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 96 STAT. 200

Capital or net gain distribution.

Agreement, termination.

15 USC 714 note.

Regulations.

PUBLIC LAW 97-218—JULY 20, 1982 costs of the association), after any net gains are applied to net losses of the corporation under paragraph (5); "(4) permit an association to invest the monies in the Fund in such manner as the Secretary may approve, and require that the interest or other earnings on such investment shall become a part of the Fund; "(5) require that loan agreements between the Corporation and the association provide that the Corporation shall retain the net gains from each of the 1982 and subsequent crops of tobacco pledged by the association as security for price support loans, and that such net gains will be used for the purpose of (A) offsetting any losses sustained by the Corporation under its loan agreements with the association for any of the 1982 and subsequent crops of loan tobacco, or (B) reducing the outstanding balance of any price support loan made by the Corporation to the association under such agreements for 1982 and subsequent crops of tobacco, or for both such purposes; and "(6) provide, in loan agreements between the Corporation and an association, that if the Secretary determines that the amount in the Fund or the net gains referred to in paragraph (5) exceed the amounts necessary for the purposes specified in this section, such excess (A) in the case of an association making price support available to producers of quota tobacco other than Burley tobacco, will be released to the association by the Corporation and may be devoted to other purposes by the association, and (B) in the case of an association making price support available to producers of Burley quota tobacco, will be released to the association by the Corporation and may be distributed, as determined by the association, to the producer-members of the association as a capital distribution or net gain distribution. "(e) If any association which has entered into a loan agreement with the Corporation with respect to 1982 or subsequent crops of quota tobacco fails or refuses to comply with the provisions of this section, the regulations issued by the Secretary thereunder, or the terms of such agreement, the Secretary may terminate such agreement or provide that no additional loan funds may be made available thereunder to the association. In such event, the Secretary shall make price support available to producers of the kind or kinds of tobacco, the price of which had been supported through loans to such association, through such other means as are authorized by this Act or the Commodity Credit Corporation Charter Act. "(f) If, under subsection (e), a loan agreement with an association is terminated, or if an association having a loan agreement with the Corporation is dissolved, merges with another association, or otherwise ceases to operate, the Fund or the net gains referred to in subsection (d)(5) shall be applied or disposed of in such manner as the Secretary may approve or prescribe, except that they shall, to the extent necessary, first be applied or used for the purposes therefor prescribed in this section. "(g) The Secretary shall issue regulations necessary to carry out the provisions of this section.". ADJUSTMENT OF PRICE SUPPORT LEVEL OF TOBACCO

SEC. 102. Effective for the 1982 and subsequent crops of tobacco, section 106 of the Agricultural Act of 1949 (7 U.S.C. 1445) is amended by adding at the end thereof new subsection (d) as follows:

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 PUBLIC LAW 97-218—JULY 20, 1982 "(d) Notwithstanding the provisions of section 403, if the Secretary determines that the supply of any grade of any kind of tobacco of a crop for which marketing quotas are in effect or are not disapproved by producers will likely be excessive, the Secretary, after prior consultation with the association through which price support for the grade and kind of tobacco is made available to producers, may reduce the support rate which would otherwise be established for such grade of tobacco after taking into consideration the effect such reduction may have on the supply and price of other grades of other kinds of quota tobacco: Provided, That the weighted average of the support rates for all eligible grades of such kind of tobacco shall, after such reduction, reflect not less than (1) 65 per centum of the increase in the support level for such kind of tobacco which would otherwise be established under this section, if the support level therefor is higher then the support level for the preceding crop, or (2) the support level for such kind of tobacco established under this section, if the support level therefor is not higher than the support level for the preceding crop. In determining whether the supply of any grade of any kind of tobacco of a crop will be excessive, the Secretary shall take into consideration the domestic supply, including domestic inventories, the amount of such tobacco pledged as security for price support loans, and anticipated domestic and export demand, based on the maturity, uniformity and stalk position of such tobacco.".

96 STAT. 201 '^ use 1423.

PENALTIES FOR MARKETING TOBACCO IN EXCESS OF MARKETING QUOTA AND FOR MARKETING CERTAIN TOBACCO THAT IS NOT ELIGIBLE FOR PRICE SUPPORT

SEC. 103. Effective for the 1983 and subsequent crops of tobacco, section 314 of the Agricultural Adjustment Act of 1938 is amended 7 USC 1314. by amending the first sentence of subsection (a) to read as follows: "The marketing of (1) any kind of tobacco in excess of the marketing quota for the farm on which the tobacco is produced, or (2) any kind of tobacco that is not eligible for price support under the Agricultural Act of 1949 because a producer on the farm has not agreed to 7 USC 1421 note. make contributions or pay assessments to the No Net Cost Tobacco Fund or the No Net Cost Tobacco Account as required by sections 106A(d)(l) and 106(B)(d)(l) of that Act, if marketing quotas for that Ante, p. 197. kind of tobacco are in effect, shall be subject to a penalty of 75 per centum of the average market price (calculated to the nearest whole cent) for such kind of tobacco for the immediately preceding marketing year.". TITLE II—MODIFICATION OF FLUE-CURED TOBACCO MARKETING QUOTA SYSTEM LEASE AND SALE OF FLUE-CURED TOBACCO ACREAGE ALLOTMENTS AND MARKETING QUOTAS

SEC. 201. (a) Section 316(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b(a)) is amended by— (1) inserting "(1)" after "(a)"; (2) inserting "shall permit the owner of any farm to which a Flue-cured tobacco acreage allotment or quota is assigned under this Act and" after "program,";

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 96 STAT. 202

Lease or transfer, filing with county committee.

PUBLIC LAW 97-218—JULY 20, 1982 (3) inserting "Flue-cured," after "Burley,"; (4) inserting a comma before "to lease"; (5) adding at the end thereof the following new paragraph: "(2)(A) No legise of any Flue-cured tobacco allotment or quota assigned to a farm may be filed under subsection (c) of this section after June 15 of the crop year specified in such lease, except that the Secretary may allow a lease to be so filed after June 15 of such crop year if the Secretary determines that, as a result of flood, hail, wind, tornado, or other natural disaster— "(i) the county in which such farm is located has suffered a loss of not less than 10 per centum of the acreage of Flue-cured tobacco planted for harvest in such crop year; "(ii) the lessor involved has suffered a loss of not less than 10 per centum of the acreage of Flue-cured tobacco planted for harvest on such farm in such crop year; and "(iii) such lease will not impair the effective operation of the tobacco marketing quota or price support program. If the Secretary makes such determination, then the Secretary may permit the lessor to lease all or any part of such allotment or quota to any other owner or operator of a farm in the same county or in an adjoining county within the same State for use in such county on a farm having a current Flue-cured tobacco allotment or quota. If permitted, such lease and transfer shall not be effective until a copy of such lease and a written statement described in subsection (c) of this section are filed with and determined by the county committee of such county to be in compliance with the provisions of this section. "(B) No agreement or arrangement may be made in connection with the making of any lease with respect to any Flue-cured tobacco allotment or quota under paragraph (1) of this subsection except— "(i) between the lessor and lessee; or "(ii) between the lessor or lessee and any attorney, trustee, bank, or other agent or representative, who regularly represents the lessor or lessee, as the case may be, in business transactions unrelated to the production or marketing of tobacco. "(C) No sublease or other transfer of such allotment or quota may be made by such lessee during the period of such lease."; and (6) amending the section heading for such section to read as follows: LEASE OR SALE OF ACREAGE ALLOTMENTS.

Lease or transfer, filing with county committee.

(b) Section 316(c) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b(c)) is amended by— (1) in the first sentence— (A) inserting "or sale and transfer" after "lease and transfer"; and (B) striking out "such lease" and inserting in lieu thereof "the lease or sale agreement, as the case may be,"; (2) striking out the second sentence and inserting in lieu thereof the following: "In the case of a lease and transfer of any Flue-cured tobacco allotment or quota for use with respect to any crop, such lease shall not be effective until, in addition to a copy of such lease, the lessor and lessee involved each file with such county committee a written statement certifying such compliance. If, after notice and an opportunity for a hearing.

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 PUBLIC LAW 97-218—JULY 20, 1982 such county committee determines that such lessee knowingly made a false statement in such written statement, then such lessee shall be ineligible for price support for such crop under the Agricultural Act of 1949 with respect to the poundage of tobacco produced under such allotment or quota or, if such determination is made after such lessee received such price support, the Secretary, taking into consideration the recommendation of such county committee and the amount of such poundage, shall reduce appropriately the poundage for which such lessee may receive price support with respect to the crop first marketed after such determination is made. If, after notice and an opportunity for a hearing, such county committee determines that such lessor knowingly made a false statement in such written statement, then the Flue-cured allotment or quota next established for the farm of such lessor shall be reduced by that percentage which the leased allotment or quota was of the respective Flue-cured marketing quota. Notice of any determination made by a county committee under the preceding provisions shall be mailed, as soon as practicable, to the lessee or the lessor involved. If such lessee or such lessor is dissatisfied with such determination, then such lessee or such lessor may request, within fifteen days after notice of such determination is so mailed, a review of such determination by a local review committee under section 363 of this Act."; and (3) in the third sentence (as in effect before the amendment made by paragraph (2)) by— (A) inserting "by lease or sale" after "transferred"; and (B) striking out "lease and". (c) Section 316(e) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b(e)) is amended by— (1) inserting "(1)" after "(e)"; (2) inserting "or sale" after "lease"; (3) inserting "or, in the case of Flue-cured tobacco, of the acreage of tillable cropland (as defined in paragraph (2)) in the farm" before the colon; and (4) adding at the end thereof the following new paragraph: "(2) For purposes of this section, the term 'tillable cropland' means cleared land that can be planted to crops without unusual cultivation or other preparation.". (d) Section 316 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b) is amended by striking out subsections (g), (h), and (i) and inserting in lieu thereof the following new subsections: "(g)(1) The Secretary shall permit the owner of any farm to which a Flue-cured tobacco allotment or quota is assigned to sell, for use on another farm in the same county, all or any part of such allotment or quota to any person who is or intends to become an active Fluecured tobacco producer. For purposes of this section, the term 'active Flue-cured tobacco producer' means any person who shared in the risk of producing a crop of Flue-cured tobacco in not less than one of the three years preceding the year involved, or any person who certifies to the Secretary, in such form and manner as the Secretary shall by regulation prescribe, his or her intent to become a Fluecured tobacco producer. "(2) For purposes of this section, a person shall be considered to have shared in the risk of producing a crop of Flue-cured tobacco if—

96 STAT. 203

7 USC 1421 note.

Review.

7 USC 1363.

"Tillable cropland."

Allotment or quota, sale.

"Active Fluecured tobacco producer."

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 96 STAT. 204

Noncompliance, penalty.

Review.

7 USC 1363.

PUBLIC LAW 97-218—JULY 20, 1982 "(A) the investment of such person in the production of such crop is not less than 20 per centum of the proceeds of the sale of such crop; "(B) the amount of such person's return on such investment is dependent solely on the sale price of such crop; and "(C) such person may not receive any of such return before the sale of such crop. Any person who owns any Flue-cured tobacco allotment or quota and leases such allotment or quota to another person for use in producing a crop shall be considered to have shared in the risk of producing such crop if, under the terms of such lease, subparagraphs (B) and (C) of this paragraph are satisfied with regard to such owner. "(h)(1) Any person who— "(A) acquires any Flue-cured tobacco acreage allotment or quota by purchase under subsection (g) of this section; and "(B) with respect to any crop of Flue-cured tobacco planted after the date of such acquisition, fails to share in the risk of producing tobacco under such allotment or quota in the manner specified in subsection (g)(2) of this section; shall sell such allotment or quota before the expiration of the eighteen-month period beginning on July 1 of the year in which such crop is planted, or such allotment or quota shall be subject to forfeiture under the procedure specified in paragraph (3) of this subsection. "(2) Any person who— "(A) acquires any Flue-cured tobacco acreage allotment or quota by purchase under subsection (g) of this section; and "(B) disposes of an acreage of tillable cropland (as defined in subsection (e)(2) of this section) which results in the total acreage of Flue-cured tobacco allotted to such person's farm exceeding 50 per centum of the tillable cropland owned by such person; shall, before July 1 of the year after the year of such disposal, take steps which will result in the total acreage of Flue-cured tobacco allotted to such farm not exceeding 50 per centum of the tillable cropland owned by such person. If such person fails to take such steps, then any such excess allotment or quota shall be subject to forfeiture under the procedure specified in paragraph (3) of this subsection. "(3)(A) If, after notice and an opportunity for a hearing, the appropriate county committee determines that any person knowingly failed to comply with paragraph (1) or (2) of this subsection, then such person shall forfeit to the Secretary the allotment or quota specified in such paragraph. Any allotment or quota so forfeited siiall be reallocated by such county committee for use by active Fluecured tobacco producers (as defined in subsection (g)(1) of this section) in the county involved. "(B) Notice of such determination shall be mailed, as soon as practicable, to such person. If such person is dissatisfied with such determination, then such person may request, within fifteen days after notice of such determination is so mailed, a review of such determination by a local review committee under section 363 of this Act.".

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 PUBLIC LAW 97-218—JULY 20, 1982

96 STAT. 205

MANDATORY SALE OP CERTAIN FLUE-CURED TOBACCO ACREAGE ALLOTMENTS AND MARKETING QUOTAS HELD BEFORE ENACTMENT

SEC 202. The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) is amended by inserting after section 316, a new section 316A, as follows: MANDATORY SALE OF CERTAIN FLUE-CURED TOBACCO ACREAGE ALLOTMENTS AND MARKETING QUOTAS

"SEC. 316A. (a) Any person (including, but not limited to, any governmental entity, public utility, educational institution, or religious institution, but not including any individual) which, on or after the date of the enactment of this section— "(1) owns a farm for which a Flue-cured acreage allotment or marketing quota is established under this Act; and "(2) is not significantly involved in the management or use of land for agricultural purposes; shall sell such allotment or quota in accordance with section 316(g) of this Act not later than December 1, 1983, or December 1 of the year after the year in which the farm is acquired, whichever is later, or shall forfeit such allotment or quota under the procedure specified in subsection (c). "(b) Any person (including, but not limited to, any governmental entity, public utility, educational institution, or religious institution) who, on or after December 1, 1983, owns a farm for which the total acreage alloted for the production of Flue-cured tobacco under this Act exceeds 50 per centum of such farm's tillable cropland, as defined in section 316(e)(2) of this Act, shall forfeit any acreage allotment or marketing quota representing the excess under the procedure specified in subsection (c). In the case of any person who acquires a farm after December 1, 1983, the acreage allotment or marketing quota representing the excess shall not be subject to forfeiture until July 1 of the year after the year of acquisition. "(c)(l) If, after notice and an opportunity for a hearing, the appropriate county committee determines that any person knowingly failed to comply with subsection (a) or (b), then the allotment or quota specified in such subsection shall be forfeited and shall be reallocated in the manner provided for in section 316(h)(3)(A) of this Act. "(2) Notice of such determination shall be mailed, as soon as practicable, to such person. If such person is dissatisfied with such determination, then such person, within fifteen days after notice of such determination is so mailed, may request review of such determination under section 363 of this Act.". PERIODIC ADJUSTMENT OF YIELD FACTOR FOR FLUE-CURED ACREAGEPOUNDAGE QUOTAS

SEC. 203. Section 317(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c) is amended by— (1) adding at the end of paragraph (2) the following: "Notwithstanding the preceding sentence, in 1983, and at five-year intervals thereafter, the national average yield goal for Flue-cured tobacco shall be adjusted by the Secretary to the past five years' moving national average yield.";

7 USC I3i4b-i.

Ante, p. 203.

Ante, p. 203.

Noncompliance, penalty.

Ante, p. 203.

Review. 7 USC 1863.

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 96 STAT. 206

PUBLIC LAW 97-218—JULY 20, 1982 (2) adding at the end of paragraph (4) the following: "Notwithstanding the preceding provisions of this subsection, in 1983, and at five-year intervals thereafter, farm acreage allotments for Flue-cured tobacco for farms in each county shall be adjusted by the Secretary to reflect the increases or decreases in the past five years' moving county average yield per acre, as determined by the Secretary on the basis of actual yields of farms in the county, or, if such information is not available, on such other data on yields as the Secretary may deem appropriate."; and (3) adding at the end of paragraph (6)(A) the following: "Notwithstanding the preceding provisions of this subsection, in 1983 and at five-year intervals thereafter, preliminary farm yields for Flue-cured tobacco farms in each county shall be adjusted by the Secretary by the reciprocal of the factor computed in paragraph (4) of this subsection to adjust farm acreage allotments to reflect increases or decreases in the past five years' moving county average yields.". EXEMPTION OP CERTAIN NONQUOTA TOBACCO FROM QUOTA RESTRICTIONS

7 USC 1312.

SEC. 204. Section 32003) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314m))) is amended by CD striking out in paragraph (3) "and" at the end thereof; (2) striking out in paragraph (4) the period at the end thereof and inserting in lieu thereof "; and"; and (3) adding at the end thereof the following new paragraph: "(5) tobacco when it is nonquota tobacco and produced in a quota area in which the total of the acreage allotments for quota tobacco established for farms is less than twenty acres. Notwithstanding the provisions of section 312(c) of this Act, producers of such nonquota tobacco shall not be eligible to vote in the first referendum for such nonquota tobacco conducted by the Secretary under such section after the effective date of this paragraph.". CONFORMING AMENDMENTS

SEC. 205. (a) The fifth sentence of section 317(f) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c(f)) is amended by inserting "and sold" after "leased". (b) Section 703 of the Food and Agriculture Act of 1965 (7 U.S.C. 1316) is amended by— (1) striking out "lease and" each place it appears; (2) striking out "lessee" each place it appears and inserting in lieu thereof transferee"; (3) striking out "lessor" each place it appears and inserting in lieu thereof transferor"; and (4) striking out "leased" each place it appears and inserting in lieu thereof transferred". LIEN FOR PAYMENT OF PENALTY; FALSE IDENTIFICATION OF TOBACCO

SEC. 206. (a) Section 314 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314) is amended by adding a new subsection as follows:

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 PUBLIC LAW 97-218—JULY 20, 1982

96 STAT. 207

"(c) Until the amount of the penalty provided by this section is paid, a lien on the tobacco with respect to which such penalty is incurred, and on any subsequent tobacco subject to marketing quotas in which the person liable for payment of the penalty has an interest, shall be in effect in favor of the United States for the amount of the penalty.". (b) Section 317 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c) is amended by adding a new subsection as follows: "(j) Notwithstanding any other provision of this section, if a producer falsely identifies tobacco as having been produced on or marketed from a farm, the quantity of tobacco so falsely identified shall be considered for purposes of establishing future farm marketing quotas, as having been produced on both the farm for which it was identified as having been produced and the farm of actual production, if known, or, as the case may be, shall be considered as actually marketed from the farm.", EFFECTIVE DATE

SEC. 207. (a) Except as provided in subsection (b), this title shall take effect on the date of the enactment of this Act. (b) The amendments made by this title shall not apply to any lease of a Flue-cured tobacco acreage allotment or marketing quota entered into under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) before the date of the enactment of this Act.

7 USC 1314b note.

TITLE III—MISCELLANEOUS PROVISIONS RELATING TO BURLEY TOBACCO AND OTHER KINDS OF TOBACCO MARKETING ASSESSMENTS TO NO NET COST TOBACCO ACCOUNT

SEC. 301. Effective for the 1982 and subsequent crops of all kinds of tobacco except Flue-cured tobacco, the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) is amended by inserting, following section 106A (as added by section 101 of this Act), a new section 106B as follows:

Ante, p. 197.

MARKETING ASSESSMENTS TO NO NET COST TOBACCO ACCOUNT

"SEC. 106B. (a) As used in this section— "(1) the term 'association' means a producer-owned cooperative marketing association which has entered into a loan agreement with the Corporation to make price support available to producers of a kind of tobacco, except that the term does not include such an association that has entered into such an agreement to make price support available to producers of Fluecured tobacco; "(2) the term 'Account' means an account established by and in the Corporation for an association, which account shall be known as the 'No Net Cost Tobacco Account'; "(3) the term 'to market' means to dispose of tobacco by voluntary or involuntary sale, barter, exchange, gift inter vivos, or consigning the tobacco to an association for a price support advance; "(4) the term 'net gains' means the amount by which total proceeds obtained from the sale by an association of a crop of a kind of tobacco pledged to the Corporation for price support

Definitions. 7 USC 1445-2.

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 96 STAT. 208

Ante, p. 197.

No Net Cost Account Establishment.

PUBLIC LAW 97-218—JULY 20, 1982 loan exceeds the principal amount of the price support loan made by the Corporation to the association on such crop, plus interest and charges; "(5) the term 'tobacco' means any kind of tobacco except Fluecured tobacco, as defined in section 301(b)(15) of the Agricultural Adjustment Act of 1938, for which marketing quotas are in effect or for which marketing quotas are not disapproved by producers; "(6) the term 'area', when used in connection with an association, means the general geographical area in which farms of the producer-members of such association are located, as determined by the Secretary; and "(7) the term 'Corporation' shall have the meaning given to it in section 106A(a)(2). "(b) Notwithstanding section 106A, the Secretary shall, upon the request of any association, and may, if the Secretary determines, after consultation with such association, that the accumulation of the No Net Cost Tobacco Fund for such association under section 106A is, and is likely to remain, inadequate to reimburse the Corporation for net losses which the Corporation sustains under its loan agreement with such association— "(1) continue to make price support available to producers through such association in accordance with loan agreements entered into between the Corporation and such association; and "(2) establish and maintain in accordance with this section a ^ ° ^®* ^°^* Tobacco Account for such association in lieu of the No Net Cost Tobacco Fund established within such association under section 106A. "(c)(1) Any Account established for an association under subsection (b)(2) shall be established within the Corporation and shall be comprised of amounts paid by producers under subsection (d). "(2) Upon the establishment of an Account for an association, any amount in the No Net Cost Tobacco Fund established within such association under section 106A shall be applied or disposed of in such manner as the Secretary may approve or prescribe, except that such amount shall, to the extent necessary, first be applied or used for the purposes therefor prescribed in such section. "(d)(1) If an Account is established for an association under subsection (b)(2), then the Secretary shall require (in lieu of any requirement under section 106A(d)(l)) that each producer of the kind of tobacco involved whose farm is within such association's area shall, as a condition of eligibility for price support, agree, with respect to all of such kind of tobacco marketed by the producer from the farm, to pay to the Corporation, for deposit in such association's Account, marketing assessments as determined under paragraph (2) and collected under paragraph (3). "(2) For purposes of paragraph (1), the Secretary shall determine and adjust from time to time, in consultation with such association, the amount of the marketing assessment which shall be imposed, as a condition of eligibility for price support, on each pound of the kind of tobacco involved marketed by a producer from a farm within such association's area. Such amount shall be equal to an amount which, when collected, will result in an accumulation of an Account for such association adequate to reimburse the Corporation for any net losses which the Corporation may sustain under its loan agreements with such association, based on reasonable estimates of the amounts which the Corporation will lend to such association under such

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 PUBLIC LAW 97-218—JULY 20, 1982

96 STAT. 209

agreements and the proceeds which will be realized from the sales of the kind of tobacco involved which are pledged to the Corporation by such association as security for loans. "(3)(A) Except as provided in subparagraph (B), any marketing assessment to be paid by a producer under paragraph (1) shall be collected from the person who acquired the tobacco involved from such producer but an amount equal to such assessment may be deducted by the purchaser from the price paid to such producer in case such tobacco is marketed by sede. "(B) If tobacco of the kind for which an Account is established is marketed by a producer through a warehouseman or other agent, then such assessment shall be collected from such warehouseman or agent who may deduct an amount equal to such assessment from the price paid to the producer. If tobacco of the kind for which an Account is established is marketed by a producer directly to any person outside the United States, such assessment shall be collected from the producer. "(e) Amounts deposited in an Account established for an association shall be used by the Secretary for the purpose of ensuring, insofar as practicable, that the Corporation under its loan agreements with such association will suffer, with respect to the crop involved, no net losses (including, but not limited to, recovery of the amount of loans extended to cover the overhead costs of the association), after any net gains are applied to net losses of the Corporation pursuant to subsection (h). "(f) The Secretary shall provide, in any loan agreement between the Corporation and an association for which an Account has been established under subsection (b)(2), that if the Secretary determines that the amount in such Account or the net gains referred to in subsection (h) exceed the amounts necessary for the purposes of this section, then the Secretary, in consultation with such association, may suspend the payment and collection of marketing assessments under this section upon terms and conditions established by the Secretary. "(g) With respect to any association for which an Account is established under subsection (b)(2), if a loan agreement between the Corporation and such association is terminated, if such association is dissolved or merges with another association that has entered into a loan agreement with the Corporation to make price support available to producers of the kind of tobacco involved, or if such Account terminates by operation of law, then amounts in such Account and the net gains referred to in subsection (h) shall be applied to or disposed of in such manner as the Secretary may prescribe, except that they shall, to the extent necessary, first be applied to or used for the purposes therefor prescribed in this section. "(h) The provisions of section 106A(d)(5) relating to net gains shall Ante, p. 197. apply to any loan agreement between an association and the Corporation entered into upon or after the establishment of an Account for such association under subsection (b)(2). "(i) The Secretary shall issue regulations necessary to carry out Regulations. the provisions of this section.".

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 96 STAT. 210

PUBLIC LAW 97-218—JULY 20, 1982 MANDATORY SALE OF CERTAIN BURLEY TOBACCO ACREAGE ALLOTMENTS AND MARKETING QUOTAS HELD BEFORE ENACTMENT

Ante, p. 205.

SEC. 302. The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) is amended by adding after section 316A (as added by section 202 of this Act), a new section 316B, as follows: " M A N D A TO R Y S A L E OF CERTAIN BURLEY TOBACCO ACREAGE

ALLOTMENTS AND MARKETING QUOTAS 7 USC 1314b-2.

Noncompliance, penalty.

Review.

7 USC 1363.

"SEC. 316B. (a) Any person (including, but not limited to, any governmental entity, public utility, educational institution, or rehgious institution, but not including any individual) which, on or after the date of the enactment of this section— "(1) owns a farm for which a Burley tobacco marketing quota is established under this Act; and "(2) is not significantly involved in the management or use of land for agricultural purposes; shall sell, not later than December 1, 1983, or December 1 of the year after the year in which the farm is acquired, whichever is later, such quota to an active Burley tobacco producer or any person who intends to become an active Burley tobacco producer, as defined by the Secretary, for use on another farm in the same county or shall forfeit such quota under the procedure specified in subsection (b). "(b)(1) If, after notice and an opportunity for a hearing, the county committee of the county referred to in subsection (a) determines that any person knowingly failed to comply with such subsection, then the quota specified in such subsection shall be forfeited and shall be reallocated by such county committee to other active Burley tobacco producers or those intending to become active Burley tobacco producers as defined by the Secretary, for use in such county. "(2) Notice of such determination shall be mailed, as soon as practicable, to such person. If such person is dissatisfied with such determination, then such person may request, within fifteen days after notice of such determination is so mailed, a review of such determination by a local review committee under section 363 of this Act. "(c)(1) Any person who— "(A) acquires any Burley tobacco marketing quota by purchase under subsection (a) of this section; and "(B) with respect to any crop of Burley tobacco planted after the date of such acquisition, fails for the five-year period immediately subsequent to the year of such acquisition to share in the risk of producing Burley tobacco under such allotment or quota in the manner specified in paragraph (2) of this subsection; shall sell such quota before the expiration of the eighteen-month period beginning on July 1 of the year in which such crop is planted, or such quota shall be subject to forfeiture under the procedures specified in paragraph (3) of this subsection. "(2) For purposes of this subsection, a person shall be considered to have shared in the risk of producing a crop of Burley tobacco if— "(A) the investment of such person in the production of such crop is not less than 20 per centum of the proceeds of the sale of such crop; "(B) the amount of such person's return on such investment is dependent solely on the sale price of such crop; and

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 PUBLIC LAW 97-218—JULY 20, 1982 "(C) such person may not receive any of such return before the sale of such crop. "(3)(A) If, after notice and an opportunity for a hearing, the county committee of the county referred to in subsection (a) determines that any person knowingly failed to comply with this subsection, then the quota specified in this subsection shall be forfeited and shall be reallocated by such county committee for use by active Burley tobacco producers or those intending to become active Hurley tobacco producers, as defined by the Secretary, for use in such county. "(B) Notice of such determination shall be mailed, as soon as practicable, to such person. If such person is dissatisfied with such determination, then such person may request, within fifteen days after notice of such determination is so mailed, a review of such determination by a local review committee under section 363 of this Act".

96 STAT. 211

Review.

7 USC 1363.

POUNDAGE QUOTAS FOR DARK AIR-CURED TOBACCO AND FOR FIRECURED TOBACCO; MODIFICATION OF L E A S I N G OF POUNDAGE QUOTAS

FOR BURLEY TOBACCO

SEC. 303. (a) Section 301(b)(15) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1301(b)(15)) is amended by striking out the period at the end thereof and inserting in lieu thereof ": And provided further. That for purposes of section 319 of this title, types 22 and 23, 7 USC I3l4e. fire-cured tobacco shall be treated as one 'kind of tobacco'.". (b) Section 319(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(b)) is amended by— (1) in the first sentence, inserting "for burley tobacco" after "in effect"; (2) in the second sentence— (A) inserting "for burley tobacco" after "basis"; and (B) inserting "for burley tobacco" after "in effect"; (3) in the fourth sentence, striking out "such kind o f and inserting in lieu thereof "burley"; (4) in the proviso to the fifth sentence, inserting "for burley tobacco" after "determined"; and (5) striking out the subsection designation "(b)". (c) Section 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e) is amended by inserting before subsection (c) the following new subsection: "(b) Notwithstanding any other provision of law, the Secretary shall, not later than February 1, 1983, proclaim national marketing quotas for dark air-cured tobacco and for fire-cured tobacco, types 22 and 23 (hereinafter in this section referred to as 'fire-cured tobacco') for the three marketing years beginning October 1, 1983, and determine and announce the amount of the marketing quota for dark aircured and for fire-cured tobacco for the marketing year beginning October 1, 1983, as provided in this section. Within thirty days Referendum. following such proclamation, the Secretary shall conduct a referendum of the farmers engaged in the production of the 1982 crop of each of such kinds of tobacco to determine whether they favor or oppose the establishment of farm marketing quotas on a poundage basis for such kind of tobacco as provided in this section for the three marketing years beginning October 1, 1983, in lieu of quotas on an acreage basis in effect for the two marketing years beginning

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 96 STAT. 212 Effective date.

Referendum.

Hearings.

PUBLIC LAW 97-218—JULY 20, 1982 October 1, 1983. If the Secretary determines that one-half or more of the farmers voting in such referendum approve marketing quotas on a poundage basis for such kind of tobacco, then marketing quotas as provided in this section shall be in effect for such kind of tobacco for the three marketing years beginning October 1, 1983, and marketing quotas on an acreage basis shall cease to be in effect for such kind of tobacco for the two marketing years beginning on October 1, 1983. If marketing quotas on a poundage basis are not approved for such kind of tobacco by at least one-half of the farmers voting in such referendum, then quotas on an acreage basis shall be in effect for such kind of tobacco for the two marketing years beginning October 1, 1983. "If marketing quotas on an acreage basis are in effect for any such kind of tobacco, if, for a period of not less than three marketing years, a referendum has not been held under this section to determine whether producers of such kind of tobacco favor marketing quotas on a poundage basis for such kind of tobacco, and if the Secretary, after conducting public hearings in the area in which such kind of tobacco is produced, ascertains that producers and other interested persons favor marketing quotas on a poundage basis for such kind of tobacco, then the Secretary shall, at the time of the next announcement of the amount of the national marketing quota, announce national marketing quotas for the next three succeeding marketing years under this section. Within thirty days of such proclamation, the Secretary shall conduct a referendum of farmers engaged in the production of the most recent crop of such kind of tobacco to determine whether they favor the establishment of marketing quotas on a poundage basis for such kind of tobacco as provided in this section for the next three succeeding marketing years. If the Secretary determines that more than one-half of the farmers voting in such referendum approve marketing quotsis on a poundage basis under this section, then quotas on that basis shall be in effect for the next three succeeding marketing years and the marketing quotas on an acreage basis shall cease to be in effect at the beginning of such three-year period. If marketing quotas on a poundage basis are not approved by more than one-half of the farmers voting in such referendum, then the marketing quotas on an acreage basis shall continue in effect as theretofore proclaimed under this Act. "The Secretary shall determine and announce, not later than the February 1 preceding the second and third marketing years of any three-year period for which marketing quotas on a poundage basis are in effect for any such kind of tobacco under this section, the amount of the national marketing quota for such kind of tobacco for each of such years. If marketing quotas on a poundage basis have been made effective for such kind of tobacco under this section, then the Secretary shall, not later than February 1 of the last of three consecutive marketing years for which marketing quotas are in effect for such kind of tobacco under this section, proclaim a national marketing quota for such kind of tobacco for the next three succeeding marketing years as provided in this section. The Secretary shall conduct extensive hearings in the area in which such kind of tobacco is produced to ascertain whether producers favor marketing quotas on an acreage basis or on a poundage basis and shall proclaim the quota on the basis he determines most producers of such kind of tobacco favor. Within thirty days following such proclamation, the Secretary shall conduct a referendum in accord-

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 PUBLIC LAW 97-218—JULY 20, 1982 ance with section 312(c) of the Act. If more than one-half of the farmers voting in such referendum oppose the national marketing quotas, then the Secretary shall announce the results and no marketing quotas or price support shall be in effect for such kind of tobacco and the national marketing quota so proclaimed shall not be in effect for the next three succeeding marketing years. Thereafter the provisions of section 312 of the Act shall apply: Provided, That the national marketing quota and farm marketing quotas for such kind of tobacco shall be determined for such kind of tobacco as provided in this section.". (d) Section 319(c) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(c)) is amended by— (1) in the first sentence— (A) striking out "hurley tobacco" and inserting in lieu thereof "any kind of tobacco for which poundage quotas may be established"; and (B) inserting "of such kind of tobacco" after "amount" the first place it appears; (2) in the second sentence, striking out "Any" and inserting in lieu thereof "With respect to hurley tobacco, any"; and (3) in the third sentence— (A) inserting "for a kind of tobacco" after "in effect"; (B) inserting "with respect to such kind of tobacco" after "reserve" the first place it appears; (C) inserting "for such kind of tobacco" after "quota" the first place it appears; and (D) striking out "per centum of the" and inserting in lieu thereof "per centum of such". (e) Section 319(d) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(d)) is amended by CD in the first sentence— (A) inserting "for a kind of tobacco" after "proclaimed"; (B) striking out "a hurley tobacco acreage allotment" and inserting in lieu thereof "an acreage allotment for such kind of tobacco"; and (C) inserting ", in the case of hurley tobacco, and October 1, 1982, in the case of dark air-cured tobacco and fire-cured tobacco" after "1970"; and (2) in the second sentence— (A) inserting ", in the case of burley tobacco, and the 1978 crop year, in the case of dark air-cured tobacco and firecured tobacco" after "crop year"; (B) striking out "burley tobacco" the first place it appears and inserting in lieu thereof "the kind of tobacco involved"; (C) striking out "burley tobacco" in each of the second, third, fourth, and fifth places it appears and inserting in lieu thereof "such kind of tobacco"; and (D) striking out the period at the end thereof and inserting in lieu thereof ", in the case of burley tobacco, and three thousand pounds per acre, in the case of dark air-cured tobacco and fire-cured tobacco: And provided further, That, when a marketing quota program for dark air-cured tobacco or for fire-cured tobacco is first established under this section, farm yields so determined with respect to dark air-cured tobacco or fire-cured tobacco, as the case may be, shall be adjusted proportionately so that the weighted average of such farm yields is equal to the national average

96 STAT. 213 ^ USC 1312.

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 96 STAT. 214

7 USC I3i4e.

PUBLIC LAW 97-218—JULY 20, 1982 yield goal for dark air-cured tobacco or fire-cured tobacco, as the case may be.". (£) Section 319(e) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(e)) is amended by— (1) inserting after the first sentence the following: "A preliminary farm marketing quota shall be determined for each farm for which a dark air-cured tobacco or fire-cured tobacco acreage allotment was established for the marketing year beginning October 1, 1982, by multiplying the farm yield determined under such subsection by the farm acreage allotment (prior to any such reduction) established for such farm for the marketing year beginning October 1, 1982."; (2) in the third sentence (as in effect before the amendment made by paragraph (1)), striking out "hurley tobacco marketing quotas and inserting in lieu thereof "marketing quotas for the kind of tobacco involved"; and (3) in the sixth sentence (as in effect before the amendment made by paragraph (1))— (A) striking out "hurley tobacco experience of the farm operator" and inserting in lieu thereof "experience of the farm operator with respect to the kind of tobacco involved"; and (B) striking out "production of hurley tobacco" each place it appears and inserting in lieu thereof "production of such kind of tobacco". (g) The first sentence of section 319(f) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(£)) is amended by— (1) inserting "for any kind of tobacco" after "in effect"; and (2) striking out "hurley tobacco" and inserting in lieu thereof "such kind of tobacco". (h) Section 319(g) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(g)) is amended by— (1) inserting "for any kind of tobacco" after "in effect"; (2) striking out "hurley tobacco" and inserting in lieu thereof "such kind of tobacco"; and (3) in the third proviso— (A) striking out "fifteen thousand pounds" and inserting in lieu thereof "thirty thousand pounds"; and (B) inserting "with respect to hurley tobacco" after "section". (i) Section 319(i) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(i)) is amended by— (1) in the proviso to paragraph (1), striking out "hurley tobacco" and inserting in lieu thereof "the kind of tobacco involved"; and (2) in paragraph (3), inserting "with respect to hurley tobacco" after "in effect". (j) The section heading for section 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1313e) is amended to read as follows: "FARM POUNDAGE QUOTAS FOR CERTAIN KINDS OF TOBACCO". CONFIDENTIAL DATA

7 USC 1373.

S E C 304. Section 373(c) of the Agricultural Adjustment Act of 1938 is amended by adding at the end thereof the following new sentence: "Nothing in this section shall be deemed to prohibit the issuance of

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 PUBLIC LAW 97-218—JULY 20, 1982

96 STAT. 215

general statements based upon the reports of a number of parties which statements do not identify the information furnished by any person.". LONCMTERM GRAIN SALES AGREEMENT

SEC. 305. (a) The Congress finds that— (1) talks to extend the long-term grain sales agreement between the Soviet Union and the United States were broken off in 1981 with no date set for resumption of these talks; (2) the Government of the Soviet Union for all practical purposes has ceased to purchase United States agricultural commodities since the breaking off of negotiations; (3) the lack of a long-term grain sales agreement may result in market instability, with the potential of disrupting the feedlivestock relationship in the United States; (4) the lack of such an agreement may result in uncertainty among farmers as to the best planting decisions for the upcoming crop year; (5) the lack of such an agreement has already led the Soviet Union to seek other sources of supplies at the expense of the American farmer; and (6) the lack of such an agreement means a drop in the export of agricultural commodities and continued severe difficulties with the balance of trade deficit of the United States. (b) It is the sense of the Congress that the President should immediately resume negotiations with the Government of the Soviet Union for the purpose of reaching an agreement to extend the duration of the existing long-term grain sales agreement and to require the purchase by the Government of the Soviet Union of a minimum amount of grain annually at a level not less than the level required by the existing long-term grain sales agreement. UMrrATION ON THE SALE OF TOBACCO FLOOR SWEEPINGS

SEC. 306. The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) is amended by adding immediately after section 314 thereof the following new section: "SEC. 314A. (a) Effective for the 1982 and subsequent crops of tobacco, the marketing of floor sweepings of any kind of tobacco in excess of allowable floor sweepings shall be subject to a civil penalty of 150 per centum of the average market price (calculated to the nearest whole cent) for such kind of tobacco for the immediately preceding marketing year. Such penalty shall be paid by any person found by the Secretary to have marketed such floor sweepings in excess of the allowable amount. "(b) The penalty provided for in subsection (a) shall be assessed by the Secretary only after the person alleged to have marketed floor sweepings in excess of allowable floor sweepings has been given notice and an opportunity for hearing and the Secretary has determined by decision incorporating the Secretary's findings of fact that a violation did occur and the amount of the penalty. "(c) The provisions of section 376 of this title shall apply to penalties under this section. "(d) As used in this section—

97-200 O—84—pt. 1

9: QL3

Penalties. 7 USC 1314-1.

7 USC 1376. Definitions.

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 96 STAT. 216

PUBLIC LAW 97-218—JULY 20, 1982 "(1) the term 'floor sweepings' means the scraps or leaves of tobacco which accumulate on the warehouse floor in the regular course of business; and "(2) the term 'allowable floor sweepings' means the quantity of floor sweepings determined by multiplying 0.24 per centum times the total flrst sales of tobacco at auction for the season for the warehouse involved.". TITLE IV—THE AGRICULTURAL STABILIZATION AND CONSERVATION COUNTY AND COMMUNITY COMMITTEE SYSTEM

16 USC 590h "o^-

16 USC 590h.

SEC. 401. Congress finds that agricultural stabilization and conservation county and community committees have served, and should continue to serve, a vital function in implementing, at the local level, farm commodity, soil conservation, and related programs; and that, by assisting the United States Department of Agriculture to conduct such programs effectively, such committees provide substantial benefits to agriculture and the Nation. Congress further finds that the agricultural stabilization and conservation county and community committee system has developed, over the years, into a highly efficient mechanism for implementing such programs at the local level. Therefore, it is the sense of Congress that the Secretary of Agriculture should ensure that the structure and operations of the agricultural stabilization and conservation county and community committees, as heretofore developed to enable such committees to meet the responsibilities assigned them under section 80)) of the Soil Conservation and Domestic Allotment Act, and related statutes and regulations, be preserved and strengthened. Approved July 20, 1982.

LEGISLATIVE HISTORY—H.R. 6590: HOUSE REPORT No. 97-613 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 128 (1982): June 21, considered and passed House. July 14, considered and passed Senate, amended. July 15, House concurred in Senate amendments.

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 PUBLIC LAW 97-219—JULY 22, 1982 Public Law 97-219 97th Congress

96 STAT. 217

An Act To amend the Small Business Act to strengthen the role of the small, innovative firms in federally funded research and development, and to utilize Federal research and development as a base for technological innovation to meet agency needs and to contribute to the growth and strength of the Nation's economy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. This Act may be cited as the "Small Business Innovation Development Act of 1982". SEC. 2. (a) The Congress finds that— (1) technological innovation creates jobs, increases productivity, competition, and economic growth, and is a valuable counterforce to inflation and the United States balance-of-payments deficit; (2) while small business is the principal source of significant innovations in the Nation, the vast majority of federally funded research and development is conducted by large businesses, universities, and Government laboratories; and (3) small businesses are among the most cost-effective performers of research and development and are particularly capable of developing research and development results into new products. GJ) Therefore, the purposes of the Act are— (1) to stimulate technological innovation; (2) to use smgdl business to meet Federal research and development needs; (3) to foster and encourage participation by minority and disadvantaged persons in technological innovation; and (4) to increase private sector commercialization innovations derived from Federal research and development. SEC. 3. Section 9(b) of the Small Business Act is amended— (1) by striking out "and" at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(4) to develop and maintain a source file and an information program to assure each qualified and intere^ed small business concern the opportunity to participate in Federal agency small business innovation research programs; "(5) to coordinate with participating agencies a schedule for release of SBIR solicitations, and to prepare a master release schedule so as to maximize small businesses' opportunities to respond to solicitations; "(6) to independently survey and monitor the operation of SBIR programs within participating Federal agencies; and "(7) to report not less than annually to the Committee on Smedl Business of the Senate and the Committee on Small Business of the House of Representatives on the SBIR programs

July 22, 1982 [S. 881]

Small Business Innovation Development Act of 1982. 15 USC 631 note. 15 USC 638 note.

15 USC 638.

Report to congressional committees.

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 96 STAT. 218

15 USC 638. Definitions.

Research or research development, budget.

PUBLIC LAW 97-219—JULY 22, 1982 of the Federal agencies and the Administration's information and monitoring efforts related to the SBIR programs,". SEC. 4. Section 9 of the Small Business Act is amended by adding at the end thereof the following new subsections: "(e) For the purpose of this section— "(1) the term 'extramural budget' means the sum of the total obligations minus amounts obligated for such activities by employees of the agency in or through Government-owned, Government-operated facilities, except that for the Agency for International Development it shall not include amounts obligated solely for general institutional support of international research centers or for grants to foreign countries; "(2) the term 'Federal agency' means an executive agency as defined in section 105 of title 5, United States Code, or a military department as defined in section 102 of such title, except that it does not include any agency within the Intelligence Community (as the term is defined in section 3.4(f) of Executive Order 12333 or its successor orders); "(3) the term 'funding agreement' means any contract, grant, or cooperative agreement entered into between any Federal agency and any small business for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government; "(4) the term 'Small Business Innovation Research Program' or 'SBIR' means a program under which a portion of a Federal agency's research or research and development effort is reserved for award to small business concerns through a uniform process having— "(A) a first phase for determining, insofar as possible, the scientific and technical merit and feasibility of ideas submitted pursuant to SBIR program solicitations; "(B) a second phase to further develop the proposed ideas to meet the particular program needs, the awarding of which shall take into consideration the scientific and technical merit and feasibility evidenced by the first phase and, where two or more proposals are evaluated as being of approximately equal scientific and technical merit and feasibility, special consideration shall be given to those proposals that have demonstrated third phase, non-Federal capital commitments; and "(C) where appropriate, a third phase in which nonFederal capital pursues commercial applications of the research or research and development and which may also involve follow-on non-SBIR funded production contracts with a Federgd agency for products or processes intended for use by the United States Government; and "(5) the term 'research' or 'research and development' means any activity which is (A) a systematic, intensive study directed toward greater knowledge or understanding of the subject studied; (B) a systematic study directed specifically toward appl3ring new knowledge to meet a recognized need; or (C) a systematic application of knowledge toward the production of useful materials, devices, and systems or metho<fe, including design, development, and improvement of protot3rpes and new processes to meet specific requirements. "(fKD Each Federal sigency which has an extramural budget for research or research and development in excess of $100,000,000 for

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 PUBLIC LAW 97-219—JULY 22, 1982 fiscal year 1982, or any fiscal year thereafter, shall expend not less than 0.2 per centum of its extramural budget in fiscal year 1983 or in such subsequent fiscal year as the agency has such budget, not less than 0.6 per centum of such budget in the second fiscal year thereafter, not less than 1 per centum of such budget in the third fiscal year thereafter, and not less than 1.25 per centum of such budget in all subsequent fiscsJ years with small business concerns specifically in connection with a small business innovation research program which meets the requirements of the Small Business Innovation Development Act of 1982 and regulations issued thereunder: Provided, That any Federal agency which has an extramural budget for research or research and development in excess of $10,000,000,000 for fiscal year 1982 shall expend not less than 0.1 per centum of its extramural budget in fiscal year 1983, not less than 0.3 per centum of such budget in the second fiscal year thereafter, not less than 0.5 per centum of such budget in the third fiscal year thereafter, not less than 1 per centum of such budget in the fourth fiscal year thereafter, and not less than 1.25 per centum of such budget in all subsequent fiscal years with small business concerns specifically in connection with a small business innovation research program which meets the requirements of the Small Business Innovation Development Act of 1982 and regulations issued thereunder: Provided further. That a Federal agency shall not make available for the purpose of meeting the requirements of this subsection an amount of its extramural budget for basic research or research and development which exceeds the percentages specified herein. Funding agreements with small business concerns for research or research and development which result from competitive or single source selections other than under a small business innovation research program shall not be counted as meeting any portion of the percentage requirements of this subsection. "(2) Amounts appropriated for atomic energy defense programs of the Department of Energy shall for the purposes of paragraph (1) be excluded from the amount of the research or research and development budget of that Department. "(g) Each Federal agency required by subsection (f) to establish a small business innovation research program shall, in accordance with this Act and regulations issued hereunder— "(1) unilaterally determine categories of projects to be in its SBIR program; "(2) issue small business innovation research solicitations in accordance with a schedule determined cooperatively with the Small Business Administration; "(3) unilaterally receive and evaluate proposals resulting from SBIR proposals; "(4) unilaterally select awardees for its SBIR funding agreements; "(5) administer its own SBIR funding agreements (or delegate such administration to another agency); "(6) make payments to recipients of SBIR funding agreements on the basis of progress toward or completion of the funding agreement requirements; and "(7) make an annual report on the SBIR program to the Small Business Administration and the Office of Science and Technology Policy. "(h) In addition to the requirements of subsection (f), each Federal agency which has a budget for research or research and develop-

96 STAT. 219

Small business innovation research program, requirements.

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 96 STAT. 220

PUBLIC LAW 97-219—JULY 22, 1982

ment in excess of $20,000,000 for any fiscal year beginning with fiscal year 1983 or subsequent fiscal year shall establish goals specifically for funding agreements for research or research and development to smsill business concerns, and no goal established under this subsection shall be less than the percentage of the agency's research or research and development budget expended under funding agreements with small business concerns in the immediately preceding fiscal year, "(i) Each Federal agency required by this section to have an SBIR program or to establish goals shall report annually to the Small Business Administration the number of awards pursuant to grants, contracts, or cooperative agreements over $10,000 in amount and the dollar value of all such awards, identifying SBIR awards and comparing the number and amount of such awards with awards to other than small business concerns. Policy directives. "(j) The Small Business Administration, after consultation with the Administrator of the Office of Federal Procurement Policy, the Director of the Office of Science and Technology Policy, and the Intergovernmental Affairs Division of the Office of Management and Budget, shall, within one hundred and twenty days of the enactment of the Small Business Innovation Development Act of 1982, issue policy directives for the general conduct of the SBIR programs within the Federal Government, including providing for— "(1) simplified, standardized, and timely SBIR solicitations; "(2) a simplified, standardized funding process which provides for (A) the timely receipt and review of proposals; (B) outside peer review for at least phase two proposals, if appropriate; (C) protection of proprietary information provided in proposals; (D) selection of awardees; (E) retention of rights in data generated in the performance of the contract by the small business concern; (F) transfer of title to property provided by the agency to the small business concern if such a transfer would be more cost effective than recovery of the property by the agency; (G) cost sharing; and (H) cost principles and payment schedules; "(3) exemptions from the regulations under paragraph (2) if national security or intelligence functions clearly would be jeopardized; "(4) minimizing regulatory burden associated with participation in the SBIR program for the smeill business concern which will stimulate the cost-effective conduct of Federal research and development and the likelihood of commercialization of the results of research and development conducted under the SBIR program; and "(5) simplified, standardized, and timely annual report on the SBIR program to the Small Business Administration and the Office of Science and Technology Policy, "(k) The Director of the Office of Science and Technology Policy, in consultation with the Federal Coordinating Council for Science, Engineering and Research, shall, in addition to such other responsibilities imposed upon him by the Small Business Innovation Development Act of 1982— "(1) independently survey and monitor all phases of the implementation and operation of SBIR programs within agencies required to establish an SBIR program, including compliance with the expenditures of funds according to the requirements of subsection (f) of this section; and

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 PUBLIC LAW 97-219—JULY 22, 1982 "(2) report not less than annually, and at such other times as the Director may deem appropriate, to the Committees on Small Business of the Senate and the House of Representatives on all phases of the implementation and operation of SBIR programs within agencies required to establish an SBIR program, together with such recommendations as the Director may deem appropriate.". SEC. 5. Effective October 1, 1988, paragraphs (4) through (7) of section 9(b) of the Small Business Act (as added by section 3) and subsections (e) through (k) of section 9 of the Small Business Act (as added by section 4) are repealed. SEC. 6. The Comptroller General shall, not more than five years after the date of enactment of this Act, transmit a report to the Senate and the House of Representatives on the implementation of, and nature of research conducted under this Act, including the judgments of the heads of Departments and agencies as to the effect of this Act on research programs. Approved July 22, 1982.

LEGISLATIVE HISTORY—S. 881 (H.R. 4326): HOUSE REPORTS: No. 97-349, Pts. 1-7 accompanying H. R. 4326 (Comms. on Small Business; Energy and eommerce; Veterans' Affairs; Science and Technology; Foreign Affairs; Armed Services; and Permanent Select eommittee on Intelligence), respectively. SENATE REPORT No. 97-194 (Comm. on Small Business). CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 7, 8, considered and passed Senate. Vol. 128 (1982): June 17, 22, 23, H.R. 4326 considered and passed House; passage vacated and S. 881, amended, passed in lieu. June 29, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 18, No. 29 (1982): July 22, Presidential statement.

96 STAT. 221 Report to congressional committees.

15 USC 638.

Report to Congress. 15 USC 638 note.

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 96 STAT. 222

PUBLIC LAW 97-220—JULY 22, 1982 Public Law 97-220 97th Congress An Act

lulv 22 1982 •' ' — To provide for the minting of commemorative coins to support the 1984 Los Angeles [S. 1230] Olympic Games.

Olympic

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

Commemorative Coin Act. 31 u note.s e 5112

SHORT TITLE SECTION

1. This Act may be cited as the "Olympic Commemorative

Coin Act". COIN S P E C I F I C A T I O N S

31 USC 5112 "°^"

31 USC 392.

SEC. 2. (a)(1) Notwithstanding any other provision of law, the Secretary of the Treasury (hereinafter in this Act referred to as the "Secretary") shall issue not more than fifty million one-dollar coins which shall weigh 26.73 grams, have a diameter of 1.50 inches, and shall contain 90 per centum silver and 10 per centum copper. (2) The Secretary shall determine the design of such one-dollar coins. Such design shall be emblematic of the 1984 summer Olympic games which are to be held in Los Angeles, California. On each such one-dollar coin there shall be a designation of the value of the coin, an inscription of the year of issue, and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (3) The coins shall be issued in two separate designs, one in 1983 and one in 1984. (b)(l) Notwithstanding any other provision of law, the Secretary shall issue not more than two million ten-dollar coins which shall weigh 16.718 grams, have a diameter of 1.06 inches, and shall contain 90 per centum gold and 10 per centum copper. (2) The Secretary shall determine the design of such ten-dollar coin. Such design shall be emblematic of the 1984 summer Olympic games which are to be held in Los Angeles, California. On each such ten-dollar coin there shall be a designation of the value of the coin, an inscription of the year 1984, and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (c) The coins issued under this section shall be issued in uncirculated and proof qualities. (d) All coins issued under this section shall be legal tender as provided in section 102 of the Coinage Act of 1965. (e)(1) The Secretary shall obtain gold for the coins minted under this Act pursuant to the authority of the Secretary under existing law. (2) The Secretary shall obtain silver for the coins minted under this Act from stocks of silver held by the Secretary of the Treasury or from any other federally owned stocks of silver.

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 PUBLIC LAW 97-220—JULY 22, 1982

96 STAT. 223

SALES WITHIN THE UNITED STATES

SEC. 3. (a) Notwithstanding any other provision of the law, the 31 USC 5112 coins issued under this Act shall be sold within the United States ^°^^(including United States military and diplomatic establishments outside the United States) by the Secretary under such regulations as he may prescribe and at a price equal to face value, plus the cost of issuing such coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) The Secretary shall make bulk sales at a reasonable discount to reflect the lower costs of such sales. (c) The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount to reflect the benefit of prepayment. (d) All sales shall include a surcharge, established by the Secretary, of not less than $10 per coin for one-dollar coins and not less than $50 per coin for ten-dollar coins. INTERNATIONAL SALES

SEC. 4. (a) The Secretary shall assign the rights to market the 31 USC 5112 coins outside the United States (excluding United States military ^°^^and diplomatic establishments outside the United States) to a marketing organization selected under section 5. (b) The marketing organization assigned the rights under this section shall pay a price determined under sections 3(b) and (d). SELECTION OF INTERNATIONAL MARKETERS

SEC. 5. (a) As soon as possible after the effective date of this Act, a 31 USC 5112 committee consisting of the Secretary of the Treasury, the executive ^°*®' director of the United States Olympic Committee, and the president of the Los Angeles Olympic Organizing Committee, shall solicit, in accordance with procedures specified by the Secretary of the Treasury, proposals from marketing organizations to carry out a marketing agreement. Such procedures shall include the publication of evaluation criteria that will serve as a basis for selecting one or more marketing organizations. Such criteria shall include— (1) the financial resources and coin marketing experience of the marketing organization; (2) the estimated proceeds from the sale or other disposition of the coins; and (3) the commitment of the marketing organization to purchase a certain minimum number of such coins or to pay the surcharge on such coins; and (4) the terms and conditions for the marketing of the coins, including— (A) proper and equitable distribution of the coins, and (B) accurate and otherwise appropriate advertising materials to be used in promoting the coins. (b) Within forty-five days after the effective date of this Act, the committee shall consider all proposals received from marketing organizations under subsection (a) and select by majority vote one or more marketing organizations which offer the terms for marketing of the coins most favorable in accordance with the published evaluation criteria. Any marketing organization selected shall be acceptable to the Secretary of the Treasury.

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 96 STAT. 224

PUBLIC LAW 97-220—JULY 22, 1982 DISTRIBUTION OF PROCEEDS

31 USC 5112 ^°^-

SEC. 6. (a) Fifty per centum of the amount of all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United States Olympic Committee. Such amounts shall be used to train United States Olympic athletes, to support local or community amateur athletic programs, and to erect facilities for the training of such athletes. (b) Fifty per centum of the amount of all surcharges which are received by the Secretary from the sale of coins under this Act shall be promptly paid by the Secretary to the Los Angeles Olympic Organizing Committee. Such amounts shall be used to stage and promote the 1984 Los Angeles Olympic games. (c) Amounts received by the Secretary from advance sale of coins to be issued under this Act shall be paid to the United States Olympic Committee and the Los Angeles Olympic Organizing Committee under subsections (a) and (b), provided that any amounts paid to the Committees shall not exceed an amount equivalent to the surcharges received by the Secretary from the advance sale of coins. Remittance date. (d)(1) On March 31, 1985, the Los Angeles Olympic Organizing Committee shall remit to the United States Olympic Committee all amounts remaining from the disposition of the coins under this Act, In no event may such amount be less than that portion of the unobligated funds of the committee on that date represented by the ratio of the total amount of income received by the committee from the disposition of the coins minted under this Act to the total amount of income received by the committee from all sources. (2) After March 31, 1985, all amounts received by the committee from the disposition of coins minted under this Act shall be remitted within ten days to the United States Olympic Committee. (3) All amounts received by the United States Olympic Committee under this subsection shall be used solely for the purposes described in subsection (a). IMPLEMENTATION AGREEMENT

31 USC 5112 "°*^®-

SEC. 7. (a) The Secretary of the Treasury shall enter into an agreement with the marketing organization selected under section 5 which shall provide for the implementation of that section and which shall include an agreement on— (1) the price and schedule of payments for the coins; (2) the schedule and other provisions for the delivery of the coins; and (3) the proportions of proof and uncirculated coins. (b) The agreement between the Secretary of the Treasury and the committee shall ensure that the issuance of coins under this section shall result in no net cost to the United States Government. (c) The agreement between the Secretary of the Treasury and the marketing organization shall direct that the marketing organization shall not use any words, perform any act, or make any statement, written or oral, which would imply or indicate, or tend to imply or indicate, that any portion of the coins' sale price to the public constitutes a tax-deductible contribution. (d) To the extent possible, the agreement between the Secretary of the Treasury and the marketing organization shall be concluded

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 PUBLIC LAW 97-220—JULY 22, 1982

96 STAT. 225

within sixty days of the date of the selection of the marketing organization. (e) The Secretary may terminate the implementation agreement Termination. and cease minting and the delivery of the coins issued under this section if the Secretary of the Treasury finds that such termination is in the best interests of the United States. Reasons for such termination may include actions which are inconsistent with the terms of the implementation agreement or advertising materials that are inappropriate for advertising the sale of United States coinage or otherwise not in keeping with the dignity of the United States coinage. (f) If the Secretary of the Treasury exercises his authority under subsection (e), the amount of any proceeds guaranteed to the Los Angeles Olympic Organizing Committee and the United States Olympic Committee by a marketing organization under a marketing agreement shall not be reduced. COINAGE PROFIT FUND

SEC. 8. Notwithstanding any other provision of law— (1) all amounts received from the sale of coins issued under this Act shall be deposited in the coinage profit fund; (2) the Secretary shall pay the amounts authorized under section 6 from the coinage profit fund; and (3) the Secretary shall charge the coinage profit fund with all expenditures under this Act.

31 USC 5112 "°*^

AUDITS

SEC. 9. The Comptroller General of the United States shall have 31 USC 5ii2 the right to examine such books, records, documents, and other data ^°^^' of the United States Olympic Committee and the Los Angeles Olympic Organizing Committee as may be related to the expenditure of amounts paid under section 6. FINANCIAL ASSURANCES

SEC. 10. (a) The Secretary shall take all actions necessary to 31 USC 5112 ensure that the issuance of the coins authorized by this Act shall ^°^^result in no net cost to the United States Government. (b) No coin shall be issued under this Act unless the Secretary has received full payment therefor. (c) The Secretary shall certify, in reports required to be filed under section 11 of this Act, that he is in compliance with this section.

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 96 STAT. 226

PUBLIC LAW 97-220—JULY 22, 1982 REPORTS TO CONGRESS

31 USC 5112 "°^^-

SEC. 11. Not later than forty-five days after the last day of each calendar quarter, the Secretary shall transmit a report to the Congress regarding the activities carried out under this Act during such calendar quarter. No such report shall be required with respect to any calendar quarter beginning after December 31, 1985. Approved July 22, 1982.

LEGISLATIVE HISTORY—S. 1230: HOUSE REPORT No. 97-554 (Comm. on Banking, Finance and Urban Affairs). SENATE REPORT No. 97-264 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 9, considered and passed Senate. Vol. 128 (1982): May 20, considered and passed House, amended. July 1, Senate concurred in House amendment.

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 PUBLIC LAW 97-221—JULY 23, 1982

96 STAT. 227

Public Law 97-221 97th Congress An Act To amend title 5, United States Code, to provide permanent authorization for Federal agencies to use flexible and compressed employee work schedules.

July 23, 1982 [S. 2240]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Federal be cited as the "Federal Employees Flexible and Compressed Work Employees Flexible and Schedules Act of 1982". Compressed SEC. 2. (a) Chapter 61 of title 5, United States Code, is amended— Work Schedules Act of (1) by inserting before section 6101 the following: 1982. "SUBCHAPTER I-GENERAL PROVISIONS"; and (2) by adding at the end thereof the following new subchapter: "SUBCHAPTER II-FLEXIBLE AND COMPRESSED WORK SCHEDULES "§ 6120. Purpose "The Congress finds that the use of flexible and compressed work schedules has the potential to improve productivity in the Federal Government and provide greater service to the public. "§ 6121. Definitions "For purposes of this subchapter— "(1) 'agency* means any Executive agency, any military department, and the Library of Congress; "(2) 'employee' has the meaning given it by section 2105 of this title; "(3) 'basic work requirement' means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise; "(4) 'credit hours' means any hours, within a flexible schedule established under section 6122 of this title, which are in excess of an employee's basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday; "(5) 'compressed schedule* means— "(A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and "(B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays; "(6) 'overtime hours', when used with respect to flexible schedule programs under sections 6122 through 6126 of this title, means £dl hours in excess of 8 hours in a day or 40 hours in

5 USC 6101 note.

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 96 STAT. 228

5 USC 7103. 5 USC 7101 ^^ s^9-

PUBLIC LAW 97-221—JULY 23, 1982 a week which are officially ordered in advance, but does not include credit hours; "(7) 'overtime hours', when used with respect to compressed schedule programs under sections 6127 and 6128 of this title, means any hours in excess of those specified hours which constitute the compressed schedule; and "(8) 'collective bargaining', 'collective bargaining agreement', and 'exclusive representative' have the same meanings given such terms "(A) by section 7103(a) (12), (8), and (16) of this title, respectively, in the case of any unit covered by chapter 71 of this title; and "(B) in the case of any other unit, by the corresponding provisions applicable under the personnel system covering

this unit. 5 USC 6101.

"§ 6122. Flexible schedules; agencies authorized to use "(a) Notwithstanding section 6101 of this title, each agency may establish, in accordance with this subchapter, programs which allow the use of flexible schedules which include— "(1) designated hours and days during which an employee on such a schedule must be present for work; and "(2) designated hours during which an employee on such a schedule may elect the time of such employee's arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee's position are fulfilled. "(b) Notwithstanding any other provision of this subchapter, but subject to the terms of any written agreement referred to in section 6130(a) of this title, if the head of an agency determines that any organization within the agency which is participating in a program under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may— "(1) restrict the employees' choice of arrival and departure time, "(2) restrict the use of credit hours, or "(3) exclude from such program any employee or group of employees.

"§ 6123. Flexible schedules; computation of premium pay "(a) For purposes of determining compensation for overtime hours in the case of an employee participating in a program under section 6122 of this title— "(1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5 USC 5542, 5542(a), 5543(a)(1), 5544(a), and 5550 of this title, section 5543, 5544, 5550. 4107(e)(5) of title 38, section 7 of the Fair Labor Standards Act (29 U.S.C. 207), or any other provision of law; or "(2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.

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96 STAT. 229

"(b) Notwithstanding the provisions of law referred to in subsection (a)(1) of this section, a"^ employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under section 6126 of this title or to the extent such employee is allowed to have such hours taken into account with respect to the employee's basic work requirement. "(c)(1) Notwithstanding section 5545(a) of this title, premium pay 5 USC 5545. for nightwork will not be paid to an employee otherwise subject to such section solely because the employee elects to work credit hours, or elects a time of arrival or dep£u*ture, at a time of day for which such premium pay is otherwise authorized, except that— "(A) if an employee is on a flexible schedule under which— "(i) the number of hours during which such employee must be present for work, plus "(ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work, which occur outside of the nightwork hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and "(B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated. "(2) Notwithstanding section 5343(f) of this title, and section 5 USC 5343. 4107(e)(2) of title 38, night differential will not be paid to any employee otherwise subject to either of such sections solely because such employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which night differentied is otherwise authorized, except that such differential sheill be paid to an employee on a flexible schedule under this subchapter— "(A) in the case of an employee subject to subsection (f) of such section 5343, for which all or a majority of the hours of such schedule for any day fall between the hours specifled in such subsection, or "(B) in the case of an employee subject to subsection (e)(2) of such section 4107, for which 4 hours of such schedule fall ^^ use 4107. between the hours specified in such subsection. "Notwithstanding sections 6103 and 6104 of this title, if any 5 USC 6103, employee on a flexible schedule under section 6122 of this title is 6104. relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, such employee is entitled to pay with respect to that day for 8 hours (or, in the case of a parttime employee, an appropriate portion of the employee's biweekly basic work requirement as determined under regulations prescribed by the Office of Personnel Management). "Notwithstanding section 6106 of this title, the Office of Personnel 5 USC 6IO6. Management or any agency may use recording clocks as part of programs under section 6122 of this title.
 * § 6124. Flexible schedules; holidays
 * § 6125. Flexible schedules; time-recording devices

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 96 STAT. 230

PUBLIC LAW 97-221—JULY 23, 1982 "§6126. Flexible schedules; credit hours; accumulation and compensation "(a) Subject to any limitation prescribed by the Office of Personnel Management or the agency, a full-time employee on a flexible schedule can accumulate not more than 24 credit hours, and a parttime employee can accumulate not more than one-fourth of the hours in such employee's biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period. "(b) Any employee who is on a flexible schedule program under section 6122 of this title and who is no longer subject to such a program shall be paid at such employee's then current rate of basic pay for— "(1) in the case of a full-time employee, not more than 24 credit hours accumulated by such employee, or "(2) in the case of a part-time employee, the number of credit hours (not in excess of one-fourth of the hours in such employee's biweekly basic work requirement) accumulated by such employee.

5 USC 6101.

5 USC 5542,

5544, 5550.

"§ 6127. Compressed schedules; agencies authorized to use "(a) Notwithstanding section 6101 of this title, each agency may establish programs which use a 4-day workweek or other compressed schedule. "(b)(1) An employee in a unit with respect to which an organization of Government employees has not been accorded exclusive recognition shall not be required to participate in any program under subsection (a) unless a majority of the employees in such unit who, but for this paragraph, would be included in such program have voted to be so included. "(2) Upon written request to any agency by an employee, the agency, if it determines that participation in a program under subsection (a) would impose a personal hardship on such employee, shall— "(A) except such employee from such program; or "(B) reassign such employee to the first position within the agency— "(i) which becomes vacant after such determination, "(ii) which is not included within such program, "(iii) for which such employee is qualified, and "(iv) which is acceptable to the employee. A determination by an agency under this paragraph shall be made not later than 10 days after the day on which a written request for such determination is received by the agency. "§ 6128. Compressed schedules; computation of premium pay "(a) The provisions of sections 5542(a), 5544(a), and 5550(2) of this title, section 4107(e)(5) of title 38, section 7 of the Fair Labor Standards Act (29 U.S.C. 207), or any other law, which relate to premium pay for overtime work, shall not apply to the hours which constitute a compressed schedule. "(b) In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in subsection (a) of this section. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after

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96 STAT. 231

the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay. "(c) Notwithstanding section 5544(a), 5546(a), or 5550(1) of this title, or any other applicable provision of law, in the case of any full- f VfS:ffn'^' time employee on a compressed schedule who performs work (other 5546, 5550. than overtime work) on a tour of duty for any workday a part of which is performed on a Sunday, such employee is entitled to pay for work performed during the entire tour of duty at the rate of such employee's basic pay, plus premium pay at a rate equal to 25 percent of such basic pay rate. "(d) Notwithstanding section 5546(b) of this title, an employee on a compressed schedule who performs work on a holiday designated by Federal statute or Executive order is entitled to pay at the rate of such employee's basic pay, plus premium pay at a rate equal to such basic pay rate, for such work which is not in excess of the basic work requirement of such employee for such day. For hours worked on such a holiday in excess of the basic work requirement for such day, the employee is entitled to premium pay in accordance with the provisions of section 5542(a) or 5544(a) of this title, as applicable, or 5 jjsc 5542, the provisions of section 7 of the Fair Labor Standards Act (29 U.S.C. 5544. 207) whichever provisions are more beneficial to the employee. "§ 6129. Administration of leave and retirement provisions "For purposes of administering sections 6303(a), 6304, 6307 (a) and (c), 6323, 6326, and 8339(m) of this title, in the case of an employee 5 USC 6303, 6304, who is in any program under this subchapter, references to a day or 6326, 6307, 6323, 8339. workday (or to multiples or parts thereof) contained in such sections shall be considered to be references to 8 hours (or to the respective multiples or parts thereof). "§ 6130. Application of programs in the case of collective bargaining agreements "(a)(1) In the case of employees in a unit represented by an exclusive representative, any flexible or compressed work schedule, and the establishment and termination of any such schedule, shall be subject to the provisions of this subchapter and the terms of a collective bargaining agreement between the agency and the exclusive representative. "(2) Employees within a unit represented by an exclusive representative shall not be included within any program under this subchapter except to the extent expressly provided under a collective bargaining agreement between the agency and the exclusive representative. '(b) An agency may not participate in a flexible or compressed schedule program under a collective bargaining agreement which contains premium pay provisions which are inconsistent with the provisions of section 6123 or 6128 of this title, as applicable. "(a) Notwithstanding the preceding provisions of this subchapter or any collective bargaining agreement and subject to subsection (c) of this section, if the head of an agency finds that a particular flexible or compressed schedule under this subchapter has had or would have an adverse agency impact, the agency shall promptly determine not to— "(1) establish such schedule; or
 * '§ 6131. Criteria and review

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 96 STAT. 232

"Adverse agency impact."

Collective bargaining.

Termination.

PUBLIC LAW 97-221—JULY 23, 1982 "(2) continue such schedule, if the schedule has already been established. "(b) For purposes of this section, 'adverse agency impact' means— "(1) a reduction of the productivity of the agency; "(2) a diminished level of services furnished to the public by the agency; or "(3) an increase in the cost of agency operations (other than a reasonable administrative cost relating to the process of establishing a flexible or compressed schedule). "(c)(1) This subsection shall apply in the case of any schedule covering employees in a unit represented by an exclusive representative. "(2)(A) If an agency and an exclusive representative reach an impasse in collective bargaining with respect to an agency determination under subsection (a)(1) not to establish a flexible or compressed schedule, the impasse shall be presented to the Federal Service Impasses Panel (hereinafter in this section referred to as the 'Panel'). "(B) The Panel shall promptly consider any case presented under subparagraph (A), and shall take final action in favor of the agency's determination if the finding on which it is based is supported by evidence that the schedule is likely to cause an adverse agency impact. "(3)(A) If an agency and an exclusive representative have entered into a collective bargaining agreement providing for use of a flexible or compressed schedule under this subchapter and the head of the agency determines under subsection (a)(2) to terminate a flexible or compressed schedule, the agency may reopen the agreement to seek termination of the schedule involved. "(B) If the agency and exclusive representative reach an impasse in collective bargaining with respect to terminating such schedule, the impasse shall be presented to the Panel. "(C) The Panel shall promptly consider any case presented under subparagraph (B), and shall rule on such impasse not later than 60 days after the date the Panel is presented the impasse. The Panel shall take final action in favor of the agency's determination to terminate a schedule if the finding on which the determination is based is supported by evidence that the schedule has caused an adverse agency impact. "(D) Any such schedule may not be terminated until— "(i) the agreement covering such schedule is renegotiated or expires or terminates pursuant to the terms of that agreement; or "(ii) the date of the Panel's final decision, if an impasse arose in the reopening of the agreement under subparagraph (A) of this paragraph. "(d) This section shall not apply with respect to flexible schedules that may be established without regard to the authority provided under this subchapter. "§ 6132. Prohibition of coercion "(a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with— "(1) such employee's rights under sections 6122 through 6126 of this title to elect a time of arrival or departure, to work or not

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