a fishery management plan in effect under the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.).

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 PUBLIC LAW 97-79—NOV. 16, 1981

95 STAT. 1079

(b) The provisions of paragraphs (1), (2)(A), and (3)(A) of subsection 3(a) of this Act shall not apply to— (1) any activity regulated by the Tuna Conventions Act of 1950 (16 U.S.C. 951-961) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971-971(h)); or 16 USC 971(2) any activity involving the harvesting of highly migratory ^^l*^species (as defined in paragraph (14) of section 3 of the Fishery Conservation and Management Act of 1976) taken on the high ^^ use 1802. seas (as defined in paragraph (13) of such section 3) if such species are taken in violation of the laws of a foreign nation and the United States does not recognize the jurisdiction of the foreign nation over such species. (c) The provisions of paragraph (2) of subsection 3(a) of this Act shall not apply to the interstate shipment or transshipment through Indian country as defined in section 1151 of title 18, United States Code, or a State of any fish or wildlife or plant legally taken if the shipment is en route to a State in which the fish or wildlife or plant may be legally possessed. SEC. 9. MISCELLANEOUS PROVISIONS.

(a) EFFECT ON POWERS OF STATES.—Nothing in this Act shall be construed to prevent the several States or Indian tribes from making or enforcing laws or regulations not inconsistent with the provisions of this Act. (b) REPEALS.—The following provisions of law are repealed: (1) The Act of May 20, 1926 (commonly known as the Black Bass Act; 16 U.S.C. 851-856). (2) Section 5 of the Act of May 25, 1900 (16 U.S.C. 667e), and sections 43 and 44 of title 18, United States Code (commonly known as provisions of the Lacey Act). (3) Sections 3054 and 3112 of title 18, United States Code. (c) DISCLAIMERS.—Nothing in this Act shall be construed as— (1) repealing, superseding, or modifying any provision of Federal law other than those specified in subsection (b); (2) repealing, superseding, or modifying any right, privilege, or immunity granted, reserved, or established pursuant to treaty, statute, or executive order pertaining to any Indian tribe, band, or community; or (3) enlarging or diminishing the authority of any State or Indian tribe to regulate the activities of persons within Indian reservations. (d) HUMANE SHIPMENT.—Subsection 42(c) of title 18, United States Code, is amended by striking "Secretary of the Treasury" and inserting in lieu thereof "Secretary of the Interior within one hundred and eighty days of the enactment of the Lacey Act Amendments of 1981". (e) REWARD.—Subsection 11(d) of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended to read as follows: "(d) REWARD.—The Secretary or the Secretary of the Treasury shall pay a reward from sums received as penalties, fines, or forfeitures of property for any violation of this Act or any regulation issued hereunder to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this Act or any regulation issued hereunder. The amount of the reward, if any, is to be designated by the Secretary or the Secretary of the Treasury, as appropriate. Any officer or employee of the United States or any State or local government who furnishes information or renders service in the

16 USC 3378.

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 95 STAT. 1080

Effective date. ^ 1 ^ T To^, r.

16 USC 1540 16 USC 3378

PUBLIC LAW 97-79—NOV. 16, 1981

performance of his of&dal duties is ineligible for payment under this subsection.". (f) The amendment specified in subsection 9(e) of this Act shall take effect beginninginfiscal year 1983. (g) The Secretary of the Interior is authorized to pay from agency appropriations the travel expense of newly appointed special agente of the United States Fish and Wildlife Service and the transportation expense of household goods and personal effects from place of residence at time of selection to nrst duty station to the extent authorized by section 5724 of title 5 for all such special agents appointed after January 1, 1977. (h) The Secretary shall identify the funds utilized to enforce this Act and any regulations thereto as a specific appropriations item in the Department of the Interior appropriations budget proposal to the Congress. Approved November 16, 1981.

LEGISLATIVE HISTORY—S. 736 (H.R. 1638): HOUSE REPORT No. 97-276 accompanying H.R. 1638 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 97-123 (Comm. on Environment and Public Works). CONGRESSlONAL RECORD, Vol. 127 (1981): July 24, considered and passed Senate. Nov. 4, considered and passed House, in lieu of H.R. 1638.

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Page:United States Statutes at Large Volume 95.djvu/1107

 PUBLIC LAW 97-80—NOV. 20, 1981 Public Law 97-80 97th Congress

95 STAT. 1081

An Act To amend the Earthquake Hazards Reduction Act of 1977 and the Federal Fire Prevention and Control Act of 1974 to authorize the appropriation of funds to the Director of the Federal Emergency Management Agency to carry out the earthquake hazards reduction programs and the fire prevention and control program, and for other purposes.

Nov. 20, 1981 [S. 999]

Be it enacted by the Senate and House of Representatives of the Earthquake United States of America in Congress assembled, TITLE I—EARTHQUAKE HAZARDS REDUCTION PROGRAM SEC. 101. (a) Section 7(a) of the Earthquake Hazards Reduction Act of 1977 is amended by adding at the end thereof the following new paragraph: "(3) There are authorized to be appropriated to the Director for the fiscal year ending September 30, 1982, $2,000,000 to carry out the provisions of sections 5 and 6 of this Act.". 0?) Section 1(h) of such Act is amended by striking out "and" after "1980;", and by inserting "; and $34,425,000 for the fiscal year ending September 30, 1982" before the period at the end thereof. (c) Section 7(c) of such Act is amended by striking out "and" after "1980;", and by inserting "; and $27,150,000 for the fiscal year ending September 30, 1982" before the period at the end thereof. (d) Section 7(d) of such Act is amended by inserting "; and $425,000 for the fiscal year ending September 30, 1982" before the period at the end thereof (e) Section 7 of such Act is further amended by adding at the end thereof the following new subsection: "(e) FUNDS FOR CERTAIN REQUIRED ADJUSTMENTS.—For the fiscal year ending September 30, 1982, there are authorized to be appropriated such further sums as may be necessary for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by the preceding provisions of this section.".

Hazards Reduction Act of 1977 and Federal Fire Prevention and Control Act of 1974, amendment. 42 USC 7706. Appropriation authorization.

TITLE II—FIRE PREVENTION AND CONTROL SEC. 201. Section 17 of the Federal Fire Prevention and Control Act of 1974 is amended by adding at the end thereof the following: 15 USC 2216. "(d) Except as otherwise specifically provided with respect to the payment of claims under section 11 of this Act, to carry out the 1^ USC 2210. purposes of this Act, there are authorized to be appropriated— "(1) $20,815,000 for the fiscal year ending September 30, 1982, and $23,312,800 for the fiscal year ending September 30, 1983, which amount shall include— "(A) such sums as may be necessary for the support of research and development at the Fire Research Center of the National Bureau of Standards under section 18 of this Act, 15 USC 278f.

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Page:United States Statutes at Large Volume 95.djvu/1108

 95 STAT. 1082

94 Stat. 2049.

15 USC 278f. Quit-claim deed.

PUBLIC LAW 97-80—NOV. 20, 1981

which sums shall be in addition to those funds authorized to be appropriated under the National Bureau of Standards Authorization Act for fiscal years 1981 and 1982; and "(B) $654,000 for the fiscal year ending September 30, 1982, and $732,480 for the fiscal year ending September 30, 1983, for executive direction by the Federal Emergency Management Agency of program activities for which appropriations are authorized by this subsection; and "(2) such further sums as may be necessary in each of the fiscal years ending September 30, 1982, and September 30, 1983, for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by paragraph (1) of this subsection. The funds authorized under section 18 shall be in addition to funds authorized in any other law for research and development at the Fire Research Center of the National Bureau of Standards.". SEC. 202. (a)(1) The Administrator of the United States Fire Administration is authorized and directed to convey by quit-claim deed, without consideration, to Gallaudet College, a body corporate created by Act of Congress approved February 16, 1857, as amended, all right, title, and interest of the United States in and to the following described tract of land, together with all buildings and other improvements thereon, situated in the District of Columbia: Lots numbered 75 to 79 inclusive in square numbered 2745-F in the subdivision made by the Rock Creek Park Estates, Incorporated, as per plat recorded in the Office of the Surveyor for the District of Columbia in liber 115 at folio 193. Lots numbered 66 and 67 in said square numbered 2745-F in the subdivision made by Alpheus H. Ryan, as per plat recorded in said Surveyor's Office in liber 104 at folio 3. Also parts of a tract of land called "Clouin Course". All of above described property being described in one parcel as follows: Beginning for the same at a point of intersection of the southerly line of Kalmia Road, with the west line of lot 80 in square 2745-F in the combination of lots made by Marjorie Webster Junior College, Incorporated, as per plat recorded in said Surveyor's Office in liber 146 at folio 188, and running thence along said west line of said lot 80, south 0 degree 05 minutes west 235.11 feet to the southerly or rear line thereof, and thence along the southerly line of said lot 80, south 69 degrees 18 minutes 10 seconds east 437.19 feet more or less to the west line of a 16 foot wide public alley; thence running south 0 degree 05 minutes west along said west line of said alley 20.16 feet; thence south 59 degrees 53 minutes 13 seconds west 610.64 feet to the northeasterly line of 17th Street, thence along said line of said street, deflecting to the right with the arc of a circle whose radius is 869.11 feet, 90.07 feet to a point of tangent, and running thence north 30 degrees 11 minutes 40 seconds west and still along the said northeasterly line of 17th Street, 538.81 feet to a point of curve; thence deflecting to the right with the arc of a circle whose radius is 41.51 feet northeasterly 66.35 feet to a point of tangency in the south line of Kalmia Road (60 feet wide) thence with the south line of said Kalmia Road, north 61 degrees 24 minutes east 187.84 feet; thence south 28 degrees 36 minutes east 15 feet to the most southerly line of Kalmia Road (90 feet wide); thence with the most southerly line of said road, and deflecting to the right with the arc of a circle whose radius is 385 feet, easterly 260 feet to the point of beginning. (2) At the date hereof, the above described part of Clouin Course formerly taxed as parcel 77/63 is designated on the records of the

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Page:United States Statutes at Large Volume 95.djvu/1109

 PUBLIC LAW 97-80—NOV. 20, 1981

95 STAT. 1083

Assessor for the District of Columbia for assessment and taxation purposes as lot 815 in square 2745-F. (3) Lot numbered 80 in square numbered 2745-F in the combination of lots made by Marjorie Webster Junior College, Incorporated, is as per plat recorded in said Surveyor's Office in liber 146 at folio 188. (b) Section 25 of the Federal Fire Prevention and Control Act of 1974 is repealed.

Repeal. 15 USC 2221.

TITLE III—MULTIHAZARD RESEARCH, PLANNING, AND MITIGATION SEC. 301. (a) Pursuant to the Earthquake Hazards Reduction Act of 1977, the Federal Fire Prevention and Control Act of 1974, and title III of Public Law 96-472 (which recognized that "natural and manmade hazards may not be independent of one another in any given disaster"), and further recognizing that emergency personnel are often called upon to meet emergencies outside of their primary field of service, section 301 of Public Law 96-472 is amended— (1) by inserting before the period at the end of the first sentence the following: ", and it is also recognized that emergency personnel are often called upon to meet emergencies outside of their primary field of service"; and (2) by striking out "and" after the semicolon at the end of paragraph (5), by striking out the period at the end of paragraph (6) and inserting in lieu thereof a semicolon, and by adding after paragraph (6) the following new paragraphs: "(7) conduct emergency first response programs so as to better train and prepare emergency personnel to meet emergencies outside of their primary field of service; and "(8) conduct a program of planning, preparedness, and mitigation related to the multiple direct and indirect hazards resulting from the occurrence of large earthquakes.". (b) Section 302 of Public Law 96-472 is amended— (1) by inserting "(a)" after "SEC. 302."; and (2) by adding at the end thereof the following new subsection: "(h) For the fiscal year ending September 30, 1982, there are authorized to be appropriated to the Director— "(1) $4,939,000 to carry out section 301, which amount shall include— "(A) not less than $700,000 to carry out the purposes of paragraphs (1) through (6) of such section; "(B) such sums as may be necessary, but in any case not less than $939,000, for use by the United States Fire Administration in carrying out paragraph (7) of such section; and "(C) not less than $3,300,000 to carry out paragraph (8) of such section with respect to those large California earthquakes which were identified by the National Security Council's Ad Hoc Committee on Assessment of Consequences and Preparations for a Major California Earthquake; and "(2) such further sums as may be necessary for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by paragraph (1) of this subsection.".

42 USC 7701 note. 15 USC 2201 note. 94 Stat. 2260. 50 USC app. 2251 note.

50 USC app. 2251 note. Appropriation authorization.

TITLE IV—GENERAL PROVISIONS SEC. 401. Funds authorized to be appropriated by title I, title II, or title III may be transferred among the program categories listed in

Transfer of funds.

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Page:Theodore Roosevelt Rough Riders.djvu/204

196 to get cots for them. Up to that time they lay on the ground. No food was issued suitable for them, or for the half-sick men who were not on the doctor's list; the two classes by this time included the bulk of the command. Occasionally we got hold of a wagon or of some Cuban carts, and at other times I used my improvised pack-train (the animals of which, however, were continually being taken away from us by our superiors) and went or sent back to the sea-coast at Siboney or into Santiago itself to get rice, flour, cornmeal, oatmeal, condensed milk, potatoes, and canned vegetables. The rice I bought in Santiago; the best of the other stuff I got from the Red Cross through Mr. George Kennan and Miss Clara Barton and Dr. Lesser; but some of it I got from our own transports. Colonel Weston, the Commissary-General, as always, rendered us every service in his power. This additional and varied food was of the utmost service, not merely to the sick but in preventing the well from becoming sick. Throughout the campaign the Division Inspector-General, Lieutenant-Colonel Garlington, and Lieutenants West and Dickman, the acting division quartermaster and commissary, had done everything in their power to keep us supplied with food; but where there were so few mules and wagons even such able and zealous officers could not do the impossible.


text:
Page:United States Statutes at Large Volume 95.djvu/1110

 95 STAT. 1084

Import to congressional

Ante, p. 1081. Ante, p. 1081. Ante, p. 1083.

PUBLIC LAW 97-80—NOV. 20, 1981

that title, except that neither the total funds transferred from any such program category nor the total funds transferred to any such pn^ram cat^ory may exceed 10 per centum of the amount authorizedfor that pn^am category unless— (1) thirty calendar days have passed after the Director or his designee has transmitted to the Speaker of the House of Representatives, to the President of the Senate, to the chairman of the Committee on Science and Technology of the House of Representatives, and to the chairman of the Committee on Commerce, Science, and Transportation of the Senate a written report containing a full and complete explanation of the transfer involved and the reason for it, or (2) before the expiration of such thirty days both chairmen have written to the Director stating that they have no objection to the proposed transfer. For purposes of this section, the program activity or activities for which funds are authorized by each of the following provisions of law as amended by this Act snail each be deemed to constitute a "prcwram cat^ory": Subsections (a), (b), (c), (d), and (e) of section 7 of the Earthquake Hazards Reduction Act of 1977; paragraphs (1)(A), dXB), and (2) of section 17(d) of the Federal Fire Prevention and Coutrol Act of 1974; and paragraphs (1)(A), (1)(B), (1)(C), and (2) of section 302(b) of Public Law 96-472; and section 302(c) of such Public Law. Approved November 20, 1981.

LEGISLATIVE HISTORY-S. 999 (H.R. 3356): HOUSE REPORTS: No. 97-59, Pt. I (Comm. on Interior and Insular Affairs) and Pt. II (Comm. on Science and Technology) both accompanying H.R. 3356. SENATE REPORT No. 97-39 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): Apr. 29, considered and passed Senate. Oct. 13, 14, H.R. 3356 considered and passed House; proceedings vacated and S. 999, amended, passed in lieu. Oct. 16, Senate concurred in House amendments with an amendment. Nov. 5, House concurred in Senate amendment with amendments; Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 95.djvu/1111

 PUBLIC LAW 97-81-NOV. 20, 1981

95 STAT. 1085

Public Law 97-81 97th Congress An Act To amend title 10, United States Code, to improve the military justice system.

Nov. 20, 1981 [H.R. 4792]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Military Justice SHORT TITLE; REFERENCES TO UNIFORM CODE OF M I U T A R Y JUSTICE

1981.

1. (a) This Act may be cited as the "Military Justice lo use 80i note. Amendments of 1981". (b) Whenever in this Act (except in sections 2(a) and 2(b)) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). lo use 80i et SECTION

seq. REQUIRED APPELLATE LEAVE

SEC. 2. (a) Section 701(a) of title 10, United States Code, 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 inserting after clause (3) the following new clause: "(4) leave required to be taken under section 876a of this title.". Post, p. 1087. (b)(1) Chapter 40 of such title is amended by adding at the end thereof the following new sections: review of certain court-martial convictions "(a) A period of leave required to be taken under section 876a of this title shall be charged against any accrued leave to the member's credit on the day before the day such leave begins unless the member elects to be paid for such accrued leave under subsection (b). If the member does not elect to be paid for such accrued leave under subsection Ob), or does not have sufficient accrued leave to his credit to cover the total period of leave required to be taken, the leave not covered by accrued leave shall be charged as excess leave. If the member elects to be paid for accrued leave under subsection (b), the total period of leave required to be taken shall be charged as excess leave. "03)(1) A member who is required to take leave under section 876a of this title and who has accrued leave to his credit on the day before the day such leave begins may elect to be paid for such accrued leave. Any such payment shall be based on the rate of basic pay to which the member was entitled on the day before the day such leave began. If the member does not elect to be paid for such accrued leave, the member is entitled to pay and allowances during the period of accrued leave required to be taken.
 * '§706. Administration of leave required to be taken pending lo use 706.

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Page:United States Statutes at Large Volume 95.djvu/1112

 95 STAT. 1086 Infra. Post, p. 1087.

10 USC 707.

Ante, p. 1085.

PUBLIC LAW 97-81—NOV. 20, 1981

"(2) Except as provided in paragraph (1) and in section 707 of this title, a member may not accrue or receive pay or allowances during a period of leave required to be taken under section 876a of this title. "(c)(l) A member required to take leave under section 876a of this title is not entitled to any right or benefit under section 2021 of title 38 solely because of employment during the period of such leave. "(2) Section 974 of this title does not apply to a member required to take leave under section 876a of this title during the period of such leave. "§707. Payment upon disapproval of certain court-martial sentences for excess leave required to be taken "(a) A member— "(1) who is required to take leave under section 876a of this title, any period of which is charged as excess leave under section 706(a) of this title; and "(2) whose sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge is set aside or disapproved by a Court of Military Review under section 866 of this title or by the United States Court of Military Appeals under section 867 of this title, shall be paid, as provided in subsection Qo), for the period of leave charged as excess leave, unless a rehearing or new trial is ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of the rehearing or new trial and such dismissal or discharge is later executed. "(b)(1) A member entitled to be paid under this section shall be deemed, for purposes of this section, to have accrued pay and allowances for each day of leave required to be taken under section 876a of this title that is charged as excess leave (except any day of accrued leave for which the member has been paid under section 706(b)(1) of this title and which has been charged as excess leave). If the pay grade of the member was reduced to a lower grade as a result of the court-martial sentence (including any reduction in pay grade under section 858a of this title) and such reduction has not been set aside, disapproved, or otherwise vacated, pay and allowances to be paid under this section shall be deemed to have accrued in such lower grade. Otherwise, such pay and allowances shall be deemed to have accrued in the pay grade held by the member on the day before the day on which his court-martial sentence was approved by the convening authority. "(2) Such a member shall be paid the amount of pay and allowances that he is deemed to have accrued, reduced by the total amount of his income from wages, salaries, tips, other personal service income, unemployment compensation, and public assistance benefits from any Government agency during the period he is deemed to have accrued pay and allowances. Except as provided in paragraph (3), such payment shall be made as follows: "(A) Payment shall be made within 60 days from the date of the order setting aside or disapproving the sentence by courtmartial to a dismissal or a dishonorable or bad-conduct discharge if no rehearing or new trial has been ordered. "(B) Payment shall be made within 180 days from the date of the order setting aside or disapproving the sentence by courtmartial to a dismissal or a dishonorable or bad-conduct discharge if a rehearing or new trial has been ordered but charges have not been referred to a rehearing or new trial within 120 days from the date of that order.

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Page:United States Statutes at Large Volume 95.djvu/1113

 PUBLIC LAW 97-81—NOV. 20, 1981

95 STAT. 1087

"(C) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is not included in the result of such rehearing or new trial, payment shall be made within 60 days of the date of the announcement of the result of such rehearing or new trial. "(D) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of such rehearing or new trial, but such dismissal or discharge is not later executed, payment shall be made within 60 days of the date of the order which set aside, disapproved, or otherwise vacated such dismissal or discharge. "(3) If a member is entitled to be paid under this section but fails to Extension. provide sufficient information in a timely manner regarding his income when such information is requested under regulations prescribed under subsection (c), the periods of time prescribed in paragraph (2) shall be extended until 30 days after the date on which the member provides the information requested. "(c) This section shall be administered under uniform regulations prescribed by the Secretaries concerned. Such regulations may provide for the method of determining a member's income during any period the member is deemed to have accrued pay and allowances, including a requirement that the member provide income tax returns and other documentation to verify the amount of his income.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new items: "706. Administration of leave required to be taken pending review of certain courtmartial convictions. "707. Payment upon disapproval of certain court-martial sentences for excess leave required to be taken.".

(c)(1) Subchapter IX is amended by adding at the end thereof the following new section (article): "§876a. Art. 76a. Leave required to be taken pending review of lo use 876a. certain court-martial convictions "Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence, as approved under section 864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved by the officer exercising general court-martial jurisdiction or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.". (2) The table of sections at the beginning of such subchapter is amended by adding at the end thereof the following new item: "876a. 76a. Leave required to be taken pending review of certain court-martial convictions.". POST-TRIAL CONFINEMENT

SEC. 3. Section 813 (article 13) is amended— (1) by striking out "Subject to section 857 of this title (article 57), no" and inserting in lieu thereof "No"; and (2) by striking out "or the result of trial".

lo use 813.

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Page:United States Statutes at Large Volume 95.djvu/1114

 95 STAT. 1088

PUBLIC LAW 97-81—NOV. 20, 1981 INDIVIDUAL MILITARY COUNSEL

10 USC 832.

10 USC 838.

Reasonably available.

SEC. 4. (a) Section 832(b) (article 32(b)) is amended by striking out the second sentence and inserting in lieu thereof "The accused has the right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section.". (b) Subsection (b) of section 838 (article 38(b)) is amended to read as follows: "(b)(1) The accused has the right to be represented in his defense before a general or special court-martial or at an investigation under section 832 of this title (article 32) as provided in this subsection. "(2) The accused may be represented by civilian counsel if provided by him. "(3) The accused may be represented— "(A) by military counsel detailed under section 827 of this title (article 27); or "(B) by military counsel of his own selection if that counsel is reasonably available (as determined under regulations prescribed under paragraph (7)). "(4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused. "(5) Except as provided under paragraph (6), if the accused is represented by military counsel of his own selection under paragraph (3)(B), any military counsel detailed under paragraph (3)(A) shall be excused. "(6) The accused is not entitled to be represented by more than one military counsel. However, a convening authority, in his sole discretion— "(A) may detail additional military counsel as assistant defense counsel; and "(B) if the accused is represented by military counsel of his own selection under paragraph (3)(B), may approve a request from the accused that military counsel detailed under paragraph (3)(A) act as associate defense counsel. "(7) The Secretary concerned shall, by regulation, define 'reasonQjjjy available' for the purpose of paragraph (3)(B) and establish procedures for determining whether the military counsel selected by an accused under that paragraph is reasonably available. To the maximum extent practicable, such regulations shall establish uniform policies among the armed forces while recognizing the differences in the circumstances and needs of the various armed forces. The Secretary concerned shall submit copies of regulations prescribed under this paragraph to the Committees on Armed Services of the Senate and House of Representatives.". CONSTRUCTIVE SERVICE OF COURT OF MILITARY REVIEW DECISIONS

10 USC 867.

S E C 5. Subsection (c) of section 867 (article 67(c)) is amended to read as follows: "(c) The accused may petition the Court of Military Appeals for review of a decision of a Court of Military Review within 60 days from the earlier of— "(1) the date on which the accused is notified of the decision of the Court of Military Review; or

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Page:United States Statutes at Large Volume 95.djvu/1115

 PUBLIC LAW 97-81—NOV. 20, 1981

95 STAT. 1089

"(2) the date on which a copy of the decision of the Court of Military Review, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record. The Court of Military Appeals shall act upon such a petition promptly in accordance with the rules of the court.". TIME LIMITS ON APPLICATIONS TO JUDGE ADVOCATES GENERAL

SEC. 6. Section 869 (article 69) is amended by adding at the end l^ use 869. thereof the following new sentence: "When such a case is considered upon application of the accused, the application must be filed in the Office of the Judge Advocate General by the accused before— "(1) October 1, 1983; or "(2) the last day of the two-year period beginning on the date the sentence is approved by the convening authority or, in a special court-martial case which requires action under section 865(b) of this title (article 65(b)), the officer exercising general court-martial jurisdiction, whichever is later, unless the accused establishes good cause for failure tofilewithin that time.". EFFECTIVE DATES

SEC. 7. (a) The amendments made by this Act shall take effect at the lo use 706 note. end of the sixty-day period beginning on the date of the enactment of this Act. (b)(1) The amendments made by section 2 shall apply to each member whose sentence by court-martial is approved on or after the effective date of such amendments under section 864 or 865 (article 64 or 65) of title 10, United States Code, by the officer exercising general court-martial jurisdiction. (2) The amendments made by section 3 shall apply to each person held as the result of a court-martial sentence announced on or after the effective date of such amendments. (3) The amendment made by section 4(a) shall apply with respect to investigations under section 832 (article 32) of title 10, United States Code, that begin on or after the effective date of such amendment.

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Page:United States Statutes at Large Volume 95.djvu/1116

 95 STAT. 1090

PUBLIC LAW 97-81—NOV. 20, 1981

(4) The amendment made by section 4(b) shall apply to trials by courts-martial in which all charges are referred to trial on or after the effective date of such amendment. (5) The amendment made by section 5 shall apply to any accused with respect to a Court of Military Review decision that is dated on or after the effective date of such amendment. Approved November 20, 1981.

LEGISLATIVE HISTORY—H.R. 4792: HOUSE REPORT No. 97-306 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 4, considered and passed House. Nov. 5, considered and passed Senate.

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