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 96 STAT. 1440

PUBLIC LAW 97-306—OCT. 14, 1982 ESTIMATES OF FUNDS FOR ADMINISTRATION

38 USC 2006.

SEC. 306. (a) Subsection (a) of section 2006 is amended— (1) by inserting "and chapters 42 and 43 of this title" after "of this chapter" in the first sentence; and (2) by adding at the end the following new sentences: "Funds estimated pursuant to the first sentence of this subsection shall include amounts necessary to fund the disabled veterans' outreach program under section 2003A of this title and shall be approved by the Secretary of Labor only if the level of funding proposed is in compliance with such section. Each budget submission with respect to such funds shall include a separate listing of the proposed number, by State, for disabled veterans outreach program specialists appointed under such section. The Secretary shall carry out this subsection through the Assistant Secretary for Veterans' Employment.". Qi) Subsection (d) of such section is amended by inserting a comma and "upon the recommendation of the Assistant Secretary of Labor for Veterans' Employment," after "Secretary of Labor". ANNUAL REPORT TO CONGRESS

38 USC 2007.

SEC. 307. Section 2007(c) is amended by adding at the end the following new sentence: "The report shall also include a report on activities carried out under section 2003A of this title.". NATIONAL EMPLOYMENT AND TRAINING PROGRAMS FOR VETERANS

SEC. 308. (a) Chapter 41 is amended by adding at the end the following new sections: 38 USC 2009.

38 USC 1500 et
 * ^9-

"§ 2009. National veterans' employment and training programs "(a) The Secretary of Labor shall— "(1) administer through the Assistant Secretary of Labor for Veterans' Employment all national programs under the jurisdiction of the Secretary for the provision of employment and training services designed to meet the needs of disabled veterans and veterans of the Vietnam era; "(2) in order to make maximum use of available resources, encourage all such national programs and all grantees under such programs to enter into cooperative arrangements with private industry and business concerns (including small business concerns), educational institutions, trade associations, and labor unions; "(3) ensure that maximum effectiveness and efficiency are achieved in providing services and assistance to such veterans under all such national programs by coordinating and consulting with the Administrator with respect to programs conducted under other provisions of this title, with particular emphasis on coordination of such national programs with readjustment counseling activities carried out under section 612A of this title, apprenticeship or other on-job training programs carried out under section 1787 of this title, and rehabilitation and training activities carried out under chapter 31 of this title; and "(4) ensure that job placement activities are carried out in coordination and cooperation with appropriate State public employment service officials.

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"(b) Not later than February 1 of each year, the Secretary of Report to Labor shall submit to the Committees on Veterans' Affairs of the comSees House of Representatives and the Senate a report on the operation during the preceding fiscal year of national programs for the provision of emplo5ment and training services designed to meet the needs of veterans described in subsection (a) of this section. Each such report shall include an evaluation of the effectiveness of such programs during such fiscal year in meeting the goals established in such subsection, the efficiency with which services were provided under such programs during such year, and such recommendation for further legislative action relating to veterans' employment as the Secretary considers appropriate. "§ 2010. Secretary of Labor's Committee on Veterans' Employment 38 USC 2010. "(a) There is established within the Department of Labor an Establishment. advisory committee to be known as the 'Secretary's Committee on Veterans' Emplo5rment'. The committee shall meet at least quarterly for the purpose of bringing to the attention of the Secretary problems and issues relating to veterans' employment. "(b) The committee shall be chaired by the Secretary of Labor. Chairman. The Assistant Secretary of Labor for Veterans' Employment shall serve as vice chairman of the committee. The committee shall Membership. include— "(1) representatives of— "(A) the Administrator; "(B) the Secretary of Defense; "(C) the Secretary of Health and Human Services; "(D) the Director of the Office of Personnel Management; "(E) the Chairman of the Equal Employment Opportunity Commission; and "(F) the Administrator of the Small Business Administration; and "(2) a representative of each of the chartered veterans' organizations having a national employment program. "(c) Members of the committee shall serve without compensation Compensation or other reimbursement for their service on the committee.". (b) The table of sections at the beginning of such chapter is amended by adding at the end the following new items: "2009. National veterans' employment and training programs. "2010. Secretary of Labor's Committee on Veterans' Employment.". PERSONS ELIGIBLE FOR CHAPTER 42 EMPLOYMENT AND TRAINING PROGRAMS

SEC. 309. Section 2011 is amended— (1) by inserting "(or who but for the receipt of military retired pay would be entitled to compensation)" in clauses (1) and (3) after "compensation"; and (2) by striking out the period at the end of clause (5) and inserting in lieu thereof "and the United States Postal Service and the Postal Rate Commission, and the term 'department, agency, or instrumentality in the executive branch' includes the United States Postal Service and the Postal Rate Commission.".

38 USC 2011.

Definition.

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PUBLIC LAW 97-306—OCT. 14, 1982 REPORTS ON VETERANS EMPLOYMENT EMPHASIS UNDER FEDERAL CONTRACTS

38 USC 2012.

Regulations. 38 USC 2012 note.

SEC. 310. (a) Section 2012 is amended by adding at the end the following new subsection: "(d)(1) Each contractor to whom subsection (a) of this section applies shall, in accordance with regulations which the Secretary shall prescribe, report at least annually to the Secretary on— "(A) the number of employees in the work force of such contractor, by job category and hiring location, who are veterans of the Vietnam era or special disabled veterans; and "(B) the total number of new employees hired by the contractor during the period covered by the report and the number of such employees who are veterans of the Vietnam era or special disabled veterans. "(2) The Secretary shall ensure that the administration of the reporting requirement under paragraph (1) of this subsection is coordinated with respect to any requirement for the contractor to make any other report to the Secretary.". Ob) Within 90 days after the date of the enactment of this Act, the Secretary of Labor shall prescribe regulations under subsection (d) of section 2012 of title 38, United States Code, as added by the amendment made by subsection (a). R E P E A L O F EXEMPLARY REHABIUTATION CERTIFICATES PROGRAM

SEC. 311. Section 6 of Public Law 90-83, approved September 11, 1967 (29 U.S.C. 601-607), is repealed. TITLE IV—MISCELLANEOUS PROVISIONS REMOVAL OF TIME RESTRICTION FOR FIUNG AN INSURANCE CLAIM; PROHIBITION OF INSURANCE PROCEEDS ESCHEATING TO A STATE 38 USC 770.

Effective date. 38 USC 770 note.

SEC. 401. (a) Section 770 is amended— (1) by striking out the second sentence of subsection (c); and (2) by adding at the end the following new subsection: "(h) Insurance payable under this subchapter may not be paid in any amount to the extent that such amount would escheat to a State. Payment of insurance under this subchapter may not be made to the estate of the insured or the estate of any beneficiary of the insured unless it is affirmatively shown that any amount to be paid will not escheat to a State. Any amount to be paid under this subchapter shall be reduced to the extent necessary to comply with this subsection.". Ob) The amendments made by subsection (a) shall take effect on October 1, 1982. BURIAL FLAGS

38 USC 901.

SEC. 402. (a) Section 901 is amended by adding at the end the following new subsection: "(e) The Administrator shall furnish a flag to drape the casket of each deceased person who is buried in a national cemetery by virtue of eligibility for burial in such cemetery under section 1002(6) of this title. After the burial, the flag shall be given to the next of kin or to such other person as the Administrator considers appropriate.".

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(b) The amendment made by subsection (a) shall apply with Effective date. respect to burials after September 30, 1982. ^^ use 90i note. BURIAL BENEFITS FOR CERTAIN INDIGENT VETERANS WHOSE REMAINS ARE UNCLAIMED

SEC. 403. Section 902(a) is amended by striking out "When a veteran" and all that follows through "the Administrator," and inserting in lieu thereof the following: "In the case of a deceased veteran— "(1) who at the time of death was in receipt of compensation (or but for the receipt of retirement pay would have been entitled to compensation) or was in receipt of pension, or "(2) who was a veteran of any war or was discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty, whose body is held by a State (or a political subdivision of a State), and with respect to whom the Administrator determines— "(A) that there is no next of kin or other person claiming the body of the deceased veteran, and "(B) that there are not available sufficient resources to cover burial and funeral expenses, the Administrator,". (b) The amendment made by subsection (a) shall apply with respect to burial and funeral expenses incurred after September 30, 1982.

38 USC 902.

Effective date. 38 USC 902 note.

CLARIFICATION OF ELIGIBILITY FOR BURIAL BENEFITS FOR CERTAIN VETERANS WHO DIE IN CONTRACT NURSING HOME FACILITIES

SEC. 404. (a) Section 903(a) is amended— (1) by striking out "Where death occurs in a Veterans' Administration facility" and inserting in lieu thereof "When a veteran dies in a Veterans' Administration facility (as defined in section 601(4) of this title)"; and (2) by inserting "or in an institution at which the deceased veteran was receiving nursing home care under section 620 of this title at the expense of the United States at the time of death" after "of this title". (b) The amendments made by subsection (a) shall apply with respect to deaths occurring after September 30, 1982.

38 USC 903.

Effective date. 38 USC 903 note.

SUPERINTENDENTS OF NATIONAL CEMETERIES UNDER THE JURISDICTION OF THE SECRETARY OF THE ARMY

SEC. 405. Notwithstanding section 7(b)(2) of the National Cemeteries Act of 1973 (87 Stat. 88), the provisions of the Act entitled "An Act to provide for selection of superintendents of national cemeteries from meritorious and trustworthy members of the Armed Forces who have been disabled in the line of duty for active field service", approved March 24, 1948, as in effect on the day before the effective date of section 7 of the National Cemeteries Act of 1973, shall not apply with respect to the appointment of the superintendent of a national cemetery under the jurisdiction of the Secretary of the Army.

24 USC 271-276 note.

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 96 STAT. 1444

PUBLIC LAW 97-306—OCT. 14, 1982

GUARANTEED LOANS TO REFINANCE LIENS ON MANUFACTURED HOMES AND TO PURCHASE MANUFACTURED-HOME LOTS; CHANGE IN NOMENCLATURE

38 USC 1819.

Infra.

38 USC 1803.

Supra.

SEC. 406. (a) Section 1819(a) is amended— (1) in paragraph (1), by adding at the end the following new clause: "(G) To refinance in accordance with paragraph (5) of this subsection an existing loan that was made for the purchase of, and that is secured by, a manufactured home and to purchase a lot on which such manufactured home is or will be placed."; (2) in paragraph (2), by inserting "(other than the refinancing under clause (F) of such paragraph of an existing loan)" after "subsection"; (3) in paragraph (3), by striking out "(C) or (E)" and inserting in lieu thereof "(C), (E), or (G)"; and (4) by adding at the end the following new paragraph: "(5)(A) For a loan to be guaranteed for the purpose specified in paragraph (1)(G) of this subsection— "(i) the loan must be secured by the same manufactured home as was the loan being refinanced and such manufactured home must be owned and occupied by the veteran as such veteran's home; and "(ii) the amount of the loan may not exceed an amount equal to the sum of— "(I) the purchase price of the lot, "(II) the amount (if any) determined by the Administrator to be appropriate under paragraph (2) of this subsection to cover the cost of necessary preparation of such lot, "(III) the balance of the loan being refinanced, and "(IV) such closing costs (including any discount permitted pursuant to section 1803(c)(3)(E) of this title) as may be authorized by the Administrator, under regulations which the Administrator shall prescribe, to be included in such loan. "(B) When a loan is made to a veteran for the purpose specified in paragraph (1)(G) of this subsection, and the loan being refinanced was guaranteed, insured, or made under this section, the portion of the loan made for the purpose of refinancing such loan may be guaranteed by the Veterans' Administration under this chapter without regard to the amount of outstanding guaranty entitlement available for use by such veteran, and the amount of such veteran's guaranty entitlement shall not be charged as a result of any guaranty provided for such portion of such loan. For the purposes of section 18020b) of this title, such portion of such loan shall be deemed to have been obtained with the guaranty entitlement used to obtain the loan being refinanced.". (b) Section 1803(c)(3) is amended— (1) by striking out "used:" in the matter preceding clause (1) and inserting in lieu thereof "used—"; (2) by striking out "or" at the end of clause (C); (3) by striking out the period at the end of clause (D) and inserting in lieu thereof a semicolon and "or"; and (4) by adding at the end the following new clause: "(E) to refinance indebtedness and purchase a manufacturedhome lot pursuant to section 1819(a)(l)(G) of this title, but only

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with respect to that portion of the loan used to refinance such indebtedness.". (c)(1) Section 1811 is amended by striking out "mobile home" in 38 USC 1811. subsections (c)(1) and (d)(1) and inserting in lieu thereof "manufactured home". 38 USC 1819. (2) Section 1819 is further amended— (A) by striking out "mobile" each place it appears and inserting in lieu thereof "manufactured"; (B) by striking out "mobile-home" both places it appears in subsection (a)(4)(A)(ii) and inserting in lieu thereof "manufactured-home"; and (C) by amending the section heading to read as follows: (3) The item relating to such section in the table of sections at the beginning of chapter 37 is amended to read as follows: "1819. Loans to purchase manufactured homes and lots.". PERIOD FOR REQUEST OF WAIVER OF OVERPAYMENT
 * '§ 1819. Loans to purchase manufactured homes and lots".

SEC. 407. (a) Section 3102(a) is amended— (1) by striking out "two years" and inserting in lieu thereof "180 days"; and (2) by inserting a comma and "or within such longer period as the Administrator determines is reasonable in a case in which the payee demonstrates to the satisfaction of the Administrator that such notification was not actually received by such payee within a reasonable period after such date" after "payee". 0)) The amendments made by subsection (a) shall apply only with respect to notifications of indebtedness that are made by the Administrator of Veterans* Affairs after March 31, 1983.

38 USC 3102.

Effective date. 38 USC 3102 note.

MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT 95 Stat. 1035. SEC. 408. (a) Section 3103A is amended— (1) by striking out "on or after the date of the enactment of 38 USC 3103A. the Veterans' Disability Compensation, Housing, and Memorial Benefits Amendments of 1981" in subsection (b)(2)(B) and inserting in lieu thereof "after October 16, 1981,"; (2) by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following new subsection (d): "(d)(l) Notwithstanding any other provision of law and except as provided in paragraph (3) of this subsection, a person described in paragraph (2) of this subsection who is discharged or released from a period of active duty before completing the shorter of— "(A) 24 months of continuous active duty, or "(B) the full period for which such person was called or ordered to active duty, is not eligible by reason of such period of active duty for any benefit under Federal law (other than this title or any other law administered by the Veterans' Administration), and no dependent or survivor of such person shall be eligible for any such benefit by reason of such period of active duty of such person. "(2) Paragraph (1) of this subsection applies— "(A) to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and

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 96 STAT. 1446

10 USC 1171.

42 USC 1305.

5 USC 2108.

38 USC 3103A note.

Repeal. 38 USC 3103A note.

PUBLIC LAW 97-306—OCT. 14, 1982

"(B) to any other person who enters on active duty on or after the date of the enactment of this subsection and has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10. "(3) Paragraph (1) of this subsection does not apply— "(A) to any person described in clause (A), (B), or (C) of subsection (b)(3) of this section; or "(B) with respect to a benefit under (i) the Social Security Act other than additional wages deemed to have been paid, under section 229(a) of the Social Security Act (42 U.S.C. 429(a)), for any calendar quarter beginning on or after the date of the enactment of this subsection, or (ii) title 5 other than a benefit based on meeting the definition of preference eligible in section 2108(3) of such title."; and (3) by adding at the end the following new subsection: "(f) Nothing in this section shall be construed to deprive any person of any procedural rights, including any rights to assistance in applying for or claiming a benefit.". (b)(1) Subsection (d) of section 3103A of title 38, United States Code, as added by subsection (a)(2), shall not apply with respect to the receipt by any person of any benefit provided by or pursuant to law before the date of the enactment of this Act. (2) For the purposes of paragraph (1) of this subsection, additional wages deemed to have been paid under section 229(a) of the Social Security Act (42 U.S.C. 429(a)) shall be considered to be a benefit that was received by a person on the date that such person was discharged or released from active duty (as defined in section 101(21) of title 38, United States Code). (c)(1) Section 977 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 49 of such title is amended by striking out the item relating to section 977. (d) Section 3103A of title 38, United States Code, as amended by subsection (a), is the law with respect to the matters stated in such section and applies, in accordance with its terms, with respect to benefits under Federal law, regardless of the particular title of the United States Code or other law under which any such benefit is provided or the department, agency, or instrumentality which administers any such benefit. LIMITATIONS ON CONTRACTING OUT ACTIVITIES AT VETERANS ADMINISTRATION HEALTH-CARE FACILITIES

38 USC 5010 note.

38 USC 5010.

SEC. 409. (a) It is the policy of the United States that the Veterans' Administration— (1) shall maintain a comprehensive, nationwide health-care system for the direct provision of quality health-care services to eligible veterans; and (2) shall operate such system through cost-effective means that are consistent with carrying out fully the functions of the Department of Medicine and Surgery of the Veterans' Administration under title 38, United States Code. (b) Section 5010 is amended by adding at the end the following new subsection: "(c)(1) Notwithstanding any other provision of law but except as provided in paragraph (3) of this subsection—

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"(A) a contract may not be entered into as a result of which Limitation. an activity at a health-care facility over which the Administrator has direct jurisdiction (hereinafter in this subsection referred to as a 'Veterans' Administration health-care facility') would be converted from an activity performed by Federal employees to an activity performed by employees of a contractor of the Government unless the Chief Medical Director has determined that such activity is not a direct patient care activity or an activity incident to direct patient care; and "(B) in the case of an activity determined by the Chief Medical Director under clause (A) of this paragraph to be neither such activity, the Administrator, after considering the advice of the Chief Medical Director and the results of a study described in paragraph (4) of this subsection, may, in the exercise of the Administrator's sole discretion but subject to paragraph (2) of this subsection, enter into a contract as a result of which the activity would be converted from an activity performed by Federal employees to an activity performed by employees of a contractor of the Government. "(2) The Administrator may enter into a contract under the circumstances described in paragraph (1)(B) of this subsection only if the Administrator determines— "(A) based on the study described in paragraph (4) of this subsection with respect to the activity involved, that the cost to the Government of the performance of such activity under such a contract over the first five years of such performance (including the cost to the Government of conducting the study) would be lower by 15 percent or more than the cost of performance of such activity by Federal employees; and "(B) that the quantity or quality of health-care services provided to eligible veterans by the Veterans' Administration at the facility at which the activity is carried out would be maintained or enhanced as a result of such a contract. "(3) The provisions of paragraph (1) of this subsection do not apply— (A) to a contract or agreement under chapter 17 or section 38 USC 601 5011, 5011A, or 5053 of this title or under section 1535 of title 31; ^^«/?,„,, __.

oo UbC 5011,

"(B) to a contract under section 213 or 4117 of this title if the 31 us^ 1535. ' Chief Medical Director determines that such contract is necessary in order to provide services to eligible veterans at a Veterans' Administration health-care facility that could not otherwise be provided at such facility. "(4) A study referred to in paragraph (1)(B) of this subsection is a Study. study that— "(A) compares the cost of performing an activity at a Veterans' Administration health-care facility through Federal employees with the cost of performing such activity through a contractor of the Government;

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 96 STAT. 1448

Notice, concessional committees. ^voT^-

PUBLIC LAW 97-306—OCT. 14, 1982

''(B) is based on an estimate of the most efficient and costeffective organization for the effective performance of the activity by Federal employees; "(C) with respect to the costs of performance of such activity through Federal employees, is based (to the maximum extent feasible) on actual cost factors of the Veterans' Administration for pay and retirement and other fringe benefits for the Federal employees who perform the activity; and "(D) takes into account (i) the costs to the Government (including severance pay) that would result from the separation of employees whose Federal employment may be terminated as a result of the Administrator entering into a contract described in paragraph (1)(B) of this subsection, and (ii) all costs to the Government associated with the contracting process. "(5) Prior to conducting a study described in paragraph (4) of this subsection, the Administrator shall (in a timely manner) submit to the appropriate committees of the Congress written notice of a decision to study the activity involved for possible performance by a contractor. "(6) If, after completion of a study described in paragraph (4) of this subsection, a decision is made to convert performance of the activity involved to contractor performance, the Administrator shall promptly submit to the appropriate committees of the Congress written notice of such decision and a report with respect to such conversion. Each such report shall include— "(A) a summary of the study described in paragraph (4) of this subsection with respect to such contract; "(B) a certification that the study itself is available to such committees and that the results of the study meet the requirements of paragraph (2)(A) of this subsection; "(C) a certification that the requirements of paragraph (2)(B) of this subsection would be met with respect to such contract and a summary of the information that supports such certification; "(D) if more than 25 jobs are affected, information showing the potential economic impact on the Federal employees affected and the potential economic impact on the local community and the Government of contracting for performance of such activity; and "(E) information showing the amount of the bid accepted for a contract for the performance of the activity and the cost of performance of such activity by Federal employees, together with the total estimated costs which the Government will incur because of the contract.

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96 STAT. 1449

"(7) Not later than February 1, 1984, and February 1 of each of the Report to five succeeding years, the Administrator shall submit a written ^o'^s^'e^sreport to Congress describing the extent to which activities at Veterans' Administration health-care facilities were performed by contractors during the preceding fiscal year and the actual cost savings resulting from such contracts.". Approved October 14, 1982.

LEGISLATIVE HISTORY—H.R. 6782 (S. 2913): HOUSE REPORT No. 97-660 (Comm. on Veterans' Affairs). SENATE REPORT No. 97-550 accompanying S. 2913 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): July 27, considered and passed House. Sept. 24, considered and passed Senate, amended. Sept. 28, House concurred in Senate amendments with amendments. Sept. 29, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 41 (1982): Oct. 14, Presidential statement.

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 96 STAT. 1450

PUBLIC LAW 97-307—OCT. 14, 1982

P u b l i c Law 97-307 97th Congress An Act Oct. 14, 1982 [S. 2874] Migratory bird hunting and conservation stamp contest. Entrance fees, credit. 16 USC 718j.

To amend the Act of March 16, 1934, as amended, to credit entrance fees for the migratory-bird hunting and conservation stamp contest to the account which pays for the administration of the contest.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of March 16, 1934, as amended (16 U.S.C. 718 et seq.), is amended by adding at the end thereof the following section: "SEC. 10. Notwithstanding any other provision of law, moneys received by the United States Fish and Wildlife Service in the form of fees for entering the migratory-bird hunting and conservation stamp contest shall be credited first to the appropriation account from which expenditures for the administration of such contest are made, and second, to the extent such moneys exceed the expenditures for administration of the contest, to the migratory-bird conservation fund.". Approved October 14, 1982.

LEGISLATIVE HISTORY—S. 2874: CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 20, considered and passed Senate. Sept. 30, considered and passed House.

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96 STAT. 1451

Public Law 97-308 97th Congress An Act To amend chapter 84, section 1752 of title 18, United States Code, to authorize the Secretary of the Treasury to establish zones of protection for certain persons protected by the United States Secret Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1752 of title 18, United States Code, is amended as follows: (a) by amending the title of such section to read as follows: "Temporary residences and offices of the President and others"; (b) by amending subsection (a)(l)(i) to read as follows: "(i) any building or grounds designated by the Secretary of the Treasury as temporary residences of the President or other person protected by the Secret Service or as temporary offices of the President and his staff or of any other person protected by the Secret Service, or"; (c) by inserting the words "or other person protected by the Secret Service" after the word "President" in subsection (a)(l)(ii); (d) by amending subsection (d)(1) to read as follows: "(1) to designate by regulations the buildings and grounds which constitute the temporary residences of the President or other person protected by the Secret Service and the temporary offices of the President and his staff or of any other person protected by the Secret Service, and"; (e) by inserting the words "or other person protected by the Secret Service" after the word "President" in subsection (d)(2); and (f) by adding at the end thereof the following new subsection: "(f) As used in this section the term 'other person protected by the Secret Service' means any person authorized by section 3056 of this title or by Public Law 90-331, as amended, to receive the protection of the United States Secret Service when such person has not

Oct. 14, 1982 [H.R. 4468] Certain persons protected by U.S. Secret Service. Protection zones, establishment.

18 USC 3056 note.

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PUBLIC LAW 97-308—OCT. 14, 1982

declined such protection pursuant to section 3056 of this title or pursuant to Public Law 90-331, as amended.". SEC. 2. Subsection (b) of section 3056 of title 18, United States Code, is amended by striking "$300" and inserting in lieu thereof "$1,000". Approved October 14, 1982.

LEGISLATIVE HISTORY—H.R. 4468: HOUSE REPORT No. 97-451 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 16, 18, considered and passed House. Oct. 1, considered and passed Senate.

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96 STAT. 1453

Public Law 97-309 97th Congress An Act To extend the aviation insurance program for five years.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sentence of section 303(b)(1) of the Independent Safety Board Act of 1974 (49 U.S.C. 1902(b)(1)) is amended to read as follows: "At any given time, no less than three members of the Board shall be individuals who have been appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in the fields of accident reconstruction, safety engineering, human factors, transportation safety, or transportation regulation.". The amendment made by the preceding sentence shall not preclude the reappointment of any individual serving as a member of the Board on the date of enactment of this Act. SEC. 2. Section 306 of the Independent Safety Board Act of 1974 (49 U.S.C. 1905) is amended in subsection (a) by striking out "pursuant to subsection (b)" and inserting in lieu thereof "pursuant to subsection (b) or (c)" and by adding at the end thereof the following new subsection: "(c) COCKPIT VOICE RECORDER.—Notwithstanding any other provision of law, the Board shall withhold from public disclosure cockpit voice recorder recordings and transcriptions, in whole or in part, of oral communications by and between flight crew members and ground stations, that are associated with accidents or incidents investigated by the Board: Provided, That portions of a transcription of such oral communications which the Board deems relevant and pertinent to the accident or incident shall be made available to the public by the Board at the time of the Board's public hearing, and in no event later than 60 days following the accident or incidents: And provided further, That nothing in this section shall restrict the Board at any time from referring to cockpit voice recorder information in making safety recommendations.". SEC. 3. Section 1312 of the Federal Aviation Act of 1958 (49 U.S.C. 1542) is amended by striking out "1982" and inserting in lieu thereof "1987".

Oct. 14, 1982 [H.R. 5930] Aviation insurance program, extension. National Transportation Safety Board membership. 49 USC 1902 note.

Information, availability to public.

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PUBLIC LAW 97-309—OCT. 14, 1982

SEC. 4. (a) Section 1601(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1551(a)) is amended by striking out paragraph (3) and by redesignating paragraph (4), and all cross references thereto, as paragraph (3). (b) Section 1601(b)(1)(C) of the Federal Aviation Act of 1958 (49 U.S.C. 1551(b)(1)(C)) is amended by striking out "(relating to foreign air transportation)". Approved October 14, 1982.

LEGISLATIVE HISTORY—H.R. 5930: HOUSE REPORTS: No. 97-519 (Comm. on Public Works and Transportation), Nos. 97-722 and 97-864 (Comms. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): June 2, considered and passed House. June 21, 22, considered and passed Senate, amended. Aug. 12, Sept. 30, Conference report considered and passed Senate. Sept. 30, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 41 (1982): Oct. 14, Presidential statement.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/93

 PUBLIC LAW 97-310—OCT. 14, 1982

96 STAT. 1455

Public Law 97-310 97th Congress An Act To provide financial assistance to the Wolf Trap Foundation for the Performing Arts for reconstruction of the Filene Center in Wolf Trap Farm Park, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Act entitled "An Act to provide for the establishment of the Wolf Trap Farm Park in Fairfax County, Virginia, and for other purposes", approved October 15, 1966 (16 U.S.C. 284-284b), is amended by adding at the end the following new sections: "SEC. 4. (a) The Secretary is authorized to make available to the Foundation, in the form of a grant, $9,000,000 to be used for the reconstruction of the Center, subject to the provisions of this section. Such grant shall be made available in increments as needed for such purpose and only if the Foundation has agreed under terms and conditions satisfactory to the Secretary to provide, from non-Federal sources, sufficient contributions on a timely basis to complete the reconstruction of the Center. "(b) The Secretary may make loans to the Foundation to the extent needed to complete the reconstruction of the Center and to provide for noise mitigation mesisures, including those on adjacent public property, in an amount equal to twice the amount of nonFederal contributions received, and provided, by the Foundation for such reconstruction work. The total amount of such loans may not exceed $8,000,000, Loans made under this subsection shall be repaid in full, with interest on any unpaid obligation at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketing obligations of the United States with remaining periods to maturity comparable to the maturity of the loan, plus such additional charge, if any, as the Secretary may determine, for the purpose of covering other costs of servicing the loan. In determining the terms and conditions governing any loan, the Secretary shall fix a term of not more than five years from the date the loan agreement is executed. "(c) No grants or loans may be made under this section unless the Secretary has entered into a written agreement with the Foundation under which the Foundation agrees— "(1) to expend all funds for the reconstruction of the Center (and for construction or reconstruction of any related structures or fixtures) only in accordance with circulars published by the Office of Management and Budget applicable to Federal grants to nonprofit organizations, and in accordance with the provisions of the Davis-Bacon Act (40 U.S.C. 276a-a7); "(2) to comply with such other terms and conditions as the Secretary deems appropriate; and "(3) to maintain, during the term of the cooperative agreement described in section (5), and at the Foundation's expense, insurance on the Center respecting such risks, in such amounts, and containing such terms and conditions, as are satisfactory to

Oct. 14, 1982 [H.R. 7293]

Wolf Trap Farm Park Act.

Grant. 16 USC 284c.

Loans.

Terms and conditions. Written agreement.

40 USC 276a276a-5.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/94

 96 STAT. 1456

Easement.

Toll road, truck traffic ban.

Cooperative agreement. 16 USC 284d.

26 USC 501. Information disclosure.

Report to congressional committees.

PUBLIC LAW 97-310—OCT. 14, 1982

the Secretary. Any repairs or reconstruction carried out with Funds obtained from the receipt of the proceeds of any such insurance shall be subject to the approval of the Secretary. "(d) The Secretary shall be responsible for overseeing the reconstruction and shall have final approval over the plans for, and location and design of, the Center, and the Foundation shall be responsible for managing the construction activities, including the selection (in accordance with the requirements referred to in paragraphs (1) and (2) of subsection (c)) of persons to perform architectural, engineering, construction, and related services. "(e) No grants or loans may be made under this section unless the Secretary has received what the Secretary deems to be adequate written assurance from the Administrator of the Federal Aviation Administration that any easement granted to the Commonwealth of Virginia by the Administrator for construction of the Dulles Toll Road will contain noise standards ("A" weighted energy average sound level of 52 to 54 dB) and other standards set forth in the Final Environmental Impact Statement for the Dulles Airport Access Road Outer Parallel Toll Roads, prepared by the Federal Aviation Administration and issued in May of 1982, legally enforceable by the Administrator and by the Secretary which are adequate to protect the Center from undue noise pollution and other environmental degradation attributable to such toll road both during and after its construction, and will £dso contain legally enforceable assurances that the Commonwealth of Virginia will promptly take measures to achieve the noise levels specified in the easement. Such measures may include a partial or total ban on truck traffic on the toll road or other mitigation recommended by the Secretary and the Administrator. "(f) The Secretary may also provide support services, as requested by the Foundation, on a reimbursable basis, for purposes of reconstruction of the Center. "SEC. 5. (a) The Secretary is authorized and directed to enter into a cooperative agreement with the Foundation respecting the presentation of performing arts and related educational and cultural programs at the Center, and in such other areas of the park as may be agreed to. The Secretary may provide technical and financial assistance under such a cooperative agreement for such purposes, pursuant to such terms and conditions as he deems appropriate. "(b) As a condition of entering into a cooperative agreement under this section, the Secretary shall require that— "(1) the Foundation maintain the insurance described in section 4(c)(3) of this Act; and "(2) the Foundation maintain its status as an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 and exempt from taxation under section 501(a) of such Code. "(c) A cooperative agreement under this section shall provide that— "(1) the Secretary and the Comptroller General of the United States or their duly authorized representatives shall have access to any pertinent books, documents, papers, and records of the Foundation to make audits, examinations, excerpts, and transcripts; "(2) the Foundation shall prepare an annual report to the Secretary, which shall also be submitted to the appropriate committees of the United States House of Representatives and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/95

 PUBLIC LAW 97-310—OCT. 14, 1982

96 STAT. 1457

the United States Senate, summarizing the activities of the previous year (together with a comparison of goals and objectives with actual accomplishments) and presenting a plan for the forthcoming year; and "(3) such cooperative agreement may be terminated at the convenience of the United States if the Secretary determines that such termination is required in the public interest. The cooperative agreement shall contain such other terms and conditions as the Secretary deems appropriate. Until such cooperative agreement is entered into, nothing in this section shall be construed to affect or impair the validity of the agreement between the National Park Service and the Foundation dated September 16, 1980. Such agreement shall remain in force and effect until terminated under the terms and conditions of such agreement or until an agreement is entered into under this section. Nothing in this section shall be construed to affect the authority of the Secretary under any other provision of law to enter into a contract or an agreement, not conflicting with the cooperative agreement described in this section, with any other organization or entity with respect to the administration of the park. "SEC. 6. All right, title, and interest in the Center shall be vested in the United States. Nothing in this Act shall be construed to provide that the Foundation shall be considered to be a Federal agency or instrumentality for purposes of applying any law or regulation of the United States or of any State. "SEC. 7. Following disbursement of any grant under this Act for the reconstruction of the Center, the Secretary shall submit quarterly reports to the appropriate committees of the United States House of Representatives and the United States Senate setting forth the progress of the reconstruction, any present or anticipated problems of any type, the financial projections for remaining work, and the progress made by the Foundation in raising funds for purposes of the reconstruction. The report shall set forth quarterly goals respecting the reconstruction of the Center and shall compare the performance during the prior quarter to the goals set forth for that quarter. "SEC. 8. (a) The Secretary shall cooperate with, and seek cooperation from, other Federal, State, and local agencies (including the Federal Aviation Administration) to protect the park from undue noise intrusions, air pollution, and visual degradation. "0)) The Secretary shall monitor noise pollution which is associated with the Dulles road corridor (including the airport access and toll roads) and shall notify the Federal Aviation Administration, the Commonwealth of Virginia, and the appropriate committees of Congress if, after conferring with the Administrator of the Federal Aviation Administration, the Secretary finds that such noise pollution is exceeding the standards set forth in section 4(e). Within sixty days after any such notification, the Administrator of the Federal Aviation Administration shall take steps to reduce noise pollution so as to conform to such standards. The Secretary or the Foundation may bring an action in the United States District Court for the District of Columbia to enjoin any violation by the Commonwealth of Virginia of the easement referred to in section 4(e). "SEC. 9. A general management plan for the park shall be prepared and periodically revised in a timely manner in accordemce with the provisions of section 120t)) of the Act of August 18, 1970 (84 Stat. 825; 16 U.S.C. l a through la-7). Such plan shall be submitted

Termination.

Terms and conditions.

16 USC 284e.

Reports to congressional, committees. 16 USC 284f.

16 USC 284g.

Noise pollution, monitoring.

Plan. 16 USC 284h. Submittal to congressional committees.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/96

 96 STAT. 1458

Appropriation authorization. 16 USC 284i.

Definitions. 16 USC 284j.

Short title. 16 USC 284 note.

PUBLIC LAW 97-310—OCT. 14, 1982

to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate no later than January 1, 1984, and such revisions shall be submitted to such committees of the Congress in a timely manner. "SEC. 10. There is authorized to be appropriated not more than $17,000,000 to carry out sections 4 and 5 of this Act. No authority under this Act to enter into contracts or to make payments shall be effective except to the extent and in such amounts as provided in advance in appropriations Acts. "SEC. 11. As used in this Act, the term— "(1) 'Secretary' means the Secretary of the Interior. "(2) 'Park' means the Wolf Trap Farm Park established under this Act, including the Center. "(3) 'Center' means the Filene Center in the Park. Such term includes all real property and fixtures which are within or directly related to the Filene Center. "(4) 'Foundation' means the Wolf Trap Foundation for the Performing Arts organized pursuant to the District of Columbia Nonprofit Organization Act. "SEC. 12. This Act may be referred to as the 'Wolf Trap Farm Park Act'.". Approved October 14, 1982.

LEGISLATIVE HISTORY—H.R. 7293: CONGRESSIONAL RECORD, Vol. 128 (1982): Oct. 1, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/97

 PUBLIC LAW 97-311—OCT. 14, 1982

96 STAT. 1459

Public Law 97-311 97th Congress An Act To direct the Secretary of Agriculture to release on behalf of the United States a reversionary interest in certain land previously conveyed to the State of Connecticut.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. (a)(1) Subject to subsection (b), the Secretary of Agriculture shall release on behalf of the United States, with respect to the land— (A) described in section 2 of this Act, and (B) conveyed, along with certain other parcels of land situated within the town of Sterling, county of Windham, State of Connecticut, to the State of Connecticut by a quitclaim deed dated November 18, 1954, the condition in such deed which requires that such lands be used for public purposes, and if not so used, that the lands revert to and revest in the United States: Provided, That such release shall in no way affect the interests of the United States in coal, oil, gas, and other minerals (not outstanding or reserved in third parties) reserved by the United States in the described lands: Provided further, That such release shall be applicable so long as the described lands are used exclusively for cemetery purposes. (2) Section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) shall not apply to the release authorized in paragraph (1) of this subsection. (b) The Secretary of Agriculture shall not execute the release authorized in subsection (a)(1) until the State of Connecticut, in consideration of such release, enters into an agreement satisfactory to the Secretary of Agriculture which provides that the State will not sell, lease, exchange, or otherwise dispose of the lands to which the release applies— (1) except to the Ekonk Cemetery, Incorporated, of Sterling, Connecticut, exclusively for the expansion of its existing cemetery; and (2) unless the proceeds from such disposal are— (A) deposited and held in an account open to inspection by the Secretary of Agriculture, and (B) used, if withdrawn from such account, exclusively for public purposes. SEC. 2. The land referred to in section 1(a)(1) is the certain parcel of land formerly vested in the United States (a portion of the land designated as the J. E. Tanner tract 6b) and situated in the town of Sterling, county of Windham, State of Connecticut, containing 0.93 acres of land, more or less, bounded and described as follows: Beginning at a stonewall corner located in the southerly line of the Cedar Swamp Road, so-called, being the northeast corner of the herein described premises and the northwest corner of the existing Ekonk Cemetery, Incorporated; thence south 14 degrees, 49 minutes east, 152.1 feet, more or less, along a

97-200 O—84—pt. 2

4: QL3

Q^.^. ^^^ jgg2 ^ '[HR. 6422] Connecticut, release of U.S. interest in certain land.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/98

 96 STAT. 1460

PUBLIC LAW 97-311—OCT. 14, 1982 stonewall to a wall corner; thence north 64 degrees, 50 minutes east, 145.7 feet, more or less, along a stonewall to a wall corner, the last two courses bounding easterly and northerly on the aforesaid Ekonk Cemetery, Incorporated; thence south 14 degrees, 53 minutes east, 50 feet, more or less, to an iron pin; thence south 64 degrees, 50 minutes west, 308 feet, more or less, to an iron pin; thence north 14 degrees, 49 minutes west, 204 feet, more or less, to an iron pin set in the southerly line of the aforesaid Cedar Swamp Road, the last three courses bounding easterly, southerly, and westerly on remaining land of the State of Connecticut; thence north 66 degrees, 26 minutes east, 162.9 feet, more or less, to a wall corner the place of beginning, bounding northerly on the said Cedar Swamp Road. Approved October 14, 1982.

LEGISLATIVE HISTORY—H.R. 6422: HOUSE REPORT No. 97-773 (Comm. on Agriculture). SENATE REPORT No. 97-571 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 13, considered and passed House. Sept. 29, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/99

 PUBLIC LAW 97-312—OCT. 14, 1982 Public Law 97-312 97th Congress

96 STAT. 1461

An Act

To authorize certain employees of the United States Department of Agriculture charged with the enforcement of animal quarantine laws to carry firearms for selfrotection and to improve the quality of table grapes for marketing in the United tates.

S

Oct. 14, 1982 [H.R. 2035]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That any employee Certain of the United States Department of Agriculture designated by the Agriculture Department Secretary of Agriculture and the Attorney General of the United employees, States may carry a firearm and use a firearm when necessary for firearm authorization. self-protection, in accordance with rules and regulations issued by 7 USC 2274. the Secretary of Agriculture and the Attorney General of the United States, while such employee is engaged in the performance of the employee's official duties to (1) carry out any law or regulation related to the control, eradication, or prevention of the introduction or dissemination of communicable disease of livestock or poultry into the United States or (2) perform any duty related to such disease control, eradication, or prevention, subject to the direction of the Secretary. SEC. 2. The first sentence of section 8e of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 608e-l), is amended by inserting "table grapes," after "filberts,". Approved October 14, 1982.

LEGISLATIVE HISTORY—H.R. 2035: HOUSE REPORT No. 97-515 (Comm. on Agriculture). SENATE REPORT No. 97-569 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 128 (1982): May 18, considered and passed House. Sept. 29, considered and passed Senate, amended. Sept. 30, House concurred in Senate amendments.

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 96 STAT. 1462

PUBLIC LAW 97-313—OCT. 14, 1982

Public Law 97-313 97th Congress An Act Oct. 14, 1982 [H.R. 5658]

Education Consolidation Improvement Act of 1981, ^^^frti^' 20 USC 3842

To authorize the use of education block grant funds to teach the principles of citizenship.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 582(1) ^f ^j^^ Education ConsoUdation and Improvement Act of 1981 is amended (1) by striking out "and" at the end of clause (H); ^^^ ^y inserting "and" at the end of clause (I); and ^^^ ^^ inserting after clause (I) the following new clause: "(J) programs to teach the principles of citizenship;". Approved October 14, 1982.

LEGISLATIVE HISTORY—H.R. 5658: HOUSE REPORT No. 97-798 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 14, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-314—OCT. 14, 1982

96 STAT. 1463

Public Law 97-314 97th Congress An Act To designate the building known as the Federal Building and United States Courthouse in Greenville, South Carolina, as the "Clement F. Haynsworth, Jr., Federal Building", the building known as the Quincy Post Office in Quincy, Massachusetts, as the 'vames A. Burke Post Office", and the United States Post Office Building in Portsmouth, Ohio, as the "William H. Harsha United States Post Office Building".

Oct. 14, 1982 [H.R. 5941]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building Federal buildings, at 300 East Washington Street, in Greenville, South Carolina, designations. known as the Federal Building and United States Courthouse, Clement F. hereafter shall be known and designated as the "Clement F. Hayns- Haynsworth, Jr. Federal worth, Jr., Federal Building". SEC. 2. Any reference in any law, regulation, document, record, Building. map, or other paper of the United States tx) the building referred to in the first section of this Act hereby is deemed to be a reference to the "Clement F. Haynsworth, Jr., Federal Building". SEC. 3. The building located at 47 Washington Street, Quincy, James A. Burke Massachusetts, known as the Quincy Post Office, shall hereafter be Post Office. known and designated as the "James A. Burke Post Office". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "James A. Burke Post Office". SEC. 4. The United States Post Office Building located at the William H. intersection of Sixth and Gay Streets, Portsmouth, Ohio, shall here- Harsha States United after be named and designated as the "William H. Harsha United Post Office States Post Office Building". Any reference in a law, map, regula- Building. tion, document, record, or other paper of the United States to such building shall be held to be a reference to the "William H. Harsha United States Post Office Building". Approved October 14, 1982.

LEGISLATIVE HISTORY—H.R. 5941: HOUSE REPORT No. 97-866 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/102

 96 STAT. 1464

PUBLIC LAW 97-315—OCT. 14, 1982

Public Law 97-315 97th Congress Joint Resolution Oct. 14, 1982 [H.J. Res. 588]

Head Start Monir^^^

-TQ provide for the designation of the month of October 1982, as "Head Start Awareness Month".

Whereas more than eight thousand Head Start centers located in every State and territory of the United States are currently serving preschool disadvantaged children and their families by providing health, educational, nutritional, and social services; Whereas eight million two hundred and sixty-nine thousand and four hundred children and their families have been served in Head Start since the program began in 1965; Whereas Head Start has led the Nation in mainstreaming and providing early intervention services to handicapped children; Whereas Head Start has demonstrated outstanding leadership in the development of volunteerism; Whereas Head Start has taken the initiative in developing successful parent involvement; Whereas Head Start has been a frontrunner in collaborative efforts with other federally, State, and locally funded programs in the delivery of services; and Whereas the United States Congress recognizes Head Start as the foremost early childhood program in the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the month of October 1982 is designated as "Head Start Awareness Month" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that month with appropriate activities and ceremonies. Approved October 14, 1982.

LEGISLATIVE HISTORY—H.J. Res. 588: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-316—OCT. 14, 1982

96 STAT. 1465

Public Law 97-316 97th Congress Joint Resolution To designate the week beginning November 28 through December 4, 1982, as "National Home Health Care Week".

Oct. 14, 1982 [S.J. Res. 113]

Whereas organized home health care services to the elderly and disabled have existed in this country since the last quarter of the eighteenth century; Whereas home health care is recognized as an effective and economical alternative to unnecessary institutionalization; Whereas caring for the ill and disabled in their homes places emphasis on the dignity and independence of the individual receiving these services; Whereas since the enactment of the medicare program including skilled nursing services, physical therapy, speech therapy, social services, occupational therapy, and home health aide services, the number of home health agencies providing these services has increased from less than five hundred to more than three thousand; and Whereas many private and charitable organizations provide these and similar services to millions of patients each year preventing, postponing, and limiting the need for institutionalization: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week beginning National Home November 28 through December 4, 1982, hereby is designated "Na- ^f^^i,^h Care tional Home Health Care Week", and the President of the United Week. States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 14, 1982.

LEGISLATIVE HISTORY—S.J. Res. 113: CONGRESSIONAL RECORD: Vol. 127 (1981): Oct. 30, considered and passed Senate. Vol. 128 (1982): Sept. 21, considered and passed House, amended. Oct. 1, Senate concurred in House amendments.

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 96 STAT. 1466

PUBLIC LAW 97-317—OCT. 14, 1982

P u b l i c Law 97-317 97th Congress Joint Resolution Oct. 14, 1982 [S.J. Res. 197]

ffQ provide for the designation of the week of October 17 through October 23, 1982, as "Myasthenia Gravis Awareness Week".

Whereas the incidence and prevalence of myasthenia gravis present a significant health problem in the United States; Whereas myasthenia gravis is a severe neuromuscular disorder, characterized by weakness of the voluntary muscles of the body; Whereas an estimated one hundred thousand to two hundred thousand diagnosed, and over one hundred thousand undiagnosed, Americans of both sexes, and all races and ages, are afflicted with the disease; Whereas the Nation faces a continuing need to support innovative research into the causes, treatment, and cure of myasthenia gravis; Whereas it is appropriate to focus the Nation's attention upon the problem of myasthenia gravis: Now, therefore, be it Resolved by the Senate and House of Representatives of the United Myasthenia States of America in Congress assembled, That the week of October AwienessWeek ^'^ through October 23, 1982, is designated as "Myasthenia Gravis Awareness Week" and the President of the United States is authorized and requested to issue a proclamation calling upon all government agencies and the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved October 14, 1982.

LEGISLATIVE HISTORY—S.J. Res. 197: CONGRESSIONAL RECORD, Vol. 128 (1982): May 19, considered and passed Senate. Sept. 30, considered and passed House.

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 PUBLIC LAW 97-318—OCT. 14, 1982 Public Law 97-318 97th Congress

Joint Resolution

To proclaim March 21, 1983, as "National Agriculture Day".

96 STAT. 1467

Oct. 14, 1982 [S J. Res. 235]

Whereas agriculture is this Nation's most basic industry, and its associated production, processing, and marketing segments, together, provide more jobs than any other single industry; and Whereas the productivity of agriculture is a vital ingredient in our strength as a Nation, both domestically and on the world scene; and Whereas, to maintain a healthy agriculture, it is necessary that all the people of the United States understand how agriculture affects their lives and well-being, and be aware of their personal stake in an abundant food and fiber supply: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That March 21, 1983, is National hereby proclaimed "National Agriculture Day", and the President is Agriculture Day. authorized and requested to issue a proclamation calling upon the people of the United States to observe this day with appropriate ceremonies and activities. Approved October 14, 1982.

LEGISLATIVE HISTORY—S.J. Res. 235: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 15, considered and passed Senate. Sept. 30, considered and passed House.

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 96 STAT. 1468

PUBLIC LAW 97-319—OCT. 14, 1982

Public Law 97-319 97th Congress T • j. TD I ^• ^ Joint Resolution Oct. 14, 1982 [S.J. Res. 249]

rjiQ provide for the designation of the month of October 1982, as "National Spinal Cord Injury Month".

Whereas spinal cord injuries now paralyze over five hundred thousand Americans; Whereas there are twenty thousand new spinal cord injuries per year; Whereas most spinal cord injuries involve young people and are the result of motor vehicle accidents, sports and recreational activities, or of service in our Nation's Armed Forces; Whereas lifetime costs to sustain a person with a spinal cord injury are between $1,000,000 and $5,000,000, representing a major and expensive medical problem for this country; Whereas research advances have permitted scientists to predict that we will be able to prevent and cure paralysis for hundreds of thousands of people; Whereas the general public is unaware of the staggering costs and personal consequences of spinal cord injury; Whereas programs of the National Spinal Cord Injury Association, the Paralyzed Veterans of America and other similar organizations are dedicated to funding research and helping all paralyzed persons; and Whereas an increase in the national awareness of the problem of spinal cord injuries may ease the burden of the victims and families of victims and may stimulate interest in increased research for the cure of spinal cord injury paralysis: Now, therefore, belt Resolved by the Senate and House of Representatives of the United National Spinal States of America in Congress assembled. That the month of October Month"^"''^ is designated as "National Spinal Cord Injury Month", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that month with appropriate activities. Approved October 14, 1982.

LEGISLATIVE HISTORY—S.J. Res. 249 (H.J. Res. 598): CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, H.J. Res. 598 considered and passed House. Oct. 1, considered and passed Senate and House.

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 PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1469

Public Law 97-320 97th Congress An Act To revitalize the housing industry by strengthening the financial stability of home mortgage lending institutions and ensuring the availability of home mortgage loans.

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

1. This Act may be cited as the "Garn-St Germain Depository Institutions Act of 1982". SECTION

TITLE I—DEPOSIT INSURANCE FLEXIBILITY

Oct. 15, 1982 [H.R. 6267] Garn-St Germain Depository Institutions Act of 1982. 12 USC 226 note.

Deposit Insurance Flexibility Act.

SHORT TITLE

SEC. 101. This title may be cited as the "Deposit Insurance Flexibility Act". PART A—FEDERAL DEPOSIT INSURANCE CORPORATION AMENDMENTS ASSISTANCE TO INSURED BANKS

SEC. 111. Section 13(c) of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)) is amended to read as follows: "(cKD The Corporation is authorized, in its sole discretion and upon such terms and conditions as the Board of Directors may prescribe, to make loans to, to make deposits in, to purchase the assets or securities of, to assume the liabilities of, or to make contributions to, any insured bank— "(A) if such action is taken to prevent the closing of such insured bank; "(B) if, with respect to a closed insured bank, such action is taken to restore such closed insured bank to normal operation; or "(C) if, when severe financial conditions exist which threaten the stability of a significant number of insured banks or of insured banks possessing significant financial resources, such action is taken in order to lessen the risk to the Corporation posed by such insured bank under such threat of instability. "(2)(A) In order to facilitate a merger or consolidation of an insured bank described in subparagraph (B) with an insured institution or the sale of assets of such insured bank and the assumption of such insured bank's liabilities by an insured institution, or the acquisition of the stock of such insured bank, the Corporation is authorized, in its sole discretion and upon such terms and conditions as the Board of Directors may prescribe— "(i) to purchase any such assets or assume any such liabilities;

12 USC 1811 note.

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 96 STAT. 1470

12 USC 1823.

PUBLIC LAW 97-320—OCT. 15, 1982

"(ii) to make loans or contributions to, or deposits in, or purchase the securities of, such insured institution or the company which controls or will acquire control of such insured institution; "(iii) to guarantee such insured institution or the company which controls or will acquire control of such insured institution against loss by reason of such insured institution's merging or consolidating with or assuming the liabilities and purchasing the assets of such insured bank or by reason of such company acquiring control of such insured bank; or "(iv) to take any combination of the actions referred to in subparagraphs (i) through (iii). "(B) For the purpose of subparagraph (A), the insured bank must be an insured bank— "(i) which is closed; "(ii) which, in the judgment of the Board of Directors, is in danger of closing; or "(iii) which, when severe financial conditions exist which threaten the stability of a significant number of insured banks or of insured banks possessing significant financial resources, is determined by the Corporation, in its sole discretion, to require assistance under subparagraph (A) in order to lessen the risk to the Corporation posed by such insured bank under such threat of instability. "(3) The Corporation may provide any person acquiring control of, merging with, consolidating with or acquiring the assets of an insured bank under section 13(f) of this Act with such financial assistance as it could provide an insured institution under this subsection. "(4)(A) No assistance shall be provided under this subsection in an amount in excess of that amount which the Corporation determines to be reasonably necessary to save the cost of liquidating, including paying the insured accounts of, such insured bank, except that such restriction shall not apply in any case in which the Corporation determines that the continued operation of such insured bank is essential to provide adequate banking services in its community. "(B) The Corporation may not use its authority under this subsection to purchase the voting or common stock of an insured bank. Nothing in the preceding sentence shall be construed to limit the ability of the Corporation to enter into and enforce covenants and agreements that it determines to be necessary to protect its financial interest. "(5)(A) During any period in which an insured bank has received assistance under this subsection and such assistance is still outstanding, such insured bank may defer the payment of any State or local tax which is determined on the basis of the deposits held by such insured bank or of the interest paid on such deposits. "(B) When such insured bank no longer has any outstanding assistance, such insured bank shall pay all taxes which were deferred under subparagraph (A). Such payments shall be made in accordance with a payment plan established by the Corporation, after consultation with the applicable State and local taxing authorities. "(6) Any assistance provided under this subsection may be in subordination to the rights of depositors and other creditors.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/109

 PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1471

"(7) In its annual report to the Congress, the Corporation shall report the total amount it has saved, or estimates it has saved, by exercising the authority provided in this subsection. "(8) For purposes of this subsection, the term 'insured institution' means an insured bank as defined in section 3 of this Act or an insured institution as defined in section 401 of the National Housing Act".

Report to Congress. "Insured institution."

FEDERAL DEPOSIT INSURANCE CORPORATION; INSURED FEDERAL SAVINGS BANKS

SEC. 112. Section 5 of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464) is amended by adding at the end thereof the following: "(o)(l) Notwithstanding any other provision of this section, the Board, subject to the provisions of this subsection, may authorize, under the rules and regulations of the Board, the conversion of a State-chartered savings bank insured by the Federal Deposit Insurance Corporation into a Federal savings bank, if such conversion is not in contravention of State law, and provide for the organization, incorporation, operation, and regulation of such institution. "(2)(A) The Federal Deposit Insurance Corporation shall insure the deposit accounts of any Federal savings bank chartered pursuant to this subsection, until such time as the accounts of such institution are insured by the Federal Savings and Loan Insurance Corporation. "(B) The Board shall provide the Federal Deposit Insurance Corporation with notification of any application under this Act for conversion to a Federal charter by an institution insured by the Corporation, shall consult with the Corporation before disposing of the application, and shall provide said Corporation with notification of the Board's determination with respect to such application. "(C) The Federal Deposit Insurance Corporation shall have the power to make special examinations of any Federal savings bank it insures and for which the Board of Directors of the Federal Deposit Insurance Corporation determines an examination is necessary to determine the condition of the bank for insurance purposes. "(D) Except with the prior written approval of the Federal Deposit Insurance Corporation, no Federal savings bank insured by the Federal Deposit Insurance Corporation shall— "(i) merge or consolidate with any bank, association, or institution that is not insured by the Federal Deposit Insurance Corporation; "(ii) assume liability to pay any deposits made in, or similar liabilities of, any bank, association, or institution that is not insured by the Federal Deposit Insurance Corporation; or "(iii) transfer assets to any bank, association, or institution that is not insured by the Federal Deposit Insurance Corporation in consideration of the assumption of liabilities for any portion of the deposits made in such bank. "(E) In granting any approval required by paragraph (D) of this subsection, the Board of Directors of the Federal Deposit Insurance Corporation shall consider the financial and managerial resources and the future prospects of the existing and proposed institutions. "(F) Notwithstanding section 402(j) of the National Housing Act, 12 USC 1725. any provision of the constitution or laws of any State, or paragraph (1) of this subsection, if the Federal Deposit Insurance Corporation determines conversion into a Federal stock savings bank or

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Page:United States Statutes at Large Volume 96 Part 2.djvu/110

 96 STAT. 1472

12 USC 1881 290i'^^^ 320i' note *35oi note. 15 USC 1601 note, 1691 note, 1692 note, 1693 note, 78/.

12 USC 1828.

PUBLIC LAW 97-320—OCT. 15, 1982

the chartering of a Federal stock savings bank is necessary to prevent the closing of a savings bank it insures or to reopen a closed savings bank it insured, or if the Federal Deposit Insurance Corporation determines, with the concurrence of the Board, that severe financial conditions exist that threaten the stability of a savings bank insured by such Corporation and that such a conversion or charter is likely to improve the financial condition of such savings bank, the Federal Deposit Insurance Corporation shall provide to the Board a certificate of such determination, the reasons therefor in conformance with the requirements of this Act, and the bank, without further action by the Board, shall be converted or chartered by the Board, pursuant to the rules and regulations thereof, from the time the Federal Deposit Insurance Corporation issues such certificate. "(G) A bank may be converted under subparagraph (F) only where the board of trustees of the bank— "(i) has specified in writing that the bank is in danger of closing or is closed, or that severe financial conditions exist that threaten the stability of the bank and a conversion is likely to improve the financial condition of the bank; and "(ii) has requested in writing that the Corporation use the authority of subparagraph (F). "(H)(i) Before making a determination under subparagraph (F), the Corporation shall consult the State bank supervisor of the State in which the bank in danger of closing is chartered. The State bank supervisor shall be given a reasonable opportunity, and in no event less than forty-eight hours, to object to the use of the provisions of subparagraph (F). "(ii) If the State supervisor objects during such period, the Corporation may use the authority of subparagraph (F) only by a unanimous vote of the Board of Directors. The Board of Directors shall provide to the State supervisor, as soon as practicable, a written certification of its determination. "(3) A Federal savings bank chartered under this subsection shall have the same authority with respect to investments, operations, and activities, and shall be subject to the same restrictions, including those applicable to branching and discrimination, as would apply to it if it were chartered as a Federal savings bank under any other provision of this Act. "(4) For purposes of the Bank Protection Act of 1968, the Home Mortgage Disclosure Act, the Community Reinvestment Act, the Depository Institution Management Interlocks Act, the Depository Institutions Deregulation Act of 1980, the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Debt Collection Practices Act, the Electronic Fund Transfer Act, and section 12(i) of the Securities Exchange Act of 1934, a Federal savings bank the deposits of which are insured by the Federal Deposit Insurance Corporation shall be regarded as an institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation. "(5) Notwithstanding any limitation contained in the National Housing Act, the Federal Savings and Loan Insurance Corporation, in its sole discretion, and on such terms and conditions as it shall determine, may provide the Federal Deposit Insurance Corporation with financial assistance or guarantees in connection with a transaction subject to paragraph (2)(D) or section 18(c) of the Federal Deposit Insurance Act".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/111

 PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1473

CX)NFORMING AMENDMENTS TO THE FEDERAL DEPOSIT INSURANCE ACT

SEC. 113. (a) Section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)) is amended— (1) in paragraph (2) thereof, by striking out "and" at the end thereof; (2) in paragraph (3) thereof, by striking out the period at the end thereof and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(4) the Federal Home Loan Bank Board in the case of an insured Federal savings bank.". (b) Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) is amended by adding at the end thereof the following: "(t) The term 'insured Federal savings bank' means a Federal savings bank chartered pursuant to section 5(o) of the Home Owners' Loan Act of 1933 and insured by the Corporation.". (c) Section 4 of the Federal Deposit Insurance Act (12 U.S.C. 1814) is amended by inserting at the end thereof the following: "(c) Every Federal savings bank which is chartered pursuant to section 5(o) of the Home Owners' Loan Act of 1933, and which is engaged in the business of receiving deposits other than trust funds, shall be an insured bank from the time it is authorized to commence business, until such time as its accounts are insured by the Federal Savings and Loan Insurance Corporation.". (d) Section 7(a)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(a)(2)) is amended by inserting "(A)" after "(2)" and by inserting at the end thereof the following: "(B) The Corporation shall have access to reports of examination made by, and reports of condition made to, the Federal Home Loan Bank Board or any Federal Home Loan Bank, respecting any insured Federal savings bank, and the Corporation shall have access to all revisions of reports of condition made to either such agency. Such agency shall promptly advise the Corporation of any revisions or changes in respect to deposit liabilities made or required to be made in any report of condition.". (e) The first sentence of section 7(a)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1817(a)(3)) is amended to read as follows: "Each insured State nonmember bank (except a District bank) and each foreign bank having an insured branch (other than a Federal branch) shall make to the Corporation, each insured national bank, each foreign bank having an insured branch which is a Federal branch, and each insured District bank shall make to the Comptroller of the Currency, each insured State member bank shall make to the Federal Reserve bank of which it is a member, and each insured Federal savings bank shall make to the Federal Home Loan Bank Board, four reports of condition annually upon dates which shall be selected by the Chairman of the Board of Directors, the Comptroller of the Currency, the Chairman of the Board of Governors of the Federal Reserve System, and the Chairman of the Federal Home Loan Bank Board.". (f) Section 7(a)(6) of the Federal Deposit Insurance Act (12 U.S.C. 1817(a)(6)) is amended by inserting ", the Federal Home Loan Bank Board," after "Comptroller of the Currency". (g) Section 8(a) of the Federal Deposit Insurance Act (12 U.S.C. 1818(a)) is amended—

"insured SfinSVank" Ante, p. I47i.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/112

 96 STAT. 1474

PUBLIC LAW 97-320—OCT. 15, 1982

(1) in the second sentence thereof, by inserting after "district bank," the following: "to the Federal Home Loan Bank Board in the case of an insured Federal savings bank,"; and (2) in the third sentence thereof, by inserting after "national bank," the following: "or the Federal Home Loan Bank Board in the case of an insured Federal savings bank,". (h) Section 8(o) of the Federal Deposit Insurance Act (12 U.S.C. 1818(o)) is amended by inserting at the end thereof the following: "Whenever the insured status of an insured Federal savings bank shall be terminated by action of the Board of Directors, the Federal Home Loan Bank Board shall appoint a receiver for the bank, which shall be the Corporation.". (i) Section 10(b) of the Federal Deposit Insurance Act (12 U.S.C. 18200t>)) is amended in the second sentence thereof by inserting after "or District bank," the following: "or any insured Federal savings bank,". (j) Section 11(c) of the Federal Deposit Insurance Act (12 U.S.C. 1821(c)) is amended by inserting at the end thereof the following: "Notwithstanding any other provision of law, whenever the Federal Home Loan Bank Board shall appoint a receiver, other than a conservator, of any insured Federal savings bank hereafter closed, it shall appoint the Corporation receiver for such closed insured Federal savings bank.". (k) Section 11(g) of the Federal Deposit Insurance Act (12 U.S.C. 1821(g)) is amended in the first sentence by inserting after "District bank," the following: "or closed insured Federal savings bank,". (1) Section 12(a) of the Federal Deposit Insurance Act (12 U.S.C. 1822(a)) is amended by inserting after "foreign bank," the following: "insured Federal savings bank,". (m) Section 13 of the Federal Deposit Insurance Act (12 U.S.C. 1823) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) in subsection (e)— (A) by inserting "(e)" before "No agreement"; and (B) by striking out the first paragraph of such subsection, (n) Section 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended by inserting at the end thereof the following: "(12) The provisions of this subsection shall not apply to any merger transaction involving an insured Federal savings bank unless the resulting institution will be an insured bank other than an insured Federal savings bank.". (o) Section 18(j) of the Federal Deposit Insurance Act (12 U.S.C. 1828(j)) is amended by adding at the end thereof the following: "(4) The provisions of this subsection shall not apply to an insured Federal savings bank.". (p) Section 26 of the Federal Deposit Insurance Act (12 U.S.C. 1831c) is amended— (1) by inserting "(a)" after "Sec. 26."; (2) in subsection (a), as so redesignated under paragraph (1), by adding at the end thereof the following: "The provisions of this subsection shall apply only to mergers, consolidations, or conversions consummated and effective prior to the effective date of the Depository Institutions Amendments of 1982 or mergers, consolidations, or conversions for which applications have been received at a regional Federal Home Loan Bank prior to such effective date."; and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/113

 PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1475

(3) by adding at the end thereof the following: "(b) No transaction involving a change of deposit insurance agencies from the Corporation to the Federal Savings and Loan Insurance Corporation shall be deemed a termination of insured status under section 8(a) of this Act.". (q) Section 7(j)(16) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(16)) is amended by adding at the end thereof the following: "This subsection shall not apply to an insured Federal savings bank.".

12 USC 1818.

CONFORMING AMENDMENTS TO THE HOME OWNERS* LOAN ACT OF 1933

SEC. 114. (a) Section 2(d) of the Home Owners' Loan Act of 1933 (12 "Association." U.S.C. 1462(d)) is amended to read as follows: "(d) The term 'association' means a Federal savings and loan association or a Federal savings bank chartered by the Board under section 5 of this Act and any reference in any other law to a Federal 12 USC 1464. savings and loan association shall be deemed to be also a reference to such Federal savings banks, unless the context indicates otherwise.". (b) Section 5(d)(6) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(d)(6)) is amended— (1) in paragraph (B), by inserting after "Federal Savings and Loan Insurance Corporation" the following: "or the Federal Deposit Insurance Corporation"; (2) in the second sentence of subparagraph (D), by inserting after "shall appoint" the following: ", except as hereafter provided,"; and (3) by inserting at the end of subparagraph (D): "In the case of a Federal savings bank chartered pursuant to subsection (o) and insured by the Federal Deposit Insurance Corporation, the Board shall appoint only the Federal Deposit Insurance Corporation as receiver for the association and the Federal Deposit Insurance Corporation shall have the same powers as receiver as those powers granted by this paragraph to the Federal Savings and Loan Insurance Corporation as receiver of other (c) Section 5(d)(ll) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(d)(ll)) is amended by striking out "with other" and inserting in lieu thereof "with associations or with any". CONFORMING AMENDMENTS TO THE NATIONAL HOUSING ACT

SEC. 115. (a) Section 403(a) of the National Housing Act (12 U.S.C. 1726(a)) is amended to read as follows: "(a)(1) It shall be the duty of the Corporation to insure the accounts of all Federal savings and loan associations, and all Federal savings banks, except for Federal savings banks the deposits of which are insured by the Federal Deposit Insurance Corporation. "(2) The Corporation may insure the accounts of building and loan, savings and loan, and homestead associations and cooperative banks organized and operated according to the laws of the State, District, territory, or possession in which they are chartered or organized, and of savings banks chartered pursuant to section 5(o) of the Home Owners' Loan Act of 1933.". Ante, p. 1471. (b) Subparagraphs (A) and (B) of section 408(a)(1) of the National Housing Act (12 U.S.C. 1730a(a)(l)) are amended to read as follows:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/114

 96 STAT. 1476 "Insured institution.

"Uninsured institution."

PUBLIC LAW 97-320—OCT. 15, 1982

"(A) 'insured institution' means a Federal savings and loan association, a Federal savings bank, a building and loan, savings and loan or homestead association or a cooperative bank, the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, and shall include a Federal savings bank the deposits of which are insured by the Federal Deposit Insurance Corporation; "(B) 'uninsured institution' means any association or bank referred to in subparagraph (A), the accounts of which are not insured by the Federal Savings and Loan Insurance Corporation, except for a Federal savings bank the deposits of which are insured by the Federal Deposit Insurance Corporation;". (c) Section 407(m) of the National Housing Act (12 U.S.C. 1730(m)) is amended by adding at the end thereof the following: "(4) The Federal Home Loan Bank Board, or its designated representative, shall have the same power with respect to a Federal association, or affiliate thereof, the deposits of which are insured by the Federal Deposit Insurance Corporation as it or the Corporation has under paragraphs (1) and (2) of this subsection with respect to insured institutions, or their affiliates.". (d) Section 407(1)(6) of the National Housing Act (12 U.S.C. 1730(1)(6)) is amended by adding at the end thereof the following: "For the purpose of this subsection, the term 'insured institution' shall include a Federal savings bank the deposits of which are insured by the Federal Deposit Insurance Corporation.", (e) Section 407(q)(13) of the National Housing Act (12 U.S.C. 1730(q)(13)) is amended by inserting "(A)" after "(13)" and by adding at the end thereof the following: "(B) For the purposes of this subsection, the term 'insured institution' shall include a Federal savings bank the deposits of which are insured by the Federal Deposit Insurance Corporation.". EXTRAORDINARY ACQUISITIONS

SEC. 116. Section 13 of the Federal Deposit Insurance Act (12 U.S.C. 1823) is amended by inserting after subsection (e) the following: "(f)(1) Nothing contained in paragraphs (2) or (3) shall be construed to limit the Corporation's powers in subsection (c) to assist a transaction under paragraphs (2) or (3). "(2)(A) Whenever an insured bank with total assets of $500,000,000 or more (as determined from its most recent report of condition) is closed, the Corporation, as receiver, may, in its discretion and upon such terms and conditions as the Corporation may determine, arrange the sale of assets of the closed bank and the assumption of the liabilities of the closed bank, including the sale of such assets to and the assumption of such liabilities by an insured depository institution located in the State where the closed bank was chartered but established by an out-of-State bank or holding company. Where otherwise lawfully required, a transaction under this subsection must be approved by the primary Federal or State supervisor of all parties thereto. "(B)(i) Before making a determination to take any action under subparagraph (A), the Corporation shall consult the State bank supervisor of the State in which the closed insured bank was chartered.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/115

 PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1477

"(ii) The State bank supervisor shall be given a reasonable opportunity, and in no event less than forty-eight hours, to object to the use of the provisions of this paragraph. Such notice may be provided by the Corporation prior to its appointment as receiver, but in anticipation of an impending appointment. "(iii) If the State supervisor objects during such period, the Corporation may use the authority of this paragraph only by a unanimous vote of the Board of Directors. The Board of Directors shall provide to the State supervisor, as soon as practicable, a written certification of its determination. "(3)(A)(i) Whenever the Corporation has determined, in its discretion, that an insured bank organized in mutual form with total assets of $500,000,000 or more (as determined from its most recent report of condition) is in danger of closing, the insured bank may merge with or its assets may be purchased by and its liabilities assumed by another institution, including an insured depository institution located in the State where the insured bank is chartered but established by an out-of-State bank or holding company. "(ii) Where otherwise lawfully required, a transaction under this subsection must be approved by the primary Federal or State supervisor of all parties thereto. "(B) The Corporation may make a determination under paragraph (A) only where the board of trustees of the insured bank and the appropriate Federal or State chartering authority have specified in writing that the bank is in danger of closing and have requested in writing that the Corporation assist a merger or a purchase. "(C)(i) Before making a determination under subparagraph (A), the Corporation shall consult the State bank supervisor of the State in which the bank in danger of closing is chartered. "(ii) The State bank supervisor shall be given a reasonable opportunity, and in no event less than forty-eight hours, to object to the use of the provisions of this paragraph. "(iii) If the State supervisor objects during such period, the Corporation may use the authority of this paragraph only by a unanimous vote of the Board of Directors. The Board of Directors shall provide to the State supervisor, as soon as practicable, a written certification of its determination. "(4)(i) Notwithstanding section 3(d) of the Bank Holding Company Act of 1956 or any other provision of law. State or Federal, or the 12 USC 1842. constitution of any State, an institution that merges with or acquires an insured bank under paragraph (2) or (3) is authorized to be and shall be operated as a subsidiary of an out-of-State bank or bank holding company, except that an out-of-State bank may operate the resulting institution as a subsidiary only if such ownership is otherwise specifically authorized. "(ii) Any subsidiary created by operation of this subsection may retain and operate any existing branch or branches of the institution merged with or acquired under paragraph (2) or (3), but otherwise shall be subject to the conditions upon which a national bank may establish and operate branches in the State in which such insured institution is located. "(iii) No insured institution acquired under this subsection shall after it is acquired move its principal office or any branch office which it would be prohibited from moving if the institution were a national bank. "(5) In determining whether to arrange a sale of assets and assumption of liabilities or to permit an acquisition or a merger

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Page:United States Statutes at Large Volume 96 Part 2.djvu/116

 96 STAT. 1478

Definitions.

PUBLIC LAW 97-320—OCT. 15, 1982

under the authority of paragraph (2) or (3), the Corporation may solicit such offers or proposals as are practicable from any prospective purchasers or merger partners it determines, in its sole discretion, are both qualified and capable of acquiring the assets and liabilities of the closed bank or the bank in danger of closing. "(6)(A) If, after receiving offers, the offer presenting the lowest expense to the Corporation, that is in a form and with conditions acceptable to the Corporation (hereinafter referred to as the 'lowest acceptable offer'), is from an offeror that is not an existing in-State bank of the same type as the bank that has closed or is in danger of closing (or, where the closed bank is an insured bank other than a mutual savings bank, the lowest acceptable offer is not from an in-State bank holding company), the Corporation shall permit each offeror who made an offer the estimated cost of which to the Corporation was within 15 per centum or $15,000,000, whichever is less, of the initial lowest acceptable offer to submit a new offer. "(B) In considering authorizations under this subsection, the Corporation shall give consideration to the need to minimize the cost of financial assistance and to the maintenance of specialized depository institutions. The Corporation shall authorize transactions under this subsection considering the following priorities: "(i) First, between depository institutions of the same t3T)e within the same State; "(ii) Second, between depository institutions of the same type In different States; "(iii) Third, between depository institutions of different types in the same State; and "(iv) Fourth, between depository institutions of different types in different States. "(C) In considering offers from different States, the Corporation shall give a priority to offers from adjoining States. "(D) In determining the cost of offers and reoffers, the Corporation's calculations and estimations shall be determinative. The Corporation may set reasonable time limits on offers and reoffers. "(7) No sale may be made under the provisions of paragraph (2) or (3)"(A) which would result in a monopoly, or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the United States; or "(B) whose effect in any section of the country may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless the Corporation finds that the anticompetitive effects of the proposed transactions are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served. "(8) As used in this subsection— "(A) the term 'receiver' means the Corporation when it has been appointed the receiver of a closed insured bank; "(B) the term 'insured depository institution' means an insured bank or an association or savings bank insured by the Federal Savings and Loan Insurance Corporation; and "(C) the term 'in-State depository institution or in-State holding company' means an existing insured depository institution currently operating in the State in which the closed bank or the bank in danger of closing is chartered or a company that is

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