text:
Page:United States Statutes at Large Volume 97.djvu/716

 97 STAT. 684 PUBLIC LAW 98-94—SEPT. 24, 1983 Committee (COCOM) in order to strengthen control over the export of technology and equipment to certain countries by the United States and certain of its allies. PART B—DEPARTMENT OF DEFENSE MANAGEMENT MATTERS ESTABLISHMENT OF DEFENSE DIRECTOR OF OPERATIONAL TEST AND EVALUATION SEC. 1211. (a)(1) Chapter 4 of title 10, United States Code, is amended by inserting ^ter section 136 the following new section: 10 USC 136a. "§l36a. Director of Operational Test and Evaluation: appoint- ment; powers and duties "(a)(1) There is a Director of Operational Test and Evaluation in the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Director. The Director may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. Definitions. "(2) In this section: "(A) 'Operational test and evaluation' means— "(i) the field test, under realistic combat conditions, of any item of (or key component of) weapons, equipment, or munitions for the purpose of determining the effectiveness and suitability of the weapons, equipment, or munitions for usc in combat by typical military users; and "(ii) the evaluation of the results of such test. "(B) 'Major defense acquisition program' means a Department of Defense acquisition program that is a major defense acquisi- 10 USC 139a. tion program for purposes of section 139a(a)(l) of this title or that is designated as such a program by the Director for pur- poses of this section. "(b) The Director is the principal adviser to the Secretary of Defense on operational test and evaluation in the Department of Defense and the principal operational test and evaluation official within the senior management of the Department of Defense. The Director shall— "(1) prescribe, by authority of the Secretary of Defense, poli- cies and procedures for the conduct of operational test and evaluation in the Department of Defense; "(2) provide guidance to and consult with the Secretary of Defense and the Secretaries of the military departments with respect to operational test and evaluation in the Department of Defense in general and with respect to specific operational test and evaluation to be conducted in connection with a major defense acquisition program; "(3) monitor and review all operational test and evaluation in the Department of Defense; "(4) coordinate operational testing conducted jointly by more than one military department or defense agency; "(5) analyze the results of the operational test and evaluation conducted for each major defense acquisition program and, at the conclusion of such operational test and evaluation, report to the Secretary of Defense and to the Committees on Armed

�


text:
Page:United States Statutes at Large Volume 97.djvu/717

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 685 Services and on Appropriations of the Senate and House of Representatives as provided in subsection (c) on— "(A) whether the test and evaluation performed was adequate; and "(B) whether the test and evaluation results confirm that the items or components actually tested are effective and suitable for combat; and "(6) review and make recommendations to the Secretary of Defense on all budgetary and financial matters relating to operational test and evaluation, including operational test facil- ities and equipment, in the Department of Defense. "(c) Each report of the Director required under subsection (b)(5) shall be submitted to the committees specified in that subsection in precisely the same form and with precisely the same content as the report originally was submitted to the Secretary and shall be accom- panied by such comments as the Secretary of Defense may wish to make on such report. "(d) The Director reports directly, without intervening review or approval, to the Secretary of Defense. The Director shall consult closely with, but the Director and the Director's staff are independ- ent of, the Under Secretary of Defense for Research and Engineer- ing and all other officers and entities of the Department of Defense responsible for research and development. (e)(1) The Secretary of a military department shall report promptly to the Director the results of all operational test and evaluation conducted by the military department and of all studies conducted by the military department in connection with opera- tional test and evaluation in the military department. "(2) The Director may require that such observers as he designates be present during the preparation for and the conduct of the test part of any operational test and evaluation conducted in the Depart- ment of Defense. "(3) The Director shall have access to all records and data in the Department of Defense (including the records and data of each military department) that the Director considers necessary to review in order to carry out his duties under this section. "(f)(1) Operational testing of a major defense acquisition program may not be conducted until the Director has approved in writing the adequacy of the plans (including the adequacy of projected levels of funding) for operational test and evaluation to be conducted in connection with that program. "(2) A final decision within the Department of Defense to proceed with a major defense acquisition program beyond low-rate initial production may not be made until the Director has submitted to the Secretary of Defense the report with respect to that program re- quired by subsection (b)(5) and the Committees on Armed Services and on Appropriations of the Senate and House of Representatives have received that report. "(g)(1) The Director shall prepare an annual report summarizing the operational test and evaluation activities of the Department of Defense during the preceding fiscal year. Each such report shall be submitted concurrently to the Secretary of Defense and the Con- gress not later than January 15 immediately following the end of the fiscal year for which the report is prepared. The report shall include such comments and recommendations as the Director con- siders appropriate, including comments and recommendations on resources and facilities available for operational test and evaluation Report submittal. Records and data accessibility. Report submittal.

�

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


text:
Page:United States Statutes at Large Volume 97.djvu/718

 97 STAT. 686 PUBLIC LAW 98-94—SEPT. 24, 1983 Comments. Effective date. 10 USC 136a note. and levels of funding made available for operational test and evalua- tion activities. The Secretary may comment on any report of the Director to Congress under this paragraph. "(2) The Director shall comply with requests from Congress (or any committee of either House of Congress) for information relating to operational test and evaluation in the Department of Defense. "(h) The President shall include in the Budget transmitted to Congress pursuant to section 1105 of title 31 for each fiscal year a separate statement of estimated expenditures and proposed appro- priations for that fiscal year for the activities of the Director of Operational Test and Evaluation in carrying out the duties and responsibilities of the Director under this section.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 136 the following new item: "136a. Director of Operational Test and Evaluation: appointment; powers and duties.". (b) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new item: "Director of Operational Test and Evaluation, Department of Defense.". (c) The amendments made by this section shall take effect on November 1, 1983. ASSISTANT SECRETARIES IN THE DEPARTMENT OF DEFENSE SEC. 1212. (a)(1) Subsection (a) of section 136 of title 10, United States Code, is amended by striking out "seven" and inserting in lieu thereof "eleven". (2) Subsection (b) of such section is amended— (A) by inserting "(1)" after "(b)"; (B) by designating the second sentence of such subsection as paragraph (2); (C) by designating the fourth sentence of such subsection as paragraph (3) and by striking out "Reserve Affairs" in such sentence and inserting in lieu thereof "Logistics"; (D) by striking out "reserve component' in the fifth sentence of such subsection and inserting in lieu thereof "logistics"; (E) by inserting after paragraph (3) of such subsection (as designated by clause (O) the following paragraphs: "(4) One of the Assistant Secretaries shall be the Assistant Secre- tary of Defense for Reserve Affairs. He shall have as his principal duty the overall supervision of reserve component affairs of the Department of Defense. "(5) One of the Assistant Secretaries shall be the Assistant Secre- tary of Defense for Command, Control, Communications, and Intelli- gence. He shall have as his principal duty the overall supervision of command, control, communications, and intelligence affairs of the Department of Defense."; and (F) by designating the sentence beginning "In addition" as paragraph (6) and in such sentence— (i) striking out "In addition, one" and inserting in lieu thereof "One"; (ii) redesignating clauses (1) through (5) as clauses (A) through (E), respectively; (iii) redesignating subclauses (A) through (D) of sub- clauses (i) through (iv), respectively; and

�


text:
Page:United States Statutes at Large Volume 97.djvu/719

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 687 (iv) striking out "clauses (l)-(4)" and inserting in lieu thereof "clauses (A) through (D)". (3) Subsection (f) of such section is repealed. (b) Section 175(c) of title 10, United States Code, is amended by striking out "Manpower and". (c)(1) The first sentence of section 3013 of title 10, United States Code, is amended by striking out "four" and inserting in lieu thereof "five". (2) The first sentence of section 5034(a) of such title is amended by striking out "three" and inserting in lieu thereof "four". (d) Section 5315 of title 5, United States Code, is amended— (1) by striking out "(7)" after "Assistant Secretaries of De- fense" and inserting in lieu thereof "(11)"; (2) by striking out "(4)" after "Assistant Secretaries of the Army" and inserting in lieu thereof "(5)"; and (3) by striking out "(3)" after "Assistant Secretaries of the Navy" and inserting in lieu thereof "(4)". (e) The amendments made by this section shall take effect on October 1, 1983. 10 USC 5034. Effective date. 10 USC 136 note. COMMANDANT OF THE MARINE CORPS TO BE A MEMBER OF THE ARMED FORCES POLICY COUNCIL SEC. 1213. Section 171(a) of title 10, United States Code, is amended— (1) by striking out "and" at the end of clause (9); (2) by striking out the period at the end of clause (10) and inserting in lieu thereof a semicolon and "and"; and (3) by adding after clause (10) the following new clause: "(11) the Commandant of the Marine Corps.". 5 PERCENT ACROSS-THE-BOARD REDUCTION IN HEADQUARTERS STAFFS SEC. 1214. (a) Not later than September 30, 1984, the Secretary of Defense shall reduce the total number of military and civilian personnel assigned to duty in the Office of the Secretary of Defense, the agencies of the Department of Defense, and the military depart- ments to perform management headquarters activities or manage- ment headquarters support activities by a number that is at least 5 percent below the total number of personnel requested by the President for fiscal year 1984 to perform such activities. (b) Any reduction in military or civilian personnel assigned to perform management headquarters activities or management head- quarters support activities in the National Security Agency/Central Security Service, the Defense Intelligence Agency, the Organization of the Joint Chiefs of Staff, or the Naval Intelligence Command may not be included for the purposes of complying with the requirements of subsection (a). (c) For purposes of this section, the terms "management headquar- ters activities" and "management headquarters support activities" have the same meanings as prescribed for such terms in Department of Defense Directive 4100.73 entitled "Department of Defense Man- agement Headquarters and Headquarters Support", dated March 12, 1981. Definitions.

�


text:
Page:United States Statutes at Large Volume 97.djvu/720

 97 STAT. 688 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 2452 note. Publication in Federal Register. Submittal to congressional committees. REGULATIONS RELATING TO INCREASES IN PRICES FOR SPARE PARTS AND REPLACEMENT EQUIPMENT SEC. 1215. (a) Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue regula- tions which— (1) except as provided in clause (2), prohibit the purchase of any spare part or replacement equipment when the price of such part or equipment, since a time in the past specified by the Secretary (in terms of days or months) or since the most recent purchase of such part or equipment by the Department of Defense, has increased in price by a percentage in excess of a percentage threshold specified by the Secretary in such regula- tions, and (2) permit the purchase of such spare part or equipment (notwithstanding the prohibition contained in clause (D) if the contracting officer for such part or equipment certifies in writ- ing to the head of the procuring activity before the purchase is made that— (A) such officer has evaluated the price of such part or equipment and concluded that the increase in the price of such part or equipment is fair and reasonable, or (B) the national security interests of the United States require that such part or equipment be purchased despite the increase in price of such part or equipment. (b) The Secretary shall publish the regulations issued under this section in the Federal Register. (c) Not less than 30 days before the Secretary publishes such regulatons in accordance with subsection (b), the Secretary shall submit the text of the proposed regulations to the Committees on Armed Services of the Senate and House of Representatives. Submittal to congressional committees. 10 USC 2452 note. REPORT ON MANAGEMENT OF SPARE PARTS SEC. 1216. (a) The Secretary of Defense shall submit to the Com- mittees on Armed Services and on Appropriations of the Senate and House of Representatives, by June 1, 1984, a comprehensive report on the management by the Department of Defense of acquisition of initial and replenishment spare parts and on the status of efforts within the Department of Defense (including particularly the De- fense Logistics Agency and the military departments) to correct problems associated with increased costs of such parts. The Secre- tary shall include in such report the following: (1) An analysis of the extent of overcharging on spare parts and shortages of spare parts. (2) The status of efforts (if any) to ensure that procurement method codes (PMCs) used to denote the method of procurement for spare parts are accurately and appropriately applied. (3) With respect to technical data required by a contract to be delivered to the Department of Defense, the status of efforts (if any) to identify and obtain such data that are missing and to identify and correct such data that are inaccurate or incomplete. (4) The status of efforts to enhance the Department of Defense High-Dollar Spare Parts Breakout Program. (5) The organizational identity of personnel assigned to the efforts referred to in paragraphs (1) through (4).

�


text:
Page:Dictionary of National Biography volume 62.djvu/295

 the rectory of Gumfreston on 10 Aug. 1665 (Episcopal Acts at Diocesan Registry, Carmarthen), belonged to the Wogans of Lisburn in Ireland. On his death in 1685 the family was dispersed; the elder brother, also called Ethelred, going to Lisburn (where he died on 10 April 1712), while William was sent to an uncle (probably his mother's brother), Robert Williams of Cefn-gorwydd in the parish of Loughor, Glamorganshire (cf., Glamorgan Genealogies, p. 561). He was educated first under a quaker schoolmaster in this neighbourhood, and then at the newly established grammar school of Swansea. In 1694 he was admitted scholar of Westminster, and became captain of the school, proceeding thence in 1700 to Trinity College, Cambridge (, Alumni Westmon. pp. 225, 237). While here he contributed some verses to the Cambridge poems on the death of the Duke of Gloucester. He left, without taking his degree, to become tutor in the family of Sir Robert Southwell [q. v.], and in 1710 became clerk to his son, who was then secretary to the Duke of Ormond, lord lieutenant of Ireland. This took him to Ireland, where he soon after entered the army, and was for years stationed at Dublin. On 7 Dec. 1718 he married Catherine Stanhope, a friend and protégée of Lady Elizabeth Hastings. By her (who died on 19 June 1726) he had an only daughter, who was married to Robert Baynes, rector of Stonham Aspal, Suffolk. From about 1727 on, Wogan lived at Ealing in Middlesex, but died at his daughter's house at Stonham Aspal on 24 Jan. 1758, and was buried at Ealing on 29 Jan.

Wogan was a man of distinguished piety, and was on intimate terms with many of the evangelical leaders of the time, a selection from his correspondence with Whitefield and Wesley being printed in his ‘Life.’ His MS. correspondence with Sir Robert Southwell was purchased by the British Museum at the sale of Sir Thomas Phillipps's MSS. (18 June 1908). In his retirement at Ealing he wrote a large number of religious works, including the following: 1. ‘A Penitential Office,’ London, 1721, 12mo. 2. ‘The Right Use of Lent, or Help to Penitents,’ London, 1732, 8vo. 3. ‘Character of the Times delineated,’ London, 1735, 8vo. 4. ‘Scripture Doctrine of Predestination, Election, and Reprobation;’ new ed. Carmarthen 1824; in Welsh 1808 and 1810 (Cat. Cardiff Welsh Library). 5. ‘Essay on the Proper Lessons of the Church of England.’ This, his most important work, was first published anonymously in 1753 in four volumes (London, 8vo), but to the second edition published after his death in 1764 his name was attached. It was also published in Dublin in 1768, and an edition described as the third was brought out in 1818 (London, 4 vols.), to which is prefixed a memoir of the author by James Gatliff. At least four other editions have been subsequently published (, s.v.;, Dict. of Engl. Lit.) He also left several works in manuscript, one of which, entitled ‘Penitential Offices for the Season of Lent,’ compiled about 1748, is at present in the possession of the Rev. W. G. D. Fletcher of St. Michael's, Shrewsbury.

[The chief authority is Gatcliff's Life of William Wogan, Esq., mentioned above. See also Williams's Eminent Welshmen, p. 543.]

WOIDE, CHARLES GODFREY (1725–1790), oriental scholar, a native of Poland, was born on 4 July 1725. He was educated at the universities of Frankfort an der Oder and Leyden, and then became minister of the Socinian church at Lissa in Poland, near the border of Silesia. In 1750, while he was residing at Leyden, he began to transcribe the ‘Lexicon Ægyptiaco-Latinum’ of Martinus Veyssiere la Croze, and, under the tuition of Christianus Scholtz, became an expert in the language of Lower Egypt.

From June 1770 Woide held the post of preacher at the Dutch chapel royal in St. James's Palace, London, and soon afterwards joined with it the duties of reader. On the recommendation of the archbishop of Canterbury, Bishop Lowth, and Lord North, he worked in the libraries of Paris, at the expense of George III, for four months in 1773 and 1774, studying oriental manuscripts, and on his return sent to the ‘Journal des Savans’ a short article on La Croze's lexicon and on the scholars best acquainted with the languages of ancient Egypt. He had now perfected himself in the Sahidic language of Upper Egypt. At a later date he also served as reader and chaplain of the reformed protestant church in the Savoy, London.

In 1775 the university of Oxford published at the Clarendon Press the ‘Lexicon Ægyptiaco-Latinum,’ which La Croze had drawn up and Scholtz had revised. Woide was engaged to edit the work, and he added to it notes and indexes. He then reduced from four volumes into one the manuscript ‘Grammatica Ægyptiaca utriusque Dialecti’ of Scholtz, and illustrated it with notes. It was published in 1778 by the Clarendon Press under Woide's supervision, the Sahidic portion being entirely his own work. About 1778 he was living at 5 Lisson Street, Paddington. On 12 Feb. in that year he was elected F.S.A.


text:
Page:United States Statutes at Large Volume 97.djvu/721

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 689 (6) A brief summary of any audit, investigation, or study relating to the acquisition or management of spare or replenish- ment parts conducted by or for any organization within the Department of Defense during the period beginning on the date of the interim report required in subsection (b) and ending on the date of the submission of the report under this subsection, to be accompanied by a copy of all current regulations or proposed defense regulations relating specifically to the acquisition or management of spare or replenishment parts. (7) An analysis of the feasibility and desirability of establish- ing a statutory or contractual time limit on the protection from disclosure outeide the Department of Defense given technical data delivered by contractors to the Department of Defense with limited rights (as defined in the Defense Acquisition Regulations). (8) An analysis of the feasibility and desirability of withhold- ing Department of Defense contracts from contractors who have obtained unreasonable profits on defense contracts or have sold items to the Department of Defense at unjustifiable prices, until any such excess amounts have been repaid. (b) Not later than December 1, 1983, the Secretary shall submit to the committees named in subsection (a) an interim report stating briefly the actions being taken by the Department of Defense to improve the acquisition and management of spare parts by the Department. Such interim report shall include the identity of any working groups and a description of any studies being done. (c) The Secretary of Defense shall put into effect at the earliest practicable date policies and procedures to achieve a long-term solution to problems relating to excessive costs of, and long lead times in the acquisition of, initial and replenishment spare parts. In formulating such policies and procedures, the Secretary shall con- sider the following recommendations: (1) Parts should be acquired competitively whenever feasible and practicable. (2) Parts should be acquired through Federal Supply Sched- ules and the Department of Defense supply system. (3) Parts should be acquired in economic order quantities and on a multiyear basis whenever feasible and practicable. (4) On all major system acquisitions, contractors should be required to identify in their contract proposals the cost to the Government of acquiring unlimited rights in technical data and the extent to which the contractor uses standard commercial products in order to allow the Government to assess the desir- ability of acquiring those unlimited rights and to enable the Government to assess properly the total lifecycle cost of the system. (5) Contractors should be required to identify the manufac- turer of a part and the manufacturer's part number. (6) Consideration should be given early in the acquisition process to determinations of whether acquisition of unlimited rights in technical data is desirable, taking into consideration that the cost of acquiring reprocurement data may in some instances outweigh the benefits to be derived from such acquisition. (7) When unlimited data rights in technical data are acquired from a contactor, the contractor should be required to provide to Interi m report submittal to congressional committees.

�


text:
Page:United States Statutes at Large Volume 97.djvu/722

 97 STAT. 690 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 140c. Regulations. Publication in Federal Register. "Technical data with military or space appli- cation.' the Government data necessary to incorporate changes in design or technology. (8) Before ordering any spare part, the contracting officer should review the acquisition history of that part. AUTHORITY TO WITHHOLD FROM PUBLIC DISCLOSURE CERTAIN TECHNICAL DATA SEC. 1217. (a) Chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 140c. Secretary of Defense: authority to withhold from public disclosure certain technical data "(a) Notwithstanding any other provision of law, the Secretary of Defense may withhold from public disclosure any technical data with military or space application in the possession of, or under the control of, the Department of Defense, if such data may not be exported lawfully outside the United States without an approval, authorization, or license under the Export Administration Act of 1979 (50 U.S.C. App. 2401-2420) or the Arms Export Control Act (22 U.S.C. 2751 et seq.). However, technical data may not be withheld under this section if regulations promulgated under either such Act authorize the export of such data pursuant to a general, unre- stricted license or exemption in such regulations. " (b)(1) Within 90 days after enactment of this section, the Secre- tary of Defense shall propose regulations to implement this section. Such regulations shall be published in the Federal Register for a period of no less than 30 days for public comment before promulga- tion. Such regulations shall address, where appropriate, releases of technical data to allies of the United States and to qualified United States contractors, including United States contractors that are small business concerns, for usc in performing United States Gov- ernment contracts. "(2) In this section, 'technical data with military or space applica- tion' means any blueprints, drawings, plans, instructions, computer software and documentation, or other technical information that can be used, or be adapted for use, to design, engineer, produce, manufacture, operate, repair, overhaul, or reproduce any military or space equipment or technology concerning such equipment.'. (b) The table of sections at the beginning of chapter 4 of such title is amended by adding at the end thereof the following new item: "140c. Secretary of Defense: authority to withhold from public disclosure certain technical data.". USE OF POLYGRAPHS BY THE DEPARTMENT OF DEFENSE SEC 1218. (a) The Secretary of Defense may not, before April 15, 1984, use, enforce, issue, implement, or otherwise rely on any rule, regulation, directive, policy, decision, or order that would permit the use of polygraph examinations in the case of civilian employees of the Department of Defense or members of the Armed Forces in any manner or to any extent greater than was permitted under rules, regulations, directives, policies, decisions, or orders of the Depart- ment of Defense in effect on August 5, 1982. (b) The restrictions prescribed in subsection (a) with respect to the use of polygraph examinations in the Department of Defense shall

�


text:
Page:Second Geological Survey of Pennsylvania Report of Progress PPP.djvu/20

''Ceratiocaris? punctatus'',. Sixteenth Rep. N. Y. State Cab. Nat. Hist., p. 74. 1863.

Ceratiocaris armatus,. Sixteenth Rep. N. Y. State Cab. Nat. Hist., p. 72. 1863.

Ceratiocaris armatus,. Illustrations of Devonian Fossils. Explanation of Pl. 23, Figs. 4, 5. 1876.

Ceratiocaris (Aristozoe,) punctatus,. Illustrations of Devonian Fossils. Expl. Plate 23, Fig. 7. 1876.

Echinocaris punctatus,. Am. Jour. Sci., 3d Ser., Vol. XIX, p. 7. 1880.

obliquely subovate in outline; widest just posterior to the middle, width about two-thirds of the greatest length, which is four-fifths of the free segments of the abdomen; compressed on the anterior half, becoming regularly convex over the posterior portion.

Dorsal line straight, about equal to the width of the valves, situated anteriorly, so that one-third the length of the valves projects beyond the posterior extremity of the hinge.

Margins distinctly marked by a thickening of the test, rounded in front, making a broad curve along the lower edge of the valve, more rapidly curving around the lower posterior portion, and extending in nearly a straight line to the extremity of the dorsal line.

The cephalic portion of the carapace is distinctly marked by a furrow beginning at a point a little anterior to the middle of the dorsal line, curving outward and extending to a point on the lower anterior margin of the valve. This area, therefore, occupies the upper anterior portion of each valve, and is of a broad triangular form with curved sides. It is ornamented by a large rounded elevation, narrow


text:
Page:United States Statutes at Large Volume 97.djvu/723

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 691 not apply to the National Security Agency of the Department of Defense. AUTHORITY TO PROVIDE ROUTINE PORT SERVICES TO NAVAL VESSELS OF ALUED COUNTRIES AT NO COST SEC. 1219. (a) Section 7227(b) of title 10, United States Code, is (1) by inserting "(1)" after "(b)"; ^d (2) by adding at the end thereof the following new paragraph: "(2)(A) When furnishing routine port services under this section to naval vessels of an allied country, the Secretary may furnish such services without reimbursement if such services are provided under an agreement that provides for the reciprocal furnishing by such country of routine port services to naval vessels of the United States without reimbursement. If routine port services are furnished under this section by a working-capital fund activity of the Navy estab- lished under section 2208 of this title and such activity is not reimbursed directly for the costs incurred by the activity in furnish- ing those services by reason of this paragraph, the working-capital fund activity shall be reimbursed for such costs out of operating funds currently available to the Navy. "(B) In this paragraph, 'allied country' means any of the following: "(i) A country that is a member of the North Atlantic Treaty Organization. "(ii) Australia or New Zealand. "(iii) Any other country designated as an allied country for the purposes of this paragraph by the Secretary of Defense with the concurrence of the Secretary of State.". (b) The amendments made by subsection (a) shall take effect on October 1, 1983. RECIPROCAL COMMUNICATIONS SUPPORT SEC. 1220. (a) During fiscal year 1984, the Secretary of Defense, subject to the concurrence of the Secretary of State, may enter into an agreement with the Government of any allied country under which the United States agrees to provide communications support and related supplies and services to such country in return for the reciprocal provision to the United States of an equivalent value of communications support and related supplies and services by such country. (b) In this section, "allied country" means any of the following: (1) A country that is a member of the North Atlantic Treaty Organization. (2) Australia or New Zealand. 10 USC 2208. "Allied country." Effective date. 10 USC 7227 note. "Allied country.' TWO-YEAR EXTENSION OF PROHIBITION ON CONTRACTS FOR THE PERFORMANCE OF FIREFIGHTING AND SECURITY FUNCTIONS SEC. 1221. (a) Except as provided in subsection (b), funds appropri- ated to the Department of Defense may not be obligated or expended before October 1, 1985, for the purpose of entering into a contract for the performance of firefighting or security-guard functions at any military installation or facility. (b) The prohibition in subsection (a) does not apply—

�


text:
Page:United States Statutes at Large Volume 97.djvu/724

 97 STAT. 692 PUBLIC LAW 98-94—SEPT. 24, 1983 Report to Congress. (1) to a contract to be carried out at a location outside the United States (including its commonwealths, territories, and possessions) at which military personnel would have to be used for the performance of the function described in subsection (a) at the expense of unit readiness; (2) to a contract to be carried out on a Government-owned but privately operated installation; or (3) to a contract (or the renewal of a contract) for the perform- ance of a function under contract on the date of the enactment of this Act. (c) Not later than March 1, 1984, the Secretary of Defense shall submit to Congress a written report containing an assessment of the special needs of the Department of Defense with respect to firefight- ing and base security and an assessment of how those needs are met by both Federal employees and contract personnel. The report shall be prepared in consultation with the Administrator of the United States Fire Administration of the Federal Emergency Management Agency. Submittal to Cong ress. REPORT ON COST SAVINGS UNDER CONTRACTING OUT PROCEDURES SEC. 1222. (a) Not later than April 15, 1984, the Secretary of Defense shall submit a report to Congress describing the experience of the Department of Defense since January 1, 1981, with conversion to contractor operation of commercial or industrial type functions of the Department of Defense which previously had been performed by Department of Defense civilian or military personnel. (b)(1) The report under subsection (a) shall include with respect to each function of the Department of Defense converted to contractor operation since January 1, 1981— (A) the estimated cost (as of the date of the award of the contract) of performance of the function by the Government; (B) the contractor's estimated cost of performance of the function in the bid of the contractor; (C) the actual cost (as of the end of the contract or the date of the report) of contractor operation of such function; and (D) the savings (shown in dollars and as a percentage) for the operation of such function since conversion to contractor per- formance. (2) The report shall also show— (A) the average savings (shown in dollars and as a percentage) of all functions converted to contractor performance since Janu- ary 1, 1981, as projected at the time of contracting and as realized at the end of the contract or the date of the report; (B) the dollar amount and percentage of such contracts awarded to small businesses; and (C) the number of Federal employees whose employment by the Government was terminated as a result of conversion of such functions to contractor performance. EXTENSION OF PERIOD FOR TRANSFER OF DEFENSE DEPENDENTS EDUCATION SYSTEM TO DEPARTMENT OF EDUCATION SEC. 1223. Section 302(a) of the Department of Education Organi- zation Act (20 U.S.C. 3442(a)) is amended by striking out "not later than May 4, 1984" and inserting in lieu thereof "not earlier than May 4, 1986".

�


text:
Page:United States Statutes at Large Volume 97.djvu/725

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 693 FORCE STRUCTURE CHANGES, AIR FORCE SEC. 1224. None of the funds appropriated pursuant to an authori- zation contained in this or any other Act for operation and mainte- nance for the Air Force may be obligated or expended to carry out alterations in the planned changes with respect to F-106 and F-15 aircraft announced by the Air Force on January 31, 1983, in its plan for "Tactical and Air Defense Force Structure Changes" to be carried out at K. L Sawyer Air Force Base, Michigan, until— (1) the Secretary of the Air Force has conducted a study of the cost benefit, cost effectiveness, and military effectiveness of those proposed alterations to such plan and has submitted a written report to Congress, in conjunction with the submission of the Department of Defense's budget request for funds for fiscal year 1986 or any subsequent fiscal year, containing the results of such study, including an analysis of— (A) the impacts on the regional economy of the area that would be affected by those proposed alterations to such plan and of the nonmilitary costs to the United States, including increases in Federal outlays for unemployment compensa- tion, for other benefits and services to individuals and communities, and for economic adjustment activities; and (B) the environmental, strategic, and operational conse- quences of those proposed alterations to such plan; and (2) a period of 60 days has expired after the date on which such report is received by the Congress in order to provide the appropriate committees of Congress with ample opportunity to consider fully the fiscal, economic, environmental, and military ramifications of those proposed alterations to the plan an- nounced January 31, 1983. Funding restriction. Report to Congress. PART C—PROVISIONS RELATING TO SPECIFIC PROGRAMS LIMITATION ON DEPLOYMENT OF MX MISSILE; DEVELOPMENT OF SMALL MOBILE MISSILE SEC. 1231. (a) The Secretary of Defense may not deploy more than 10 MX missiles until— (1) demonstration of subsystems and testing of components of the small mobile intercontinental ballistic missile system (in- cluding missile guidance and propulsion subsystems) have oc- curred; and (2) nuclear effects tests on the components and subsystems of the prototype mobile transporter-launcher basing system and fixed basing system for the small missile have been carried out using full-scale tests, when practicable, and otherwise using scaled tests. (b) The Secretary of Defense may not deploy more than 40 MX missiles until— (1) the major elements (including the guidance and control subsystems) of a mobile missile weighing less than 33,000 pounds as a part of an intercontinental ballistic missile system have been flight tested; (2) the major elements of the prototype small mobile intercon- tinental ballistic missile system (including the missile, the pro- totype mobile transporter-launcher basing system and fixed basing system, and the command, control, and communications

�


text:
Page:United States Statutes at Large Volume 97.djvu/726

 97 STAT. 694 PUBLIC LAW 98-94—SEPT. 24, 1983 Report to congressional committees. Report to Congress. Written assessment. system) have been designed and functionally integrated and the system has been validated; (3) contractors for the full-scale engineering development of • such a missile system have been selected and contracts have been awarded to those contractors; and (4) full-scale engineering development of such a missile system has begun. (c)(l) Not later than January 15 of each year from 1984 through 1988, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report— (A) on the progress being made with respect to the develop- ment and deployment of the MX missile system; (B) on the progress being made with respect to the develop- ment and testing of a small mobile intercontinental ballistic missile system; and (C) on developments related to silo-hardening technoloffi^. (2) In each report under paragraph (1), the Secretary shall certify whether the Department of Defense is developing a small mobile intercontinental ballistic missile system with a missile that weighs ,no more than 33,000 pounds and that is planned to carry no more than a single warhead. (d) If at any time during the development of the small mobile intercontinental ballistic missile it appears that the weight of the missile when deployed will exceed 30,000 pounds, the Secretary of Defense shall submit a report to Congress stating the projected weight of the missile and providing an explanation of the reasons for the weight exceeding 30,000 pounds and the anticipated effects that weight could have on the mobility and blast resistance of the missile system. (e) The President shall submit to the Committees on Armed Services of the Senate and the House of Represent|itives, coincident with the submission to the Congress of any request made after the date of the enactment of this Act for funds for th* procurement of operational MX missiles intended for deployment, a written assess- ment relating to the requirement for and the anticipated impact of the procurement of such missiles. This assessment shall include the President's judgment with respect to— (A) the degree to which current and projected international conditions require the procurement of such rtiissiles for oper- ational purposes; (B) the expected impact the procurement of such missiles will have on the stability of the strategic balance between the United States and the Soviet Union; and (C) the effect the procurement of such missiles, if approved by the Congress, will likely have on achieving negotiated reduc- tions in the nuclear forces of the United States and the Soviet Union through sound, equitable, and verifiable arms control agreements. SMALL, MOBILE, SINGLE WARHEAD ICBKIS SEC. 1232. It is the sense of the Congress that the design, develop- ment, and testing of small, mobile, single warhead intercontinental ballistic missiles (ICBMs) be pursued as a matter of the highest national priority. To achieve this objective, the administration should proceed without delay to engineering design of a small, single

�


text:
Page:United States Statutes at Large Volume 97.djvu/727

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 695 warhead ICBM capable of mobile deployment. Key elements of such a program which should be pursued immediately include missile design, guidance accuracy, hardened mobile transporter design, mobile basing and survivable Communication, Command and Con- trol (C^). Program emphasis should be consistent with past top national priorities such as Polaris, Minuteman, and Apollo, and program management structure should also reflect such priority. The Department of Defense should set forth funding and production schedules consistent with the earliest possible Initial Operational Capability (IOC), at or prior to 1992, in its submission to Congress to authorize appropriations for fiscal year 1985. LIMITATION ON PROCUREMENT OF BINARY CHEMICAL WEAPONS SEC. 1233. (a) Notwithstanding any other provision of law, no funds may be obligated or expended after the date of the enactment of this Act for the production of binary chemical weapons unless the President certifies to the Congress that for each 155-millimeter binary artillery shell or aircraft-delivered binary aerial bomb pro- duced a serviceable unitary artillery shell from the existing arsenal shall be rendered permanently useless for military purposes. (b)(1) Funds appropriated pursuant to the authorization of appro- priations for the Army in section 101 of this Act may be used for the establishment of a production base for binary chemical munitions and for the procurement of components for lo5-millimeter binary chemical artillery projectiles, but such funds may not be used for the actual production of binary chemical munitions before Octo- ber 1, 1985. (2) Notwithstanding the provisions of paragraph (1), before the production of binary chemical munitions may begin after September 30, 1985, the President must certify to Congress in writing that, in light of circumstances prevailing at the time the certification is made, the production of such munitions is essential to the national interest. (3) For purposes of this subsection, "production of binary chemical munitions" means the final assembly of weapon components and the filling or loading of components with binary chemicals. 50 USC 1519a. Ante, p. 618. Written certifications to Congress. "Production of binary chemical munitions. " PROHIBITION AGAINST USING FUNDS APPROPRIATED FOR THE ADVANCED TECHNOLOGY BOMBER PROGRAM FOR ANY OTHER PURPOSE SEC. 1234. None of the funds appropriated pursuant to an authori- zation of appropriations in this Act to carry out the Advanced Technology Bomber program may be used for any other purpose. ESTABLISHING CRITERIA GOVERNING THE TEST OF ANTISATELLITE WARHEADS SEC. 1235. Notwithstanding any other provision of law, none of the funds appropriated pursuant to an authorization contained in this or any other Act may be obligated or expended to test any explosive or inert antisatellite warheads against objects in space unless the President determines and certifies to the Congress— (1) that the United States is endeavoring, in good faith, to negotiate with the Soviet Union a mutual and verifiable ban on antisatellite weapons; and Funding restriction. 10 USC 139 note.

�


text:
Page:United States Statutes at Large Volume 97.djvu/728

 97 STAT. 696 PUBLIC LAW 98-94—SEPT. 24, 1983 (2) that, pending agreement on such a ban, testing of explosive or inert antisatellite warheads against objects in space by the United States is necessary to avert clear and irrevocable harm to the national security. Fundi ng restriction. REQUIREMENT FOR THE USE OF COMPETITIVE BIDDING PROCEDURES FOR THE LEASE OF CT-39 REPLACEMENT AIRCRAFT SEC. 1236. None of the funds appropriated pursuant to an authori- zation of appropriations contained in this Act may be used by the Air Force for the lease of any CT-39 replacement aircraft unless competitive bidding procedures are followed in the awarding of the lease for such aircraft and the bidding on the lease is open to all qualified domestic firms. Such bidding procedures shall include consideration of the total costs to the Government of leasing such aircraft, including maintenance, logistics and training costs. LIMITATION ON WAIVERS OF COST-RECOVERY REQUIREMENTS UNDER ARMS EXPORT CONTROL ACT SEC. 1237. The authority of the President under section 21(e)(2) of 22 USC 2761. the Arms Export Control Act may be exercised without regard to the limitation imposed by section 770 of the Department of Defense Appropriation Act, 1983 (as contained in Public Law 97-377; 96 Stat. 1862). WAIVER OF LIMITATION ON FOREIGN MILITARY SALES PROGRAM SEC. 1238. The Arms Export Control Act shall be administered as if section 747 of the Department of Defense Appropriation Act, 1983 (as contained in Public Law 97-377; 96 Stat. 1858) had not been enacted into law. F/A-18 AIRCRAFT PROGRAM SEC. 1239. The Secretary of the Navy may carry out the F/A-18 aircraft program without regard to the first proviso in the para- graph under the heading "AIRCRAFT PROCUREMENT, NAVY" in title IV (procurement) of the Department of Defense Appropriation Act, 1983 (as contained in Public Law 97-377; 96 Stat. 1841). STUDY TO RE-ESTIMATE THE COST OF THE B-IB BOMBER PROGRAM SEC. 1240. (a) The Secretary of Defense shall conduct a detailed financial analysis on the projected cost of procuring 100 B-IB bomber aircraft and, on the basis of such analysis, shall as necessary make any revisions to the estimate of the total projected cost for the procurement of such aircraft certified to by the President on Janu- ary 18, 1982. Report to (b) The Secretary shall submit a written report to the Congress Congress. J^Q^ more than 60 days after the date of the enactment of the Department of Defense Appropriation Act for fiscal year 1984, but in no event later than January 31, 1984, setting forth the results of the analysis required under subsection (a). The Secretary shall include in such report the new estimate of the projected total cost for the procurement of 100 B-IB aircraft. Review. (c) The Secretary shall transmit a copy of the report referred to in subsection (b) to the Comptroller General of the United States for

�


text:
Page:United States Statutes at Large Volume 97.djvu/729

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 697 his review and shall make available to the Comptroller General (consistent with those provisions of title 31, United States Code, replacing the Budget and Accounting Act, 1921, and provisions of law contained in the amendments made by Public Law 96-226) such additional data and information as the Comptroller Ceneral requires for the purposes of his review. Such data and information Nondisclosure of as the Comptroller General receives under this section shall not be information. disclosed to anyone other than those persons specially designated by the Comptroller Gteneral to have access to that data and informa- tion. Any report by the Comptroller General concerning data and information provided pursuant to this section may, consistent with the classification of such report, be provided to the Congress and shall be prepared with due regard to the sensitivity of the informa- tion received in such a manner as to avoid disclosure of data which could adversely affect ongoing contract negotiations or the national security. PART D—MISCELLANEOUS ENDORSEMENT OF REPORT ON IMPROVED STRATEGIC COMMUNICATIONS SEC. 1251. (a) The Congress finds that the report to the Congress by the Secretary of Defense entitled "Direct Communications Links and Other Measures to Enhance Stability", dated April 11, 1983, and submitted to the Congress pursuant to section 1123 of the Depart- ment of Defense Authorization Act, 1983 (Public Law 97-252; 96 Stat. 756), contains several significant proposals that if implemented would, taken tc^ether, make significant progress toward eliminating the danger of accident or misinterpretation leading to nuclear war. Among the proposals in that report that Congress specifically finds constructive are proposals— (1) to enhance the speed and quality of communications be- tween the Governments of the United States and the Soviet Union; (2) to establish a communications link between the senior military commands of the United States and the Soviet Union; and (3) to develop a system of prior notification between the United States and the Soviet Union of missile launches and military exercises by either nation that could be misinterpreted by the other and therefore be destabilizing. (b) The Congress— (1) endorses the findings in the report described in subsection (a) and urges the President and the Secretary of Defense to implement as rapidly as possible the proposals made in that report; (2) suggests that, when practicable and not harmful to the national security of the United States, the United States should unilaterally implement confidence-building measures (such as prior notification of missile launches and military exercises) on a temporary, voluntary basis and should invite the Soviet Union to join in implementing those measures; and (3) endorses proposals that the United States, through its arms control negotiators, should seek a separate, limited agree- ment with the Soviet Union on confidence-building measures, such as those recommended in the report described in subsec- tion (a), designed to reduce the danger of accident or misinter- pretation leading to nuclear war.

�


text:
Page:United States Statutes at Large Volume 97.djvu/730

 97 STAT. 698 PUBLIC LAW 98-94—SEPT. 24, 1983 Demonstration projects. 42 USC 248d. 10 USC 1079. Report to congressional committees. Termination of facility status. Effective date. 10 USC 1071 et seq. PUBLIC HEALTH SERVICE HOSPITALS SEC. 1252. (a) The Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall conduct demonstra- tion projects for the purpose of comparing and evaluating the cost- effectiveness, accessibility, patient acceptance, and the quality of medical care contracted for by the Secretary of Defense under sections 1079 and 1086 of title 10, United States Code, with the medical care provided in those facilities deemed to be facilities of the uniformed services by virtue of section 911 of the Military Construc- tion Authorization Act, 1982 (42 U.S.C. 248c). The Secretary of Defense shall begin conducting such projects within one year after the date of the enactment of this section and continue conducting such projects for not less than three years. (b) The projects carried out by the Secretary of Defense under this subsection shall utilize various alternative mechanisms for the pay- ment of medical services provided eligible persons, including capita- tion, prospective payment, all-inclusive fee-for-service charges, and other concepts and programs consistent with the purpose of this section. (c) If the Secretary of Defense and the Secretary of Health and Human Services determine such action is necessary in order to permit a meaningful evaluation of alternative methods of providing medical care to persons eligible for such care under sections 1079 and 1086 of title 10, United States Code, they may jointly designate additional civilian medical facilities to be facilities of the uniformed services for the purposes of section 1079 of such title. The Secretary may designate a facility under the authority of this subsection for such purposes only if such action is agreed to by the governing body of the facility. (d) The Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall submit annually to the Commit- tees on Appropriations and on Armed Services of the Senate and the House of Representatives a written report on the results of the studies and projects carried out under this section. The first such report shall be submitted not later than one year after the date of the enactment of this section. The last such report shall be submit- ted not later than one year after the completion of all such studies and projects. (e) The Secretary of Defense and the Secretary of Health and Human Services may terminate, for purposes of chapter 55 of title 10, United States Code, the status of any facility referred to in subsection (a) or (c) to furnish medical or dental care to members and former members of the uniformed services or their dependents, and such termination may become effective at any time after De- cember 31, 1987. The termination of such status in the case of any such facility may be effected only by an order jointly issued by the Secretary of Defense and the Secretary of Health and Human Services which identifies the facility whose status is being termi- nated and specifies the date on which such status is being termina- ted. A copy of each such order shall be furnished to the affected facility and the Committees on Appropriations and on Armed Serv- ices of the Senate and the House of Representatives and shall become effective in accordance with the terms of the notice, but not earlier than six months following the date on which a copy of the notice has been furnished to the facility and the committees. Any facility described in subsection (a) or designated under subsection (c)

�


text:
Page:United States Statutes at Large Volume 97.djvu/731

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 699 may terminate its status or designation made under that subsection at any time after the expiration of six months following the date on which a copy of the order terminating the status or designation has been furnished the facility. (f) Section 911(b) of the Military Construction Authorization Act, 1982 (42 U.S.C. 248c(b)), is amended by striking out "at any time after" and all that follows through the end of the second sentence and inserting in lieu thereof: "as provided for in section 1252(e) of the Department of Defense Authorization Act, 1984.". EMPLOYMENT PROTECTION FOR CERTAIN NONAPPROPRIATED FUND INSTRUMENTALITY EMPLOYEES SEC. 1253. (a)(1) Chapter 81 of title 10, United States Code, is amended by adding at the end thereof the following new section: " (a) In this section: "(1) 'Nonappropriated fund instrumentality employee' means a civilian employee who is paid from nonappropriated funds of Army and Air Force Exchange Service, Navy Resale and Serv- ices Support Office, Marine Corps exchanges, or any other instrumentality of the United States under the jurisdiction of the armed forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces. "(2) 'Civilian employee* has the meaning given the term 'employee' by section 2105(a) of title 5. "(3) 'Personnel action', with respect to a nonappropriated fund instrumentality employee (or an applicant for a position as such an employee), means— "(A) an appointment; " (B) a promotion; "(C) a disciplinary or corrective action; "(D) a detail, transfer, or reassignment; "(E) a reinstatement, restoration, or reemployment; "(F) a decision concerning pay, benefits, or awards, or concerning education or training if the education or train- ing may reasonably be expected to lead to an appointment, promotion, or other action described in this paragraph; and "(G) any other significemt change in duties or responsibil- ities that is inconsistent with the employee's salary or grade level. "(b) Any civilian employee or member of the armed forces who has authority to take, direct others to take, recommend, or approve any personnel action shall not, with respect to such authority, take or fail to take a personnel action with respect to any nonappropriated fund instrumentality employee (or any applicant for a position as such an employee) as a reprisal for— "(1) a disclosure of information by such an employee or applicant which the employee or applicsmt reasonably believes evidences— "(A) a violation of any law, rule, or regulation; or "(B) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; 10 USC 1587. Definitions. 5 USC 2105. Disclosure of information.
 * § 1587. Employees of nonappropriated fund instrumentalities

�


text:
Page:United States Statutes at Large Volume 97.djvu/732

 97 STAT. 700 PUBLIC LAW 98-94—SEPT. 24, 1983 Prevention of prohibited actions. Regulations. 10 USC 1587 note. if such disclosure is not specifically prohibited by law and if the information is not specifically required by or pursuant to execu- tive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or "(2) a disclosure by such an employee or applicant to any civilian employee or member of the armed forces designated by law or by the Secretary of Defense to receive disclosures de- scribed in clause (1), of information which the employee or applicant reasonably believes evidences— "(A) a violation of any law, rule, or regulation; or ''(B) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. "(c) This section does not apply to an employee in a position excluded from the coverage of this section by the President based upon a determination by the President that the exclusion is neces- sary and warranted by conditions of good administration. "(d) The Secretary of Defense shall be responsible for the preven- tion of actions prohibited by subsection (b) and for the correction of any such actions that are taken. The authority of the Secretary to correct such actions may not be delegated to the Secretary of a military department or to the Assistant Secretary of Defense for Manpower and Logistics. "(e) The Secretary of Defense, after consultation with the Director of the Office of Personnel Management and the Special Counsel of the Merit Systems Protection Board, shall prescribe regulations to carry out this section. Such r^ulations shall include provisions to protect the confidentiality of employees and applicants making disclosures described in clauses (1) and (2) of subsection (b).". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1587. Employees of nonappropriated fund instrumentalities.". (b) Section 1587 of such title, as added by subsection (a), shall apply with respect to any conduct prohibited by subsection (b) of such section which occurs after the date of the enactment of this Act. 48 FR 31175. EXTENSION OF THE GRACE PERIOD FOR THE ENFORCEMENT OF THE PRO- VISIONS RELATING TO THE FAILURE TO REGISTER AND THE DENIAL OF FEDERAL EDUCATIONAL ASSISTANCE SEC. 1254. The provision of the notice regarding the implementa- tion of regulations entitled "Student Assistance General Provisions; Registration With Selective Service" (48 Federal Register No. 130, July 6, 1983), relating to the schedule under which an institution of higher education may certify first and then inform the student of the requirement that the student file a Statement of Registration Compliance for the period prior to July 31, 1983, is extended from July 31, 1983, through September 30, 1983. IMPACT AID AUTHORIZATION SEC. 1255. (a)(1) Section 505(a)(l) of the Omnibus Budget Reconcili- 20 USC 237 note, ation Act of 1981 is amended by striking out "section 2" the second place it appears and inserting in lieu thereof "section 7". (2) Section 505(a)(l) of such Act is further amended—

�


text:
Page:United States Statutes at Large Volume 97.djvu/733

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 701 (A) by striking out "1983, and 1984" and inserting in lieu thereof "and 1983, and $565,000,000 for each of the fiscal years 1984 and 1985"; and (B) by inserting after "$10,000,000" in clause (A) the following: "for each of the fiscal years 1982 and 1983 and $20,000,000 for each of the fiscal years 1984 and 1985". (3)(A) Section 505(a)(3) of such Act is amended by striking out "or 20 USC 237 note. 1984" and inserting in lieu thereof "1984, or 1985". (B) Section 505(b) of such Act is amended by striking out "or 1984" 20 USC 238 note, and inserting in lieu thereof "1984, or 1985". (b) Section 3(d)(2)(E) of the Act of September 30, 1950 (Public Law 874, 81st Congress) is amended— 20 USC 238. (1) by inserting "or 1984" after "fiscal year 1983" in clause (ii); and (2) by striking out "1984" in clause (iii) and inserting in lieu thereof "1985". RETIREMENT DEDUCTIONS FROM THE PAY OF JUDGES OF THE UNITED STATES COURT OF MILITARY APPEALS SEC. 1256. (a) Section 8334 of title 5, United States Code, is amended— (1) in the first sentence of subsection (a)(1) by inserting "and a judge of the United States Court of Military Appeals" before the period; and (2) by adding at the end of the table contained in subsection (c) the following: "Judge of the United States 6 May 5, 1950, to October 31, 1956. Court of Military Appeals for service as a judge of that court. e'A November 1, 1956, to December 31, 1969. 7 January 1, 1970, to (but not including) the date of the enactment of the Department of Defense Authorization Act, 1984. 8 On and after the date of the enactment of the Department of Defense Authorization Act, 1984.". (b) Section 8336 of such title is amended— (1) by redesignating subsection (k) as subsection (1); and (2) by inserting after subsection (j) the following new subsec- tion (k): "(k) A judge of the United States Court of Military Appeals who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after completing the term of service for which he was appointed as a judge of such court is entitled to an annuity. A judge who is separated from the service before becoming 60 years of age is entitled to a reduced annuity.". (c) Section 8337(a) of such title is amended by inserting the following after the third sentence: "A judge of the United States Court of Military Appeals who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under section 867(a)(2) of title 10 shall be retired on the judge's own application or upon such removal.". 5 USC 8336. Annuities. 5 USC 8337. 10 USC 867.

�


text:
Page:United States Statutes at Large Volume 97.djvu/734

 97 STAT. 702 PUBLIC LAW 98-94—SEPT. 24, 1983 5 USC 8338. Annuities. 5 USC 8339. Annuity computation. Ante, p. 701. Supra. Effective date. 5 USC 8334 note. (d) Section 8338 of such title is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsec- tion (c): "(c) A judge of the United States Court of Military Appeals who is separated from the service after completing 5 years of civilian service is entitled to an annuity banning at the age of 62 years. A judge of such court who is separated from the service after complet- ing the term of service for which he was appointed is entitled to an annuity. If an annuity is elected before the judge becomes 60 years of age, it shall be a reduced annuity.". (e) Section 8339 of such title is amended— (1) in subsection (d), by adding at the end thereof the following new paragraph: "(6) The annuity of an employee who is a judge of the United States Court of Military Appeals, or a former judge of such court, retiring under this subchapter is computed under subsection (a) of this section, except, with respect to his service as a judge of such court, his service as a Member, his congressioned employee service, and his military service (not exceeding 5 years) creditable under section 8332 of this title, his annuity is computed by multiplying 2^2 percent of his average pay by the years of that service."; and (2) by adding at the end of subsection (h) the following new sentence: "The annuity computed under subsections (a), (d)(6), and (f) of this section for a judge of the United States Court of Military Appeals retiring under the second sentence of section 8336(k) of this title or the third sentence of section 8338(c) of this title is reduced by Via of 1 percent for each full month not in excess of 60 months, and Ve of 1 percent for each full month in excess of 60 months, the judge is under 60 years of age at the date of separation.". (f) The increase in deductions from the pay of a judge of the United States Court of Military Appeals required by section 8334(a) of title 5, United States Code, as amended by subsection (a), shall take effect with respect to the first pay period that begins after the date of the enactment of this Act. ONE-YEAR POSTPONEMENT FOR CERTAIN DEPOSITS FOR CIVIL SERVICE RETIREMENT CREDIT FOR MILITARY SERVICE SEC. 1257. Section 8334(j)(2KA) of title 5, United States Code, is amended by striking out "October 1, 1982" and inserting in lieu thereof "October 1, 1983". 5 USC 5332. Effective date. 5 USC 8141 note. COMPENSATION FOR INJURIES INCURRED IN THE PERFORMANCE OF DUTY BY MEMBERS OF THE CIVIL AIR PATROL SEC. 1258. (a) Section 8141 of title 5, United States Code, is amended— (1) in subsection (a), by inserting "under 18 years of age" after "Civil Air Patrol Cadet'^ and (2) in subsection (b)(D, by striking out "$300" and inserting in lieu thereof "the rate of basic pay payable for step 1 of grade GS-9 in the General Schedule under section 5332 of this title". (b)(l) The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

�


text:
Page:United States Statutes at Large Volume 97.djvu/735

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 70^ (2) The amendment made by subsection (a)(1) shall apply only to deaths or injuries occurring on or after the date of the enactment of this Act. (3) The amendment made by subsection (a)(2) shall apply only to the computation of compensation payable for periods commencing on or after the date of the enactment of this Act. REPEAL OF REQUIREMENT FOR RETIREE SUGGESTION PROGRAM SEC. 1259. (a) Section 2390 of title 10, United States Code, is repealed. (b) The table of sections at the banning of chapter 141 of such title is amended by striking out the item relating to section 2390. Repeal. OFFSHORE DRILUNG AFFECTING NAVAL OPERATIONS SEC. 1260. (a) The Secretary of the Navy shall submit a report to the Committees on Armed Services of the Senate and House of Representatives on the potential effect on naval operations of any proposed lease by the Department of the Interior of offshore lands for oil or gas drilling. (b) The Secretary of the Navy shall define offshore zones along the United States in which oil or gas drilling would cause appreciable impact on naval operations. The Secretary shall transmit to Con- gress and to the Secretary of the Interior a report describing the zones so established and the justification for each such zone. RESTORATION OF BEDFORD AIR FORCE STATION, VIRGINIA SEC 1261. The Secretary of the Air Force may remove from the site of the former Bedford Air Force Station, Virginia, the improve- ments made to that site by the Air Force and may restore the premises as provided in the license from the United States Forest Service of the Department of Agriculture authorizing the use of that site by the Air Force. PROHIBITION ON PURCHASE OF CERTAIN TYPEWRITERS SEC. 1262. None of the funds available to the Department of Defense shall be available for the procurement of manual typewrit- ers which were manufactured by facilities located within states which are signatories to the Warsaw Pact. Report transmittals. AWARD OF CAMPAIGN AND SERVICE MEDALS TO CERTAIN PERSONS SEC. 1263. (a) Section 401 of the GI Bill Improvements Act of 1977 (Public Law 95-202; 91 Stat. 1449; 38 U.S.C. 106 note) is amended by adding at the end thereof the following new subsection: "(c) Under regulations prescribed by the Secretary of Defense, any Regulations. person who is issued a discharge under honorable conditions pursu- ant to the implementation of subsection (a) of this section may be awarded any campaign or service medal warranted by such person's service. ". (b) The amendment made by subsection (a) shall apply to all 38 USC 106 note. persons issued discharges under honorable conditions pursuant to section 401 of the GI Bill Improvements Act of 1977, whether such 38 USC 106 note. discharges are awarded before, on, or after the date of the enact- ment of this Act.

�


text:
Page:United States Statutes at Large Volume 97.djvu/736

 97 STAT. 704 PUBLIC LAW 98-94—SEPT. 24, 1983 Appropriation authorization. Miniature duplicate bronze medals. COMMEMORATIVE MEDAL FOR FAMILIES OF AMERICAN PERSONNEL MISSING IN SOUTHEAST ASIA SEC. 1264. (a) The Congress finds and declares that— (1) 2,494 Americans, military and civilian, are listed as miss- ing or otherwise unaccounted for in Southeast Asia; (2) those missing or otherwise unaccounted for Americans have suffered untold hardship at the hands of a cruel enemy while in the service of their country; (3) the loyalty, hope, love, and courage of these families provide inspiration to all Americans; (4) the Congress and the people of the United States are committed to a full accounting for all Americans missing or otherwise unaccounted for in Southeast Asia; and (5) the service of those missing and otherwise unaccounted for Americans is deserving of special recognition by the Congress and all Americans. (b)(1)(A) The Speaker of the House of Representatives and the President pro tempore of the Senate are authorized jointly to present, on behalf of the Congress, to those American personnel listed as missing or otherwise unaccounted for in Southeast Asia, to be accepted by next of kin, bronze medals designed by an artist who is an in-theater Vietnam veteran, in recognition of the distinguished service, heroism, and sacrifice of these personnel, and the commit- ment of the American people to their return. For such purpose, the Secretary of the Treasury shall cause to be struck bronze medals. (B) There is authorized to be appropriated not to exceed $20,000 to carry out the provisions of subparagraph (A). (2) The Secretary of the Treasury may cause miniature duplicates in bronze of the medal provided for in paragraph (1) to be coined and sold, under such regulations as he may prescribe, at a price suffi- cient to cover the cost thereof (including labor, materials, dies, use of machinery, and overhead expenses), and the appropriation used for carrying out the provisions of this subsection shall be reimbursed out of the proceeds of such sale. (3) The medals provided for in this subsection are national medals for the purpose of section 5111 of title 31, United States Code. F. Edward Hebert School of Medicine. 10 USC 2112 note. NAME OF SCHOOL OF MEDICINE AT THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES SEC. 1265. The School of Medicine of the Uniformed Services University of the Health Sciences shall after the date of the enact- ment of this Act be known and designated as the "F. Edward Hebert School of Medicine". Any reference to such school of medicine in any law, regulation, map, document, or other record of the United States shall after such date be deemed to be a reference to such school of medicine as the F. Edward Hebert School of Medicine. ACCEPTANCE OF VOLUNTARY SERVICES FOR MILITARY MUSEUMS AND FAMILY SUPPORT PROGRAMS SEC. 1266. (a) Chapter 81 of title 10, United States Code, is amended by adding after section 1587 (as added by section 1253) the following new section:

�


text:
Page:United States Statutes at Large Volume 97.djvu/737

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 705 "§ 1588. Authority to accept certain voluntary services lo usc 1588. " (a) Notwithstanding section 1342 of title 31, the Secretary of a military department may accept from any person voluntary services to be provided for a museum or a family support program operated by that military department. "(b) A person providing voluntary services under subsection (a) shall be considered to be an employee for the purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and to 5 USC sioi et be an employee of the Government for the purposes of chapter 171 of Ifusc 2671 et title 28, relating to tort claims. Such a person who is not otherwise seq. employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such services.. (b) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1587 (as added by section 1253) the following new item: "1588. Authority to accept certain voluntary services.". REPORT ON PROPOSED LEGISLATION FOR CODIFICATION OF CERTAIN PROVISIONS OF LAW committees. SEC. 1267. The Secretary of Defense shall submit to the Commit- Submittal to tees on Armed Services of the Senate and the House of Representa- ^"Il^I^^i^"^' tives not later than February 1, 1984, proposed legislation for "" codification into appropriate titles of the United States Code, or for incorporation into other existing laws, those provisions of law that have been enacted during the past five years as a part of the annual Department of Defense Authorization Act or the annual Depart- ment of Defense Appropriation Act under the heading "General Provisions" and that in the opinion of the Secretary should be so codified or incorporated. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE SEC. 1268. Title 10, United States Code, is amended as follows: (1) Section 139hKgX2) is amended by striking out "procurment" and inserting in lieu thereof "procurement". (2) Section 140 is amended by striking out "of this section" in subsections (a) and (c). (3) Section 520(a) is amended— (A) by striking out "For the fiscal year beginning on October 1, 1980" and all that follows through "1982, the" and inserting in lieu thereof "The"; (B) by striking out "such fiscal year" the first place it appears in the last sentence and inserting in lieu thereof "any fiscal year"; and (C) by striking out "number of such" and all that follows through "into" in the last sentence and inserting in lieu thereof "total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in". (4) Section 1079 is amended— (A) by striking out "thirty" in subsections (a) and (d) and inserting in lieu thereof "30"; and (B) by striking out "of this section" in subsection (g). 11-194O-85—24:QL3

�


text:
Page:United States Statutes at Large Volume 97.djvu/738

 97 STAT. 706 10 USC 1081. Repeal. 10 USC 2116. PUBLIC LAW 98-94—SEPT. 24, 1983 (5)(A) The heading of section 1081 is amended by striking out the semicolon and the last word. (B) The item relating to that section in the table of sections at the beginning of chapter 55 is amended by striking out the semicolon and the last word. (6) Section 1085 is amended by inserting a comma after "or his dependent" the first place it appears. (7) Section 1090 is amended by striking out "(a)". (8) Section 1126(a)(l) is amended by striking out "Who" and inserting in lieu thereof "who". (9) Section 1489(a)(2) is amended by striking out "the date of the enactment of this section" and inserting in lieu thereof "October 14, 1980". (10) Section 2005 is amended— (A) by striking out "of this section" each place it appears in subsections (c) and (d); and (B) by striking out "section—" in subsection (e) and inserting in lieu thereof "section:". (11) Section 2101 is amended— (A) by striking out "chapter—" and inserting in lieu thereof "chapter:; (B) by striking out "'program'" and inserting in lieu thereof "'Program'"; (C) by striking out the semicolon at the end of paragraph (1) and inserting in lieu thereof a period; (D) by striking out " 'member'" and inserting in lieu thereof "'Member'"; (E) by striking out "; and" and inserting in lieu thereof a period; and (F) by striking out " 'advanced'" and inserting in lieu thereof'"Advanced"'. (12KA) Section 2116 is repealed. (B) The table of sections at the beginning of chapter 104 is amended by striking out the item relating to section 2116. (13) Section 2120 is amended by striking out "chapter—" and inserting in lieu thereof "chapter:".

�


text:
Page:United States Statutes at Large Volume 97.djvu/739

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 707 (14) Section 2134 is amended by striking out the second 10 USC 2134. sentence of such section. (15) The table of chapters at the beginning of subtitle A and the table of chapters at the beginning of part II of such subtitle are amended by striking out "and" in the item relating to chapter 60 and inserting in lieu thereof "or". Approved September 24, 1983. LEGISLATIVE HISTORY—S. 675 (H.R. 2969) (S. 1107) (H.R. 2797) (H.R. 2972): HOUSE REPORTS: No. 98-107 accompanying H.R. 2969 (Comm. on Armed Services) and No. 98-352 (Comm. of Conference). SENATE REPORTS: No. 98-174 (Comm. on Armed Services) and No. 98 -213 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 129 (1983): May 18, 26, June 14-16, July 20, 21, 26, H.R. 2969 considered and passed House. July 11-16, 18-22, 25, 26, S. 675 considered and passed Senate. July 29, S. 675 considered and passed House, amended, in lieu of H.R. 2969. Sept. 13, Senate agreed to conference report with an amendment. Sept. 15, House agreed to conference report and concurred in Senate amend- me nt.

�


text:
Page:United States Statutes at Large Volume 97.djvu/740

 97 STAT. 708 PUBLIC LAW 98-95—SEPT. 26, 1983 Public Law 98-95 98th Congress An Act Sept. 26, 1983 [S. 1872] Challenge Grant Amendments of 1983 20 USC 1001 note. To increase endowment funds for eligible individuals under part C of title m of the Higher Education Act of 1965. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Challenge Grant Amendments of 1983". SEC. 2. Part C of title III of the Higher Education Act of 1965 (hereinafter in this Act referred to as "the Act") is amended by adding after section 332 the following new section: ENDOWMENT GRANTS 20 USC 1065a. "SEC. 333. (a)(1) The purpose of this section is to establish a program to provide matching grants to eligible institutions of higher education in order to establish or increase endowment funds at such institutions, to provide additional incentives to promote fundraising activities by such institutions, and to foster increased independence and self-sufficiency at such institutions. Definitions. "(2) For purposes of this section: "(A) The term 'endowment fund' means a fund established by State law, by an institution of higher education, or by a founda- tion which is exempt from taxation and is maintained for the purpose of generating income for the support of the institution, but which shall not include real estate. "(B) The term 'endowment fund corpus' means an amount equal to the grant or grants awarded under this section plus an amount equal to such grant or grants provided by the institution. "(C) The term 'endowment fund income* means an amount equal to the total value of the endowment fund established under this section minus the endowment fund corpus. Post, p. 711. "(b)(1) From sums available for this section under section 347, the Secretary is authorized to award endowment grants to eligible institutions of higher education to establish or increase an endow- ment fund at such institution. Such grants shall be made only to eligible institutions described in paragraph (4) whose applications have been approved pursuant to subsection (g). Matching funds "(2) No institution shall receive a grant under this section, unless requirement. guch institution has deposited in its endowment fund established under this section an amount equal to the amount of such grant. The source of funds for this institutional match shall not include Federal funds or funds from an existing endowment fund. Grant period. "(3)(A) The period of a grant under this section shall be not more than twenty years. "(B) During the grant period, an institution may not withdraw or expend any of the endowment fund corpus. (C) After the termination of the grant period, an institution may usc the endowment fund corpus plus any endowment fund income for any educational purpose.

�


text:
Page:United States Statutes at Large Volume 97.djvu/741

 PUBLIC LAW 98-95—SEPT. 26, 1983 97 STAT. 709 " (4)(A) An institution of higher education is eligible to receive a Eligibility. grant under this section if it is an eligible institution as described in section 331(a)(l). 20 USC 1064. "(B) No institution shall be ineligible for an endowment grant for a fiscal year by reason of the previous receipt of such a grant, but no institution shall be eligible to receive such a grant for more than two fiscal years out of any period of five consecutive fiscal years. "(5) An endowment grant under this section to an eligible institu- tion year shall— "(A) not be less than $50,000 for any fiscal year; and "(B) not be more than (i) $250,000 for fiscal year 1984; or (ii) $500,000 for fiscal year 1985 or any succeeding fiscal year. "(6)(A) An eligible institution may designate a foundation, which was established for the purpose of raising money for the institution, as the recipient of the grant awarded under this section. "(B) The Secretary shall not award a grant to a foundation on behalf of an institution unless— " (i) the institution assures the Secretary that the foundation is legally authorized to receive the endowment fund corpus and is legally authorized to administer the fund in accordance with this section and any implementing regulations; "(ii) the foundation agrees to administer the fund in accord- ance with the requirements of this section and any implement- ing regulation; and "(iii) the institution agrees to be liable for any violation by the foundation of the provisions of this section and any implement- ing regulations, including any monetary liability that may arise as a result of such violation. "(c)(1) An institution awarded a grant under this section shall enter into an agreement with the Secretary containing satisfactory assurances that it will (A) immediately comply with the matching requirements of subsection (b)(2), (B) establish an endowment fund independent of any other such fund of the institution, (C) invest the endowment fund corpus, and (D) meet the other requirements of this section. "(2)(A) An institution shall invest the endowment fund corpus and investment endowment fund income in low-risk securities in which a regulated requirements. insurance company may invest under the law of the State in which the institution is located such as a federally insured bank savings account or comparable interest bearing account, certificate of depos- it, money market fund, mutual fund, or obligations of the United States. "(B) The institution, in investing the endowment fund established under this section, shall exercise the judgment and care, under the circumstances then prevailing, which a person of prudence, discre- tion, and intelligence would exercise in the management of his own affairs. "(3)(A) An institution may withdraw and expend the endowment fund income to defray any expenses necessary to the operation of such college, including expenses of operations and medntenance, administration, academic and support personnel, construction and renovation, community and student services programs, and techni- cal assistance. "(B)(i) Except as provided in clause (ii), an institution may not spend more than 50 per centum of the total aggregate endowment fund income earned prior to the time of expenditure. Agreement with Secretary.

�


text:
Page:United States Statutes at Large Volume 97.djvu/742

 97 STAT. 710 PUBLIC LAW 98-95 —SEPT. 26, 1983 Repayment. Audit and examination. Priority consideration. 20 USC 1057, 1060. Application. Grant termination and recovery. "(ii) The Secretary may permit an institution to spend more than 50 per centum of the endowment fund income notwithstanding clause (i) if the institution demonstrates such an expenditure is necessary because of (I) a financial emergency, such as a pending insolvency or temporary liquidity problem; (II) a life-threatening situation occasioned by a natural disaster or arson; or (III) another unusual occurrence or exigent circumstance. "(d)(1) If at any time an institution withdraws part of the endow- ment fund corpus, it shall repay to the Secretary an amount equal to 50 per centum of the withdrawn amount, which represents the Federal share, plus income earned thereon. The Secretary may usc such repaid funds to make additional endowment grants, or to increase existing endowment grants, to other eligible institutions. "(2) If an institution expends more of the endowment fund income than is permitted under subsection (c), the grantee shall repay the Secretary an amount equal to 50 per centum of the amount improp- erly expended (representing the Federal share thereof). The Secre- tary may usc such repaid fund to make additional endowment grants, or to increase existing endowment grants, to other eligible institutions. "(e) An institution receiving a grant under this section shall provide to the Secretary (or his designee) such information (or access thereto) as may be necessary to audit or examine expenditures made from the endowment fund corpus or income in order to determine compliance with this-section. "(f) In selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall— "(1) give priority to an applicant which is a recipient of a grant made under part A or B of this title during the academic year in which the applicant is applying for a grant under this section; and "(2) give priority to an applicant with a greater need for such a grant, based on the current market value of the applicant's existing endowment in relation to the number of full-time equivalent students enrolled at such institution; "(3) consider— "(A) the effort made by the applicant to build or maintain its existing endowment fund; and "(B) the degree to which an applicant proposes to match the grant with nongovernmental funds. "(g) Any institution which is eligible for assistance under this section may submit to the Secretary a grant application at such time, in such form, and containing such information as the Secre- tary may prescribe. Subject to the availability of appropriations to carry out this section and consistent with the requirement of subsec- tion (D, the Secretary may approve an application for a grant if an institution, in its application, provides adequate assurances that it will comply with the requirements of this section. "(h)(1) After notice and an opportunity for a hearing, the Secre- tary may terminate and recover a grant awarded under this section if the grantee institution— "(A) expends portions of the endowment fund corpus or expends more than the permissible amount of the endowment funds income as prescribed in subsection (c)(3); "(B) fails to invest the endowment fund in accordance with the investment standards set forth in subsection (c)(2); or

�


text:
Page:United States Statutes at Large Volume 97.djvu/743

 PUBLIC LAW 98-95 —SEPT. 26, 1983 97 STAT. 711 "(C) fails to properly account to the Secretary concerning the investment and expenditures of the endowment funds. "(2) If the Secretary terminates a grant under paragraph (1), the grantee shall return to the Secretary an amount equal to the sum of the original grant or grants under this section plus income earned thereon. The Secretary may usc such repaid funds to make addi- tional endowment grants, or to increase existing endowment grants, to other eligible institutions.". SEC. 3. Section 347 of the Act is amended— (1) by inserting after the period at the end of subsection (a)(2) the following: "Of the amount appropriated for such part for fiscal year 1984, 20 per centum shall be available for grants under section 333 of such part, and of the amount appropriated for such part for fiscal year 1985, 100 per centum shall be available for grants under such section"; and (2) by adding at the end thereof the following new subsection: "(f) For each fiscal year, the Secretary may reserve from the appropriation for part B not more than an amount equal to the aggregate amount grantees receiving grants under part B would contribute under section 324 to the cost of the grants in that fiscal year, assuming the grant amounts remain the same as those received in the prior fiscal year, and may usc those funds to award grants to eligible institutions under section 333. In reserving and awarding such funds, the Secretary shall assure that funds that would have been reserved under part B for the institutions described in subsection (c) or (e) shall continue to be set aside under section 333 for those institutions.". SEC. 4. (a) Section 516(c) of the Omnibus Education Reconciliation Act of 1981 is amended by striking out paragraph (1) and inserting in lieu thereof the following: "(1) The total amount of appropriations to carry out title III of the Higher Education Act of 1965 shall not exceed $134,416,000 for fiscal year 1984.". (b) Section 503 of such Act is amended by striking out "1982, 1983, and 1984" and inserting in lieu thereof "1982 and 1983 and $159,700,000 for fiscal year 1984". (c) Notwithstanding section 516(g) of such Act, there are author- ized to be appropriated such sums as may be necessary to carry out parts A and B of title VII of the Higher Education Act of 1965. (d) Subsections (a)(2), (b), and (c) of section 721 of the Higher Education Act of 1965 shall not apply to funds appropriated by Public Law 98-63 for part B of title VII of the Higher Education Act 20 USC 1069c. Ante, p.708. Reserve funds. 20 USC 1060. 20 USC 1063. Ante, p. 708. 20 USC 1069c note. 20 USC 1051. 20 USC 123 note. 20 USC 1132a-l note. 20 USC 1132b, 1132c. 20 USC 1132c. Ante, p. 301.

�


text:
Page:United States Statutes at Large Volume 97.djvu/744

 97 STAT. 712 PUBLIC LAW 98-95—SEPT. 26, 1983 20 USC 1132c. of 1965. Such funds shall be used in accordance with section 713(g) of 20 USC ii32b-2. such Act and distributed in accordance with the statement of the managers pertaining to the appropriation of such funds, as con- tained in the conference report on Public Law 98-63 (H. Rep. 98 -308, p. 53). Approved September 26, 1983, LEGISLATIVE HISTORY—S. 1872 (H.R. 2144): HOUSE REPORT No. 98-76 accompanying H.R. 2144 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 22, considered and passed Senate. Sept. 26, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 39 (1983): Sept. 26, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 97.djvu/745

 PUBLIC LAW 98-96—SEPT. 27, 1983 97 STAT. 713 Public Law 98-96 98th Congress Joint Resolution Designating the week beginning September 25, 1983, as "National Adult Day Care Sept. 27, 1983 Center Week". [H.J. Res. 132] Whereas there are nearly eight hundred adult day care centers nationwide, some of which serve adults starting at age eighteen and others which serve primarily senior citizens, providing a safe and positive environment to partially disabled individuals in need of da3^ime assistance and supervision; Whereas adult day care centers provide necessary health maintenance functions and medical care, including medication monitoring, therapies, and health education, and are operated by professional staffs who identify the need for additional health services and make appropriate referrals; Whereas adult day care centers provide opportunities for social interactions to otherwise isolated individuals and assist them in attaining and maintaining a maximum level of independence; and Whereas these centers offer relief to families who otherwise must care for disabled elderly persons on a twenty-four-hour-per-day basis: 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 Adult September 25, 1983, is designated "National Adult Day Care Center S^%f^'"^ ^''^' Week". The President is authorized and requested to issue a procla- mation calling upon the people of the United States to observe that week with appropriate ceremonies and activities. Approved September 27, 1983. LEGISLATIVE HISTORY—H.J. Res. 132 (S.J. Res. 50): CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 15, considered and passed House. Sept. 20, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 97.djvu/746

 97 STAT. 714 PUBLIC LAW 98-97—SEPT. 27, 1983 Public Law 98-97 98th Congress Joint Resolution Q1.071QQQ ——'- To designate the month of September of 1983 as "National Sewing Month". [H.J. Res. 218] Whereas the sewing industry annually honors the approximately fifty million people who sew at home and the approximately forty million people who sew at least part of their wardrobe; Whereas the home sewing industry generates over $3,500,000,000 annually for the economy of the United States; and Whereas innumerable careers in fashion, retail merchandizing, design, patternmaking, and textiles have had their geneses in the home and in elementary school home economics classes: Now, therefore, be it Resolved by the Senate and House of Representatives of the United National Sewing States of America in Congress assembled. That the month of Septem- Month. ijer of 1983 is designated "National Sewing Month". The President is requested to issue a proclamation calling upon the people of the United States to observe that month with appropriate ceremonies and activities. Approved September 27, 1983. LEGISLATIVE HISTORY—H.J. Res. 218: CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 4, considered and passed House. Sept. 20, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 97.djvu/747

 PUBLIC LAW 98-98 —SEPT. 28, 1983 97 STAT. 715 Public Law 98-98 98th Congress Joint Resolution C!ondemning the Soviet criminal destruction of the Korean civilian airliner. Whereas the United States joins with the world community in expressing its outrage over the actions of the Soviet Government on August 31, 1983, which caused the destruction of Korean Air Lines flight 7 with the loss of two hundred and sixty-nine innocent lives; Whereas on August 31, 1983, Korean Air Lines flight 7 inadvert- ently entered Soviet airspace; Whereas Soviet authorities tracked Korean Air Lines flight 7 for more than two hours, but did not adhere to all the internationaly recognized procedures necessary to warn the aircraft that it was off course and to protect its passengers; Whereas a Soviet Air Force fighter fired air-to-air missiles at Korean Air Lines flight 7 and destroyed the unarmed, clearly marked civilian airliner with two hundred and sixty-nine inno- cent men, women, and children from fourteen nations aboard, including sixty-one of our fellow citizens; Whereas among the victims was a distinguished Member of Con- gress, the Honorable Larry P. McDonald; Whereas the highest levels of the Soviet Government have lied in an attempt to justify this unconscionable act and have continued to deny access to the area where the airplane went down; Whereas the Soviet Government has publicly proclaimed its inten- tion to repeat its murderous act if another airliner wanders inadvertently into Soviet airspace; and Whereas this cold-blooded barbarous attack on a commercial air- liner straying off course is one of the most infamous and reprehen- sible acts in history: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States hereby— / (1) condemns the Soviet crime of destroying Korean Air Lines flight 7 and murdering the two hundred and sixty-nine innocent people onboard; (2) calls for a full and frank explanation from the Soviet Union for this brutal massacre; (3) extends its deepest sympathies to the families who lost loved ones, and supports their rights to obtain reparations from the Soviet Union; (4) calls on the Soviet Union to assist international efforts to recover the remains of the victims; (5) calls for an international investigation by the Interna- tional Civil Aviation Organization into this heinous incident; (6) declares its intention to work with the international com- munity in demanding that the Soviet Union modify its air defense procedures and practices to assure the safe passage of commercial airliners; Sept. 28, 1983 [H.J. Res. 353] Soviet destruction of Korean airliner, condemnation.

�


text:
Page:United States Statutes at Large Volume 97.djvu/748

 97 STAT. 716 PUBLIC LAW 98-98 —SEPT. 28, 1983 (7) finds that this tragic incident, and the Soviet Govern- ment's refusal to acknowledge responsibility for its wanton conduct, will make it more difficult for the United States and other nations to accept the Soviet Union as a responsible member of the international community; and (8) urges our allies and other nations to cooperate with the United States in continuing to demand that the Soviet Govern- ment unequivocally apologize for its actions, fully compensate the families of the innocent victims, and agree to abide by internationaly recognized and established procedures which are purposefully designed to prevent the occurrence of such tragedies. Approved September 28, 1983. LEGISLATIVE HISTORY—H.J. Res. 353 (S.J. Res. 158): CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 14, considered and passed House. Sept. 15, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTAL DOCUMENTS, Vol. 19, No. 39 (1983): Sept. 28, Presidential statement.

�