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Page:United States Statutes at Large Volume 96 Part 1.djvu/736

 96 STAT. 694

Report to Cbngress.

49 USC 2218.

PUBLIC LAW 97-248—SEPT. 3, 1982 relating to the disposition of the proceeds of such grant or relating to the plan or program in connection with which the grant was given or used, the recipient shall file a certified copy of such audit with the Comptroller General of the United States not later than six months following the close of the fiscal ^ear for which the audit was made. On or before April 15 of each year the Comptroller General shall report to the Congress describing the results of each audit conducted or reviewed by him under this section during the preceding fiscal year. The Comptroller General shall prescribe such regulations as are deemed necessary to carry out the provisions of this subsection. (d) WITHHOLDING INFORMATION.—Nothing in this section shall authorize the withholding of information by the Secretary or the Comptroller General of the United States, or any officer or employee under the control of either of them, from the duly authorized committees of the Congress, SEC. 519. GENERAL POWERS.

The Secretary is empowered to perform such acts, to conduct such investigations and public hearings, to issue and amend such orders, and to make and amend such regulations and procedures, pursuant to and consistent with the provisions of this title, as the Secretary considers necessary to carry out the provisions of, and to exercise and perform the Secretary's powers and duties, under this title. 49 USC 2219.

42 USC 2000d.

49 USC 2220.

SEC. 520. CIVIL RIGHTS.

The Secretary shall take affirmative action to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this title. The Secretary shall promulgate such rules as the Secretary deems necessary to carry out the purposes of this section and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under title VI of the Civil Rights Act of 1964. The provisions of this section shall be considered to be in addition to and not in lieu of the provisions of title VI of the Civil Rights Act of 1964. SEC. 521. REPORTS TO CONGRESS.

On or before the first day of April of each year the Secretary shall make a report to the Congress describing his operations under this title during the preceding fiscal year. The report shall include a detailed statement of the airport development accomplished, the status of each project undertaken, the allocation of appropriations, and an itemized statement of expenditures and receipts. 49 USC 2221.

SEC. 522. REPORT ON ABILITY OF AIRPORTS TO FINANCE AIRPORT DEVELOPMENT NEEDS.

(a) SUBMISSION TO CONGRESS.—Not later than 1 year after the date of enactment of this title, the Secretary shall submit to the Congress a report on whether, and to what extent, those airports which have the ability to finance their capital and operating needs without Federal assistance should be made ineligible to receive Federal assistance for airport development and airport planning under this title.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/737

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 695

(b) CONSIDERATIONS.—The study shall consider, among other things: (1) w h a t effect, if any, making such airports ineligible for such Federal assistance would have on the national airport system; (2) w h e the r a i r p o r t s which a r e made ineligible for assistance, or voluntarily w i t h d r a w from the program, should be permitted to collect a passenger facility charge; (3) how such a passenger facility charge could be collected in order to minimize any cost and inconvenience for passengers, airports, and air carriers; (4) the extent to which such a program would permit a reduction in Federal taxes on a i r transportation; (5) w h e the r the net effect of such a program would lower or increase the cost of air transportation to passengers on o u r N a t i o n ' s air carriers; and (6) w h e the r the Congress should i m p l e m e n t such a program prior to the expiration of this title. (c) CONSULTATION.—In conducting the study, the Secretary shall consult with airport operators, air carriers, and representatives of any other groups which may be substantially affected by such a program. SEC.

523. REPEALS; EFFECTIVE SEPARABILITY.

DATE; SAVING

PROVISIONS: AND

(a) REPEAL.—Sections 1 through 30 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1701-1730) a r e repealed on the date of e n a c t m e n t of this title. (b) EFFECTIVE DATE.—This title and the amendments made by this title shall t a k e effect on the date of e n a c t m e n t of this title.

49 USC 2201 "°*^'

(c) S A VI N G PROVISIONS.—(1) All orders, determination s, rules, reg-

49 USC 2201

ulations, permits, contracts, certificates, licenses, g r a n t s, rights, and privileges which have been issued, made, granted, or allowed to become effective by the President, the Secretary, or any court of competent jurisdiction or any provision of the Airport and Airway Development Act of 1970 or the Federal Airport Act which a r e in effect a t the time this title takes effect, a r e continued in effect according to the i r term s until modified, term i n a t e d, superseded, set aside, or repealed by the Secretary or by any court of competent jurisdiction, or by operation of law. (2) Notwithstanding any other provision of this title, a m o u n t s apportioned before October 1, 1981, pursuant to section 15(a)(3) of the Airport and Airway Development Act of 1970, which have not been obligated by g r a n t a g r e e m e n t before that date, shall r e m a i n available for obligation, for the duration of time specified in section 15(a)(5) of that Act, in accordance with the provisions of that Act (other than the second sentence of section 14(b)(2)), to the same e x t e n t as though that Act had not been repealed. (d) SEPARABILITY.—If any provision of this title or the application thereof to any person or circumstance is held invalid, the r e m a i n d e r of the title and the application of the provision to other persons or circumstances is not affected thereby. SEC.,'524. MISCELLANEOUS AMENDMENTS.

(a)(1) Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) is amended by adding at the end thereof the following new sentence: " For purposes of the preceding sentence, the providing of services a t an airport by a single fixed-based operator shall not be construed as an exclusive right if it would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and if allowing more than one fixed-based

97-200 O—84—pt. 1

24: QL3

"°*®

Supra, 49 USC l^^l "°^®-

49 USC 1715.

49 USC 1714. 49 USC 2201 "°*^-

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


text: The Liberty to Trade as Buttressed by National Law/Intra-State Acts


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Page:United States Statutes at Large Volume 96 Part 1.djvu/738

 96 STAT. 696

Ante,ip.6n.

49 USC 2101.

49 USC 2103. 49 USC 1711, ^^^^-

49 USC 2104.

49 USC 2108.

PUBLIC LAW 97-248—SEPT. 3, 1982 operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport.". (2) Section 313(c) of the Federal Aviation Act of 1958 (49 U.S.C. 1354(c)) is amended by inserting "the Airport and Airway Improvement Act of 1982," after "this Act," the first place it appears. (3) Section 1109(e) of the Federal Aviation Act of 1958 (49 U.S.C. 1509(e)) is amended by striking out "Airport and Airway Development Act of 1970" and inserting in lieu thereof "Airport and Airway Improvement Act of 1982". (b) The Aviation Safety and Noise Abatement Act of 1979 is amended as follows: (1) Section 101(1) is amended to read as follows: "(1) the term 'airport* means any public-use airport (as defined by section 503(17) of the Airport and Airway Improvement Act of 1982);". (2) Section 101(2) is amended to read as follows: "(2) the term 'airport operator' means, in the case of an airport serving air carriers certificated by the Civil Aeronautics Board, any person holding a valid certificate issued pursuant to section 612 of the Federal Aviation Act of 1958 (49 U.S.C. 1432) to operate an airport, and, in the case of any other airport, the person operating such airport; and". (3) Section 103(b) is amended to read as follows: "(b)(1) The Secretary is authorized to incur obligations to make grants from funds made available under section 505 of the Airport and Airway Improvement Act of 1982 for airport noise compatibility planning to sponsors of airports. The United States share of any airport noise compatibility planning grant under this section shall be that percent for which a project for airport development at that airport would be eligible under section 510 of the Airport and Airway Improvement Act of 1982. "(2) For purposes of this Act, the term 'airport noise compatibility planning' means the development for planning purposes of information necessary to prepare and submit (A) the noise exposure map and related information pursuant to subsection (a) of this section, including any cost associated with obtaining such information, or (B) a noise compatibility program for submission pursuant to section 104 of this Act". (4) Section 104(c)(1) is amended by striking out "subsection (e) of this section" in the first sentence and inserting in lieu thereof "section 505 of the Airport and Airway Improvement Act of 1982". The last sentence of section 104(c)(1) is amended to read as follows: "All of the provisions of the Airport and Airway Improvement Act of 1982 applicable to project grants made under section 505 of that Act (except section 510 of that Act relating to United States share of project costs) shall be applicable to any grant made under this Act, unless the Secretary determines that any provision of such Act of 1982 is inconsistent with, or unnecessary to carry out, the purposes of this Act.". (5) Section 108 is amended by striking out "(1) airport noise compatibility planning carried out with grants made under section 13 of the Airport and Airway Development Act of 1970, and (2)" and inserting in lieu thereof "airport noise compatibility planning and". (c) Section 13(g)(1) of the Surplus Property Act of 1944 (50 App. U.S.C. 1622(g)(1)) is amended by striking out "Airport and Airway

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Page:United States Statutes at Large Volume 96 Part 1.djvu/739

 PUBLIC LAW 97-248—SEPT. 3, 1982 Development Act of 1970" and inserting in lieu thereof "Airport and Airway Improvement Act of 1982". (d) Section 24 of the Airport and Airway Development Act Amendments of 1976 (49 U.S.C. 1356a) is amended by striking out subsection (c) and inserting in lieu thereof the following: "(c)(1) There is authorized to be appropriated out of the Airport and Airway Trust Fund for amounts expended before the date specified in paragraph (2) of this subsection not to exceed $15,000,000. No such amounts shall be appropriated prior to September 30, 1981. "(2) No compensation shall be paid by the Secretary of Transportation under this section for amounts expended after the date which is 180 days after the date of enactment of the International Air Transportation Competition Act of 1979.". (e) Section 31 of the Airport and Airway Development Act of 1970 is amended by striking out "this title" and inserting in lieu thereof "the Airport and Airway Improvement Act of 1982", by inserting "under such Act" after "airport development project", and by inserting "(as defined by section 11(8) of the Airport and Airway Development Act of 1970, as in effect on the date of enactment of this section)" after "general aviation airport". (f) The last sentence of section 612(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1432(b)) is amended by inserting "(1)" immediately after the words "relating to" and by inserting the following immediately before the period at the end thereof: "and (2) such grooving or other friction treatment for primary and secondary runways as the Secretary determines to be necessary". SEC. 525. SAFETY CERTIFICATION OF AIRPORTS.

(a) Section 612(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1432(a)) is amended to read as follows: "POWER TO ISSUE

"SEC. 612. (a) The Administrator is empowered to issue airport operating certificates to, and establish minimum safety standards for the operation of, airports that serve any scheduled or unscheduled passenger operation of air carrier aircraft designed for more than 30 passenger seats.". (b) Section 612(b) of such Act (49 U.S.C. 1432(b)) is amended by striking out "serving air carriers certificated by the Civil Aeronautics Board" in the first sentence and inserting in lieu thereof "which is described in subsection (a) and which is required by the Administrator, by rule, to be certificated". (c) Section 612(c) of such Act (49 U.S.C. 1432(c)) is amended by striking out "air carrier airport enplaning annually less than onequarter of 1 percent of the total number of passengers enplaned at all air carriers airports" and inserting in lieu thereof "airport described in subsection (a)(1) enplaning annually less than onequarter of 1 percent of the total number of passengers enplaned at all airports described in subsection (a)(1)". (d) Section 610(a)(8) of such Act (49 U.S.C. 1430(a)(8)) is amended to read as follows: "(8) For any person to operate an airport without an airport operating certificate required by the Administrator pursuant to section 612, or in violation of the terms of any such certificate; and".

96 STAT. 697 Ante, v. mi. Appropriation authorization.

49 USC 1301 49 USC 1731 Ante, p. 671. 49 USC 1711.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/740

 96 STAT. 698 49 USC 2222.

PUBLIC LAW 97-248—SEPT. 3, 1982 SEC. 526. CONTRACTING AUTHORITY.

In the powers granted under section 519 of this title, the Secretary, in entering into a contract or other agreement with any State or political subdivision thereof for the' purpose of permitting such State or subdivision to operate any airport facility within such State or subdivision shall insure that such contract or agreement contain, among others, a provision relieving the United States of any and all liability for the payment of any claim or other obligation arising out of or in connection with acts or omissions of employees of such State or political subdivision in the operation of any such airport facility. 49 USC 2223.

Report to ^°".^5.^?fi-'^^^ committees.

SEC. 527. STUDY OF AIRPORT ACCESS.

(a) The Secretary shall appoint a task force, as provided in subsection (b), to study the problems of allocating the use of airport facilities and airspace (including, but not limited to, gate facilities, landing facilities, airspace slots, and ticketing and terminal space) among persons using or seeking to use such facilities. The task force shall make a study of present methods of allocating the use of airport facilities and airspace, and, if such action is determined to be appropriate, shall make recommendations for improving those methods and for resolving disputes with respect to the use of such facilities. The task force shall report its findings and recommendations to the chairman of the Committee on Public Works and Transportation of the House of Representatives and the chairman of the Committee on Commerce, Science, and Transportation of the Senate not later than one hundred and twenty days after the task force first meets under subsection (c). (b) The task force shall consist of the Chairman of the Civil Aeronautics Board, who shall serve as chairman of the task force, and individuals appointed by the Secretary of Transportation not later than sixty days after the date of enactment of this title, including, but not limited to, a representative of each of the following: (1) the Department of Transportation; (2) the Department of Justice; (3) States; (4) owners and operators of airports, including those owners and operators of airports which do not restrict access, but which provide service to airports where access is currently restricted or is expected to be restricted in the future; (5) trunk air carriers; (6) regional air carriers (other than commuter air carriers); (7) charter air carriers; (8) commuter air carriers; (9) all-cargo air carriers; (10) general aviation; (11) financial institutions with an interest in the aviation industry; and (12) aviation consumer groups. (c) The task force shall meet, at the direction of the chairman, not later than thirty days after all its members have been appointed under subsection (b), and at such other times as may be necessary to complete the study required by this section. (d) The Secretary shall provide such staff and support services as may be necessary to assist the task force in completing the report required by this section.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/741

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 699

SEC..52S. FAKT-TIME OPERATION OF FLIGHT SERVICE STATIONS.

49 USC 2224.

(a) Beginning on the date of enactment of this title, the Secretary shall not close or operate on a part-time basis any flight service station except in accordance with this section. (b) During the period beginning on the date of enactment of this title and ending on September 30, 1983, the Secretary may provide for the part-time operation of not more than sixty existing flight service stations operated by the Federal Aviation Administration. The operation of a flight service station on a part-time basis shall be subject to the condition that during any period when a flight service station is part-timed, the service provided to airmen with respect to information relating to temperature, dewpoint, barometric pressure, ceiling, visibility, and wind direction and velocity for the area served by such station shall be as good as or better than the service provided when the station is open, and all such service shall be provided either by mechanical device or by contract with another party. (c) The Secretary may close not more than five existing flight service stations before October 1, 1983. After October 1, 1983, the Secretary may close additional flight service stations, but only if the service provided to airmen after the closure of such station with respect to information relating to temperature, dewpoint, barometric pressure, ceiling, visibility, and wind direction and velocity for the area served by such station is as good as or better than the service provided when the station was open and such service is provided either by mechanical device or by contract with another party. SEC..'529. EXPLOSIVE DETECTION K-9 TEAMS.

49 USC 2225.

The Secretary shall provide by grant for the continuation of the Explosive Detection K-9 Team Training Program for the purpose of detecting explosives at airports and aboard aircraft. There is authorized to be appropriated out of the Airport and Airway Trust Fund for purposes of this section not more than $150,000 nor less than $130,000 for each fiscal year beginning after September 30, 1981, and ending before October 1, 1987. SEC..530. RELEASE OF CERTAIN CONDITIONS.

(a) CRYSTAL CITY, TEXAS.—(1) Notwithstanding section 16 of the

Federal Airport Act (as in effect on January 3, 1949), the Secretary 49 USC 1115 of Transportation is authorized, subject to the provisions of section 4 "o^^of the Act of October 1, 1949 (50 App. U.S.C. WZ2c), and the provisions of paragraph (2) of this subsection, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated January 3, 1949, or any other deed of conveyance dated after such date and before the date of enactment of this section, under which the United States conveyed certain property to Crystal City, Texas, for airport purposes. (2) Any release granted by the Secretary of Transportation under paragraph (1) of this subsection shall be subject to the following conditions: (A) Crystal City, Texas, shall agree that in conveying any interest in the property which the United States conveyed to the city by a deed described in paragraph (1) the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary).

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Page:United States Statutes at Large Volume 96 Part 1.djvu/742

 96 STAT. 700

PUBLIC LAW 97-248—SEPT. 3, 1982 (B) Any such a m o u n t so received by the city shall be used by the city for the development, improvement, operation, or maint e n a n c e of a public airport. (b) B R O W N WOOD, TEXAS.—(1) Notwithstanding section 16 of the

49 USC 1115 "°*'^-

Federal Airport Act (as in effect on June 26, 1950), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of paragraph (2) of this subsection, to g r a n t releases from any of the term s, conditions, reservations, and restrictions contained in the deeds of conveyance dated June 26, 1950, and April 1, 1963, under which the United States conveyed certain property to the city of Brownwood, Texas, for airport purposes. (2) Any release g r a n t e d by the Secretary of Transportation under paragraph (1) of this subsection shall be subject to the following conditions: (A) The city of Brownwood, Texas, shall agree that in conveying any interest in the property which the United States conveyed to the city by the deeds dated June 26, 1950, and April 1, 1963, the city will receive a n a m o u n t for such interest which is equal to the fair m a r k e t value (as determined pursuant to regulations issued by such Secretary). (B) Any such a m o u n t so received by the city shall be used by the city for the development, improvement, operation, or maint e n a n c e of a public airport. (c) G R A N D J U N C T I O N, COLORADO.—(1) Notwithstanding section 16

of the Federal Airport Act (as in effect on September 14, 1951), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of paragraph (2) of this subsection, to g r a n t releases from any of the term s, conditions, reservations, and restrictions contained in the deed of conveyance dated September 14, 1951, under which the United States conveyed certain property to the city of G r and J u n c t i o n, Colorado, for airport purposes and the deed of conveyance dated March 24, 1975, under which the city of G r and J u n c t i o n, Colorado, conveyed such property to the Walker Field Public Airport Authority. (2) Any release g r a n t e d by the Secretary of Transportation under paragraph (1) of this subsection shall be subject to the following conditions: (A) The property for which releases a r e g r a n t e d under this section shall not exceed a total of eighteen acres. (B) The Walker Field Public Airport Authority shall agree that in leasing, or conveying any interest in, the property for which releases a r e granted under this section, such Authority will receive an a m o u n t which is equal to the fair lease value or the fair m a r k e t value, as the case may be (as determined pursuant to regulations issued by such Secretary). (C) Any such a m o u n t so received by the Walker Field Public Airport Authority, shall be used by such Authority for the development, improvement, operation, or m a i n t e n a n c e of the W a l k e r Field Public Airport. (d) N E W P O R T, ARKANSAS.—(1) Notwithstanding section 16 of the

Federal Airport Act (as in effect on December 17, 1947), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of paragraph (2) of this subsection, to g r a n t releases from any of the term s, conditions, reservations, and restrictions contained

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Page:United States Statutes at Large Volume 96 Part 1.djvu/743

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 701

in the deed of conveyance dated December 17, 1947, or any other deed of conveyance dated after such date and before the date of enactment of this section, under which the United States conveyed certain property to Newport, Arkansas, for airport purposes. (2) Any release granted by the Secretary of Transportation under paragraph (1) of this subsection shall be subject to the following conditions: (A) Newport, Arkansas, shall agree that in conveying any interest in the property which the United States conveyed to the city by a deed described in paragraph (1) the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (B) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport. SEC. 531. CONTINUATION OF CERTAIN CERTIFICATES.

Notwithstanding any other provision of law or of any certificate issued by the Civil Aeronautics Board to the contrary, any certificate to engage in temporary air transportation which was issued under section 401(d)(8) of the Federal Aviation Act of 1958 or 49 USC 1371. pursuant to the Trans-Atlantic Route Proceeding, CAB Docket Number 25908, and any certificate which was issued in the California/Southwest-Mexico Route Proceeding, CAB Docket Number 32665, and which is in effect on the date of enactment of this title shall be effective for a period of two years beyond the period for which it was issued. SEC. 532. STATE TAXATION.

(a) Section 1113(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1513(b)) is amended by striking out "Nothing" and inserting in lieu thereof "Except as provided in subsection (d) of this section, nothing". (b) Section 1113 of such Act is further amended by adding at the end thereof the following new subsection: "(d)(1) The following acts unreasonably burden and discriminate against interstate commerce and a State, subdivision of a State, or authority acting for a State or subdivision of a State may not do any of them: "(A) assess air carrier transportation property at a value that has a higher ratio to the true market value of the air carrier transportation property than the ratio that the assessed value of other commercial and industrial property of the same type in the same assessment jurisdiction has to the true market value of the other commercial and industrial property; "(B) levy or collect a tax on an assessment that may not be made under subparagraph (A) of this paragraph; or "(C) levy or collect an ad valorem property tax on air carrier transportation property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. "(2) In this subsection— "(A) 'assessment' means valuation for a property tax levied by a taxing district;

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Page:United States Statutes at Large Volume 96 Part 1.djvu/744

 96 STAT. 702

PUBLIC LAW 97-248—SEPT. 3, 1982 "(B) 'assessment jurisdiction' means a geographical area in a State used in determining the assessed value of property for ad valorem taxation; "(C) 'air carrier transportation property' means property, as defined by the Civil Aeronautics Board, owned or used by an air carrier providing air transportation; "(D) 'commercial and industrial property' means property, other than transportation property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use and subject to a property tax levy; and "(E) 'State' shall include the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the District of Columbia, the territories or possessions of the United States, and political agencies of two or more States. "(3) This subsection shall not apply to any in lieu tax which is wholly utilized for airport and aeronautical purposes.".

TITLE VI—FEDERAL SUPPLEMENTAL COMPENSATION PROGRAM Federal Supplemental Compensation Act of 1982.

Subtitle A—Extension of Benefits

26 USC 3304 note.

SEC. 601. This subtitle may be cited as the "Federal Supplemental Compensation Act of 1982".

SHORT TITLE

FEDERAL-STATE A G R E E M E N T S

26 USC 3304 note.

SEC. 602. (a) Any State which desires to do so may enter into and participate in an agreement with the Secretary of Labor (hereinafter in this title referred to as the "Secretary") under this subtitle. Any State which is a party to an agreement under this subtitle may, upon providing thirty days' written notice to the Secretary, terminate such agreement. (b) Any such agreement shall provide that the State agency of the State will make payments of Federal supplemental compensation— (1) to individiuals who— (A) have exhausted all rights to regular compensation under the State law; (B) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (and is not paid or entitled to be paid any additional compensation under any such State or Federal law); and (C) are not receiving compensation with respect to such week under the unemployment compensation law of Canada; (2) for any week of unemployment which begins in the individual's period of eligibility, except that no payment of Federal supplemental compensation shall be made to any individual for any week of unemployment which

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Page:United States Statutes at Large Volume 96 Part 1.djvu/745

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 703

begins more than two years after the end of the benefit year for which he exhausted his rights to regular compensation. (c) For purposes of subsection (b)(1)(A), an individual shall be deemed to have exhausted his rights to regular compensation under a State law when— (A) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on employment or wages during his base period; or (B) his rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. (d) For purposes of any agreement under this subtitle— (1) the amount of the Federal supplemental compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to him during his benefit year under the State law for a week of total unemployment; and (2) the terms and conditions of the State law which apply to claims for extended compensation and to the payment thereof shall apply to claims for Federal supplemental compensation and the payment thereof; except where inconsistent with the provisions of this subtitle or with the regulations of the Secretary promulgated to carry out this subtitle. Solely for purposes of paragraph (2), the amendment made by section 2404(a) of the Omnibus Budget Reconciliation Act of 1981 95 Stat. 875. shall be deemed to be in effect for all weeks beginning on or after 26 USC 3304 note. September 12, 1982. (e)(1) Any agreement under this subtitle with a State shall provide that the State will establish, for each eligible individual who files an application for Federal supplemental compensation, a Federal supplemental compensation account with respect to such individual's benefit year. (2)(A) Except as otherwise provided in this paragraph, the amount established in such account for any individual shall be equal to the lesser of— (i) 50 per centum of the total amount of regular compensation (including dependents' allowances) payable to him with respect to the benefit year (as determined under the State law) on the basis of which he most recently received regular compensation; or (ii) 6 times his average weekly benefit amount (as determined for purposes of section 202(b)(1)(C) of the Federal-State Extended Unemployment Compensation Act of 1970) for his benefit year. 26 USC 3304 (B) If an extended benefit period was in effect under the Federal- note. State Extended Unemployment Compensation Act of 1970 in a State for any week which begins on or after June 1, 1982, and before the week for which the compensation is paid, subparagraph (A) shall be applied with respect to such State by substituting "10" for "6" in clause (ii) thereof. (C)(i) In the case of any State not described in subparagraph (B), subparagraph (A) shall be applied, only with respect to weeks during a high unemployment period, by substituting "8" for "6" in clause (ii) thereof. (ii), For purposes of clause (i), the term "high unemployment period" means, with respect to any State, the period—

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Page:United States Statutes at Large Volume 96 Part 1.djvu/746

 96 STAT. 704

26 USC 3304 "°*®-

PUBLIC LAW 97-248—SEPT. 3, 1982 (I) which begins with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks equals or exceeds 3.5 percent, and (II) which ends with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks is less than 3.5 percent; except that no high unemployment period shall last for a period of less than 4 weeks. (iii) For purposes of clause (ii), the rate of insured unemployment for any period shall be determined in the same manner as determined for purposes of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970. (f)(1) No Federal supplemental compensation shall be payable to any individual under an agreement entered into under this subtitle for any week beginning before whichever of the following is the later: (A) the week following the week in which such agreement is entered into; or (B) September 12, 1982. (2) No Federal supplemental compensation shall be payable to any individual under an agreement entered into under this subtitle for any week beginning after March 31, 1983. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF FEDERAL SUPPLEMENTAL COMPENSATION

26 USC 3304 ^°^-

5 USC 8501 et ^^^-

SEC. 603. (a) There shall be paid to each State which has entered into an agreement under this subtitle an amount equal to 100 per centum of the Federal supplemental compensation paid to individuals by the State pursuant to such agreement. (b) No payment shall be made to any State under this section in respect of compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this subtitle or chapter 85 of title 5 of the United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this subtitle in respect of such compensation. (c) Sums payable to any State by reason of such State's having an agreement under this subtitle shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this subtitle for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. FINANCING PROVISIONS

26 USC 3304 ^o*T%n ^^(^K 42 USC 1105.

SEC. 604. (a)(1) Funds in the extended unemployment compensa^^^^ account (as established by section 905 of the Social Security Act) of the Unemployment T r u s t F u n d shall be used for the making of

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 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 705

payments to States having agreements entered into under this subtitle. (2) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this subtitle. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act) to the 42 USC 1105. account of such State in the Unemployment Trust Fund. (b) There are hereby authorized to be appropriated, without fiscal year limitation, to the extended unemployment compensation account, such sums as may be necessary to carry out the purposes of this subtitle. Amounts appropriated pursuant to the preceding sentence shall not be required to be repaid. (c) There are hereby authorized to be appropriated from the general fund of the Treasury, without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act) in meeting the costs 42 USC. 501. of administration of agreements under this subtitle. DEFINITIONS

SEC. 605. For purposes of this subtitle— (1) the terms "com.pensation", "regular compensation", "extended compensation", "base period", "benefit year", "State", "State agency", "State law", and "week" shall have the meanings assigned to them under section 205 of the FederalState Extended Unemployment Compensation Act of 1970; and (2) the term "period of eligibility" means, with respect to any individual, any week which begins on or after September 12, 1982, and begins before April 1, 1983; except that an individual shall not have a period of eligibility unless— (A) his benefit year ends on or after June 1, 1982, or (B) such individual was entitled to extended compensation for a week which begins on or after June 1, 1982.

26 USC 3304 ^°^^-

26 USC 3304 "^°^^'

FRAUD AND OVERPAYMENTS

SEC. 606. (a)(1) If an individual knowingly has made, or caused to 26 USC 3304 be made by another, a false statement or representation of a ""^"^ material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of Federal supplemental compensation under this subtitle to which he was not entitled, such individual— (A) shall be ineligible for further Federal supplemental compensation under this subtitle in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and (B) shall be subject to prosecution under section 1001 of title 18, United States Code. (2)(A) In the case of individuals who have received amounts of Federal supplemental compensation under this subtitle to which they were not entitled, the State is authorized to require such individuals to repay the amounts of such Federal supplemental

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Page:United States Statutes at Large Volume 96 Part 1.djvu/748

 96 S T A T. 7 0 6

P U B L I C L A W 9 7 - 2 4 8 — S E P T. 3, 1982 compensation to the State agency, except that the State agency may waive such r e payment if it determine s that— (i) the payment of such Federal S u p p l e m e n t a l compensation was without fault on the part of any such individual, and (ii) such r e payment would be c o n t r a r y to equity and good conscience. (B) The State agency may recover the a m o u n t to be repaid, or any part thereof, by deductions from any Federal s u p p l e m e n t a l compensation payable to such individual under this subtitle or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the threey e a r period after the date such individuals received the payment of the Federal s u p p l e m e n t a l compensation to which they were not entitled, except that no single deduction may exceed 50 p e r c e n t u m of the weekly benefit a m o u n t from which such deduction is made. (C) No r e payment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and a n opportunity for a fair h e a r i n g has been given to the individual, and the determination has become final. (3) Any determination by a State agency under paragraph (1) or (2) shall be subject to review in the s a m e m a n n e r and to the same extent as determination s under the State unemployment compensation law, and only in that m a n n e r and to that extent.

Subtitle B—Taxation of Unemployment Compensation SEC. 611. TAXATION OF UNEMPLOYMENT COMPENSATION. (a) L O W E R I N G B A S E A M O U N T F R O M $20,000 TO $12,000 (From $25,000 TO $18,000 IN CASE OF JOINT R E T U R N). — S u b s e c t i o n (b) of

26 USC 85.

26 USC 85 note.

section 85 of the I n t e r n a l Revenue Code of 1954 (defining base a m o u n t) is amended— (1) by striking out "$20,000" and inserting in lieu thereof "$12,000", and (2) by striking out "$25,000" and inserting in lieu thereof "$18,000". (b) EFFECTIVE D A T E S. — (1) COMPENSATION PAID AFTER 1981. — The amendments

made

by this section shall apply to payments of unemployment compensation made after December 31, 1981, in taxable years ending after such date. (2) N O ADDITION TO TAX FOR UNDERPAYMENT OF ESTIMATED TAX ATTRIBUTABLE TO APPLICATION OF AMENDMENTS TO COMPENSATION

PAID IN 1982.—No addition to tax shall be made under section 6654 of the I n t e r n a l Revenue Code of 1954 with respect to any under payment to the extent such under payment is a t t r i b u t a b l e to unemployment compensation which is received during 1982 and which (but for the amendments m a d e by subsection (a)) would not be includable in gross income. (3) SPECIAL RULE FOR FISCAL YEAR TAXPAYERS.—In the case of a

taxable year (other than a calendar year) which includes January 1, 1982—

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 PUBLIC LAW 97-248—SEPT. 3, 1982 (A) the amendments made by this section shall be applied by taking into account the entire amount of unemployment compensation received during such taxable year, but (B) the increase in gross income for such taxable year as a result of such amendments shall not exceed the amount of unemployment compensation paid after December 31, 1981. (4) UNEMPLOYMENT COMPENSATION DEFINED.—For purposes of

this subsection, the term "unemployment compensation" has the meaning given to such term by section 85(c) of the Internal Revenue Code of 1954. Approved September 3, 1982.

LEGISLATIVE HISTORY—H.R. 4961: HOUSE REPORTS: No. 97-404 (Comm. on Ways and Means) and No. 97-760 (Comm. of Conference). SENATE REPORTS: No. 97-494 Vols. 1 and 2 (Comm. on Finance) and No. 97-530 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 15, considered and passed House. Vol 128 (1982): July 19-22, considered and passed Senate, amended. Aug. 19, House and Senate agreed to conference report.

96 STAT. 707

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 96 STAT. 708

PUBLIC LAW 97-249—SEPT. 8, 1982 Public Law 97-249 97th Congress

Sept. 8, 1982 [H.R. 6732] International Safe Container Act, amendment. 46 USC 1502

46 USC 1504 Effective date. 46 USC 1502 note.

An Act To amend the International Safe Container Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the International Safe Container Act (46 U.S.C. 1501-1508) is amended— (1) by amending section 3(b) to read as follows: "(b) During the period beginning on the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention, and before January 1, 1985, an owner of an approved existing container may have a safety approval plate affixed to it, if that container is found to meet the standards of the Convention."; and (2) by amending section 5(a)(2) by striking out "September 6, 1982" and inserting in lieu thereof "January 1, 1985". SEC. 2. This Act shall take effect on the later of the date of its enactment or September 6, 1982. Approved September 8, 1982.

LEGISLATIVE HISTORY—H.R. 6732: HOUSE REPORT No. 97-737 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 17, considered and passed House. Aug. 20, considered and passed Senate.

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 PUBLIC LAW 97-250—SEPT. 8, 1982

96 STAT. 709

Public Law 97-250 97th Congress An Act To correct the boundary of Crater Lake National Park in the State of Oregon, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first section of the Act entitled, "An Act reserving from the public lands in the State of Oregon, as a public park for the benefit of the people of the United States, and for the protection and preservation of the game, fish, timber, and all other natural objects therein, a tract of land herein described, and so forth", approved May 22, 1902 (32 Stat. 202), as amended, is further amended by revising the second sentence thereof to read as follows: "The boundary of the park shall encompass the lands, waters, and interests therein within the area generally depicted on the map entitled, 'Crater Lake National Park, Oregon', numbered 106-80-001-A, and dated March 1981, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior.". (b) Lands, water, and interests therein excluded from the boundary of Crater Lake National Park by subsection (a) are hereby made a part of the Rogue River National Forest, and the boundary of such national forest is revised accordingly. (c) The Secretary of the Interior is authorized and directed to promptly instigate studies and investigations as to the status and trends of change of the water quality of Crater Lake, and to immediately implement such actions as may be necessary to assure the retention of the lake's natural pristine water quality. Within two years of the effective date of this provision, and biennially thereafter for a period of ten years, the Secretary shall report the results of such studies and investigations, and any implementation actions instigated, to the appropriate committees of the Congress. SEC. 2. (a) In accordance with section 3(c) of the Wilderness Act (78 Stat. 890, 892; 16 U.S.C. 1132(c)), certain lands in the Cumberland Island National Seashore, Georgia, which comprise about eight thousand eight hundred and forty acres, and which are depicted on the map entitled "Wilderness Plan, Cumberland Island National Seashore, Georgia", dated November 1981, and numbered 64020038E, are hereby designated as wilderness and therefor, as components of the National Wilderness Preservation System. Certain other lands in the Seashore, which comprise about eleven thousand seven hundred and eighteen acres, and which are designated on such map as "Potential Wilderness", are, effective upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses thereon prohibited by the Wilderness Act have ceased, designated wilderness. Such notice shall be published with respect to any tract within such eleven thousand seven hundred and eighteen acre area after the Secretary has determined that such uses have ceased on that tract. The map and a description of the boundaries of the areas designated by this section as wilderness shall be on

Sept. 8, 1982 [S. 1119] Crater Lake National Park Oreg. Boundary corrections. 16 USC 121.

Map; filing and availability.

Rogue River National Forest. 16 USC 121 note. Water quality studies and investigations. 16 USC 122a. Report to congressional committees.

Cumberland Island National Seashore, Ga. 16 USC 1132 note.

Notice; publication in Federal Register.

Map and boundaries description; filing and availability.

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 96 STAT. 710

Cumberland wuderness

PUBLIC LAW 97-250—SEPT. 8, 1982 file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, and in the office of the Superintendent of the Cumberland Island National Seashore. (b) Within six months after the enactment of this Act, a map and a description of the boundaries of the Cumberland Island Wilderness shall be filed with the Energy and Natural Resources Committee of the United States Senate and with the Interior and Insular Affairs Committee of the United States House of Representatives. Such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in such map and description may be made. (c) The wildorness area designated by this section shall be known ^ *^® Cumberland Island Wilderness. Subject to valid existing rights, the wilderness area shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act, and where appropriate, any reference in that Act to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior. Approved September 8, 1982.

LEGISLATIVE HISTORY—S. 1119: HOUSE REPORT No. 97-383 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-205 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 127 (1981): Oct. 21, considered and passed Senate. Dec. 15, considered and passed House, amended. Vol. 128 (1982): Aug. 19, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 36 (1982): Sept. 9, Presidential statement.

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 PUBLIC LAW 97-251—SEPT. 8, 1982

Public Law 97-251 97th Congress

96 STAT. 711

An Act

To amend title 38, United States Code, to enhance recruitment and retention by the Veterans' Administration of nurses and certain other health-care personnel, to improve the Veterans' Administration Health Professional Scholarship Program and certain aspects of other Veterans' Administration health-care programs, and to extend certain expiring Veterans' Administration health-care programs; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE; R E F E R E N C E S TO TITLE 38, UNITED STATES CODE

1. (a) This Act may be cited as the "Veterans' Administration Health-Care Programs Improvement and Extension Act of 1982". (b) Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SECTION

Sept. 8, 1982 [H.R. 6350]

Veterans' Administration Health-Care Programs Improvement and Extension Act of 1982. 38 USC 101 note.

PAY AND WORK SCHEDULES FOR NURSES AND CERTAIN OTHER HEALTHCARE PERSONNEL

SEC. 2. (a) Paragraph (10) of section 4107(e) is amended to read as follows: "(10)(A) Notwithstanding any other provision of law but subject to subparagraphs (B) and (C) of this paragraph, if the Administrator determines it to be necessary in order to obtain or retain the services of nurses, the Administrator— "(i) may increase the rates of additional pay authorized under paragraphs (2) through (8) of this subsection; and "(ii) may extend the period for which additional pay authorized under paragraph (3) of this subsection is paid to include part or all of a tour of duty any part of which is within the period commencing at midnight Friday and ending at midnight Saturday. "(B) An increase under subparagraph (A)(i) of this paragraph in rates of additional pay (i) may be made at any specific Veterans' Administration health-care facility in order to provide nurses, or any category of nurses, at such facility additional pay in an amount competitive with, but not exceeding, the amount of the same type of pay that is paid to the same category of nurses at non-Federal health-care facilities in the same geographic area as such Veterans' Administration health-care facility (based upon a reasonably representative sampling of such non-Federal facilities), and (ii) may be made on a nationwide, local, or other geographic beisis if the Administrator finds that such an increase is justified on the basis of a review of the need for such increase (based upon a reasonably

38 USC 4107.

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 96 STAT. 712

PUBLIC LAW 97-251—SEPT. 8, 1982 representative sampling of non-Federal health-care facilities in the geographic area involved). "(C)(i) An extension under subparagraph (A)(ii) of this paragraph of the period for which additional pay may be paid under paragraph (3) of this subsection may be made on a nationwide, local, or other geographic basis. Any such extension shall be based on a determination by the Administrator that such extension is justified on the basis of a review of the need for such extension in such geographic area. "(ii) The rates of additional pay payable pursuant to an extension under such subparagraph shall be established as a percentage of the applicable hourly rates of basic pay. Such rates of additional pay may not exceed the lesser of (I) the percentage of such hourly rates of basic pay that the Administrator determines is necessary to be paid within the geographic area involved in order to obtain or retain the services of nurses, and (II) the percentage provided for in paragraph (3) of this subsection of the applicable hourly rate of basic

pay.'t

Overtime pay.

(b) Section 4107(f) is amended by striking out paragraphs (2) through (8) of. (c) Section 4107 is amended by adding at the end the following new subsection: "(h)(1) Notwithstanding any other provision of law but subject to paragraph (2) of this subsection, if the Administrator determines it to be necessary in order to obtain or retain the services of nurses at any Veterans' Administration health-care facility, the Administrator may provide, in the case of nurses appointed under this subchapter and employed at such facility, that such nurses who work two regularly scheduled twelve-hour tours of duty within the period commencing at midnight Friday and ending at midnight the following Sunday shall be considered for all purposes (except computation of full-time equivalent employees for the purposes of determining compliance with personnel ceilings) to have worked a full forty-hour basic workweek. "(2)(A) Basic and additional pay for a nurse who is considered under paragraph (1) of this subsection to have worked a full fortyhour basic workweek shall be subject to subparagraphs (B) and (C) of this paragraph. "(B) The hourly rate of basic pay for such a nurse for service performed as part of a regularly scheduled twelve-hour tour of duty within the period commencing at midnight Friday and ending at midnight the following Sunday shall be derived by dividing the nurse's annual rate of basic pay by one thousand two hundred and forty-eight. "(C)(i) Such a nurse who performs a period of service in excess of such nurse's regularly scheduled two twelve-hour tours of duty is entitled to overtime pay under subsection (e)(5) of this section, or other applicable law, for officially ordered or approved service performed in excess of eight hours on a day other than a Saturday or Sunday or in excess of twenty-four hours within the period commencing at midnight Friday and ending at midnight the following Sunday. "(ii)(I) Except as provided in subdivision (II) of this division, a nurse to whom this paragraph is applicable is not entitled to additional pay under subsection (e) of this section, or other applicable law, for any period included in a regularly scheduled twelve-hour tour of duty.

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 PUBLIC LAW 97-251—SEPT. 8, 1982 "(II) If the Administrator determines it to be further necessary in order to obtain or retain the services of nurses at a particular facility, a nurse to whom this paragraph is applicable who performs service in excess of such nurse's regularly scheduled two twelvehour tours of duty may be paid overtime pay under subsection (e)(5) of this section, or other applicable law, for all or part of the hours of officially ordered or approved service performed by such nurse in excess of forty hours during an administrative workweek. "(3) A nurse described in paragraph (2)(A) of this subsection who is absent on approved sick leave or annual leave during a regularly scheduled twelve-hour tour of duty shall be charged for such leave at a rate of five hours of leave for three hours of absence. "(4) The Administrator shall prescribe regulations for the implementation of this subsection.". (d)(1) Not later than one hundred and twenty days after the date of the enactment of this Act, the Administrator of Veterans' Affairs shall publish in the Federal Register, for public review and comment for a period of not to exceed sixty days, proposed regulations for the implementation of subsection (e)(10) of section 4107 of title 38, United States Code (as amended by subsection (a) of this section), subsection (g) of such section, and subsection (h) of such section (as added by subsection (c) of this section). (2) Not later than three hundred days after the date of the enactment of this Act, the Administrator of Veterans' Affairs shall publish in the Federal Register final regulations for the implementation of such subsections.

96 STAT. 713

Regulations. Proposed regulations; publication in Federal Register. 38 USC 4107 note.

Final regulations; publication in Federal Register.

HEALTH PROFESSIONAL SCHOLARSHIP PROGRAM

SEC. 3. (a) Section 4142 is amended— (1) in subsection (a)— (A) by striking out "full-time" in clause (1); and (B) by adding below clause (4) the following new sentences: "To be accepted as a participant in the Scholarship Program, an individual must be accepted for enrollment or be enrolled (as described in clause (1) of this subsection) as a full-time student, except that an individual who is a Veterans' Administration employee described in subsection (g)(1) of this section may be accepted as a participant if accepted for enrollment or enrolled (as described in clause (1) of this subsection) for study on less than a full-time but not less than a half-time basis. (Such a participant is hereinafter in this subchapter referred to as a 'part-time student'.)"; (2) in subsection (e)(l)(A)(i), by inserting "(or in a case in which an extension is granted under subsection (g)(3) of this section, the number of school years provided for as a result of such extension)" after "years"; (3) in subsection (e)(1)(B)— (A) by inserting "(to be reduced, in the case of a participant who is a part-time student, in accordance with the proportion that the number of credit hours carried by such participant in any such school year bears to the number of credit hours required to be carried by a full-time student in the course of training being pursued by the participant)" in division (iv)(I) after "Scholarship Program";

38 USC 4142.

Participant eligibility requirements.

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 96 STAT. 714

Stipend; limitations.

Maximum stipend.

Scholarship award period extension.

38 USC 4143.

PUBLIC LAW 97-251—SEPT. 8, 1982 (B) by striking out "years; and" in division (iv)(II) and inserting in lieu thereof "years (or, in the case of a participant who is a part-time student, one calendar year);"; (C) by inserting "and" at the end of division (v); and (D) by adding at the end the following new division: "(vi) in the case of a participant who is a part-time student, to maintain employment, while enrolled in such course of training, as a Veterans' Administration employee permanently assigned to a Veterans' Administration health-care facility;"; (3) in subsection (f)— (A) by inserting a comma and "except that a stipend may not be paid to a participant who is a full-time employee of the Veterans' Administration and the stipend of a participant who is a part-time student shall be adjusted as provided in subsection (g)(2) of this section" before the period at the end of paragraph (1)(B); and (B) by inserting "maximum" after "The" in paragraph (3); (4) by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; (5) by inserting after subsection (f) the following new subsection (g): "(g)(1) To be accepted as a participant as a part-time student, an individual must be a full-time Veterans' Administration employee permanently assigned to a Veterans' Administration health-care facility on the date on which such individual submits the application referred to in subsection (a)(2) of this section and on the date on which such individual becomes a participant in the Scholarship Program. "(2) If a participant in the Scholarship Program is awarded a scholarship as a part-time student— "(A) the maximum amount of the stipend payable to such participant under subsection (f)(1)(B) of this section shall be reduced in accordance with the proportion that the number of credit hours carried by such participant bears to the number of credit hours required to be carried by a full-time student in the course of training being pursued by the participant; and "(B) a stipend may not be paid to such participant under such subsection for any month during which such participant is not actually attending the course of training in which such participant is enrolled. "(3) In the case of a participant who is a part-time student, the Administrator may extend the scholarship award period to a maximum of six school years if the Administrator determines that such an extension would be in the best interest of the United States."; and (6) in subsection (h) (as redesignated by clause (4))— (A) by inserting "by virtue of their participation in such program (1)" after "Program shall not'; (B) by striking out "and shall not" and inserting in lieu thereof a comma and "or (2)"; (C) by striking out "employment" and inserting in lieu thereof "personnel"; and (D) by striking out "while they" and all that follows through "clinical training". (b)(1) Section 4143(b) is amended—

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 PUBLIC LAW 97-251—SEPT. 8, 1982 (A) by inserting "who is a full-time student or the date described in paragraph (5) of this subsection with respect to a participant who is a part-time student" in paragraph (1) after "Scholarship Program"; (B) by amending paragraph (2) to read as follows: "(2) As soon as possible after the applicable date described in paragraph (3) of this subsection or provided for under paragraph (5) of this subsection, the Administrator shall— "(A) in the case of a participant who is not a full-time employee in the Department of Medicine and Surgery, appoint such participant as such an employee; and "(B) in the case of a participant who is such an employee but is not serving in a position for which such participant's course of training prepared such participant, assign such participant to such a position."; (C) in paragraph (3)(B) by inserting "the later of (i) the date upon which the participant completes such participant's course of training, or (ii)" after "is"; and (D) by adding at the end the following new paragraph: "(5) The Administrator shall by regulation prescribe the date for the beginning of the period of obligated service of a participant who was a part-time student. Such regulations shall prescribe terms as similar as practicable to the terms set forth in paragraph (3) of this subsection.. (2) Section 4143(c) is amended to read as follows: "(c)(1) Except as provided in paragraph (2) of this subsection, a participant in the Scholarship Program shall be considered to have begun serving such participant's period of obligated service— "(A) on the date, after such participant's course completion date, on which such participant (in accordance with subsection (a) of this section) is appointed under this chapter as a full-time employee in the Department of Medicine and Surgery; or "(B) if the participant is a full-time employee in the Department of Medicine and Surgery on such course completion date, on the date thereafter on which such participant is assigned to a position for which such participants course of training prepared such participant. "(2) A participant in the Scholarship Program who on such participant's course completion date is a full-time employee in the Department of Medicine and Surgery serving in a capacity for which such participant's course of training prepared such participant shall be considered to have begun serving such participant's period of obligated service on such course completion date. "(3) For the purposes of this subsection, the term 'course completion date' means the date on which a participant in the Scholarship Program completes such participant's course of training under the program.". (c) Section 4144(b) is amended— (1) in clauses (1) and (2), by striking out the semicolon at the end and inserting in lieu thereof a comma; (2) by striking out the semicolon and "or" at the end of clause (3) and inserting in lieu thereof a comma; (3) by striking out the semicolon at the end of clause (4) and inserting in lieu thereof a comma and "or"; and (4) by inserting after clause (4) the following new clause: "(5) in the case of a participant who is a part-time student, fails to maintain employment, while enrolled in the course of

96 STAT. 715

"Course completion date."

38 USC 4144.

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 96 STAT. 716

PUBLIC LAW 97-251—SEPT. 8, 1982 training being pursued by such participant, as a Veterans' Administration employee permanently assigned to a Veterans' Administration health-care facility,". CONTRACT CARE IN PUERTO RICO AND THE VIRGIN ISLANDS

38 USC 601.

S E C 4. Section 601(4)(C)(v) is amended by striking out "September 30, 1982," and inserting in lieu thereof "September 30, 1983,". RESTORATION OF CHAMPVA ELIGIBILITY FOR CERTAIN MEDICARE BENEFICIARIES

38 USC 613

Effective date. 38 USC 613 note.

S E C 5. (a) Section 613 is amended by adding at the end the following new subsection: "(d) Notwithstanding the second sentence of section 1086(c) of title 10 or any other provision of law, any spouse, surviving spouse, or child who, after losing eligibility for medical care under this section by virtue of becoming entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), has exhausted any such benefits shall become eligible for medical care under this section and shall not thereafter lose such eligibility under this section by virtue of becoming again eligible for such hospital insurance benefits.". (b) The amendment made by subsection (a) shall take effect on October 1, 1982. EXTENSION FOR REPORT ON ALCOHOL AND DRUG DEPENDENCE AND ABUSE PILOT PROGRAM

38 USC 620A.

S E C 6. Section 620A(f) is amended by striking out "March 31, 1983," and "September 30, 1982," and inserting in lieu thereof "March 31, 1984," and "September 30, 1983,", respectively. TECHNICAL AMENDMENT RELATING TO PAYMENTS TO STATE VETERANS HOMES

38 USC 643.

SEC. 7. Section 643 is amended by striking out "of any war". AUTHORIZATION OF APPROPRIATIONS FOR GRANTS TO STATE VETERANS HOMES

38 USC 5033.

S E C 8. The first sentence of section 5033(a) is amended to read as follows: "There is hereby authorized to be appropriated $15,000,000 for fiscal year 1980 and such sums as may be necessarv for fiscal year 1981 and for each of the five succeeding fiscal years.'. EXCHANGE OF MEDICAL INFORMATION WITH STATE VETERANS' HOMES

38 USC 5054.

S E C 9. Section 5054(b) is amended by inserting "(including State home facilities furnishing domiciliary, nursing home, or hospital care to veterans)" before the period at the end of the first sentence. REPORT ON THE USE OF FLEXIBLE AND COMPRESSED WORK SCHEDULES BY THE V E T E R A N S ' ADMINISTRATION

Report to Congress. 38 USC 219 note.

S E C 10. Not later than July 1, 1984, the Administrator of Veterans' Affairs shall submit to Congress a report on the results of the use of flexible and compressed work schedules by the Veterans'

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 PUBLIC LAW 97-251—SEPT. 8, 1982 Administration. Such report shall include (1) an evaluation of the effects of the use of such schedules on the recruitment and retention of Veterans' Administration employees, on such employees' productivity and morale, and on such employees' effectiveness in carrying out the missions of the Veterans' Administration, and (2) such recommendations for administrative or legislative action, or both, as the Administrator considers appropriate in light of the need for and use of flexible and compressed work schedules by the Veterans' Administration. Approved September 8, 1982.

LEGISLATIVE HISTORY—H.R. 6350 (S. 2385): HOUSE REPORT No. 97-543 (Comm. on Veterans' Affairs). SENATE REPORT No. 97-467 accompanying S. 2385 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): June 14, 15, considered and passed House. June 21, considered and passed Senate, amended, in lieu of S. 2385. Aug. 19, House concurred in Senate amendments with amendments. Aug. 20, Senate concurred in House amendments.

96 STAT. 717

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 96 STAT. 718

PUBLIC LAW 97-252—SEPT. 8, 1982 Public Law 97-252 97th Congress An Act

Sept. 8, 1982 ro 22481 ^ ' •'

Department of Defense Authorization Act, 1983.

To authorize appropriations for fiscal year 1983 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defense, to authorize appropriations for such fiscal year for civil defense, to authorize supplemental appropriations for fiscal year 1982, and for other purposes.

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 "Department of Defense Authorization Act, 1983". '^

TITLE I—PROCUREMENT AUTHORIZATION OF APPROPRIATIONS, ARMY

SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement of aircraft, missiles, weapons and tracked combat vehicles, and ammunition and for other procurement for the Army as follows: For aircraft, $2,541,600,000. For missiles, $2,846,600,000. For weapons and tracked combat vehicles, $4,707,600,000. For ammunition, $2,486,400,000. For other procurement, $4,391,100,000. AUTHORIZATION OF APPROPRIATIONS, NAVY AND MARINE CORPS

SEC. 102. (a) AIRCRAFT.—Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement of aircraft for the Navy in the amount of $11,304,600,000. (b) WEAPONS.—Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement of weapons (including missiles and torpedoes) for the Navy as follows: For missile programs, $3,058,600,000. For the MK-48 torpedo program, $134,300,000. For the MK-46 torpedo program, $141,200,000. For the MK-60 torpedo program, $151,400,000. For the MK-30 mobile target program, $19,400,000. For the MK-38 mini-mobile target program, $2,300,000. For the anti-submarine rocket (ASRCKD) program, $10,100,000. For the modification of torpedoes, $89,300,000. For the torpedo support equipment program, $66,900,000. For the MK-15 close-in weapons system program, $118,700,000. For the MK-75 76-millimeter gun mount program, $10,700,000. For the MK-19 gun mount program, $400,000. For the 25-millimeter gun mount program, $400,000. For the modification of guns and gun mounts, $19,700,000.

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 PUBLIC LAW 97-252—SEPT. 8, 1982 For the guns and gun mounts support equipment program, $17,500,000. (c) SHIPBUILDING AND CONVERSION.—Funds are hereby authorized to be appropriated for fiscal year 1983 for shipbuilding and conversion for the Navy as follows: For the Trident submarine program, $1,786,000,000. For the CVN nuclear aircraft carrier program, $6,795,300,000. For the SSN-688 nuclear attack submarine program, $1,443,400,000. For the battleship reactivation program, $417,400,000. For the aircraft carrier service life extension program, $699,500,000. For the CG-47 Aegis cruiser program, $3,134,400,000. For the LSD-41 landing ship dock program, $417,000,000. For the LHD-1 air-capable amphibious ship program, $55,000,000. For the FFG-7 guided missile frigate program, $706,400,000, of which $40,000,000 is available only for an X-band phased array radar. For the mine countermeasures (MCM> ship program, $371,600,000. For the T-AO fleet oiler ship program, $320,000,000. For the ARS salvage ship program, $84,000,000. For the TAKRX fast logistic ship program, $322,600,000. For the TAHX hospital ship program, $300,000,000. For service craft and landing craft, $162,100,000. For outfitting, post delivery, cost growth, and escalation on prior year programs, $828,100,000. For ship contract design, $97,200,000. For the manufacturing technology program, $25,000,000. (d) OTHER.—Funds are hereby authorized to be appropriated for fiscal year 1983 for other procurement for the Navy in the amount of $3,936,500,000, of which— (1) the sum of $568,900,000 is available only for the ship support equipment program; (2) the sum of $1,484,600,000 is available only for the communications and electronics equipment program; and (3) the sum of $786,200,000 is available only for the ordnance support equipment program. (e) PROCUREMENT, MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement for the Marine Corps (including missiles, tracked combat vehicles, and other weapons) in the amount of $2,131,600,000. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE

SEC. 103. (a) Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement of aircraft and missiles and for other procurement for the Air Force as follows: For aircraft, $17,485,700,000. For missiles, $6,038,700,000. For other procurement, $5,656,700,000. (b) Of the funds authorized to be appropriated in this section for aircraft for the Air Force, the sum of $186,100,000 is available only for contribution by the United States as its share of the cost for fiscal year 1983 of acquisition by the North Atlantic Treaty Organization of the Airborne Warning and Control System (AWACS).

96 STAT. 719

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 96 STAT. 720

PUBLIC LAW 97-252—SEPT. 8, 1982 (c) Of the funds authorized to be appropriated in this section for missiles for the Air Force, the sum of $988,000,000 is available only for the Advanced Intercontinental Ballistic Missile (MX) program. Of such amount, $158,000,000 is authorized for basing and deployment and may not be obligated until the President completes his review of alternative MX missile system basing modes and notifies the Congress, in writing, of the basing mode in which the MX missile system will be deployed and thirty days of session of Congress have expired after the receipt by Congress of such notice. For the purpose of determining days of session of Congress under the preceding sentence, there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain or an adjournment sine die. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE COMPONENTS

SEC. 104. (a) Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, other weapons, and other procurement for the reserve components of the Armed Forces as follows: For the Army National Guard, $50,000,000. For the Air National Guard, $30,000,000. For the Army Reserve, $30,000,000. For the Naval Reserve, $30,000,000. For the Marine Corps Reserve, $30,000,000. For the Air Force Reserve, $30,000,000. (h) The authorizations of appropriations contained in subsection (a) are in addition to any other amounts authorized to be appropriated by this or any other Act. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES

SEC. 105. Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement by the Defense agencies in the amount of $859,600,000. CERTAIN AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CONNECTION WITH THE NATO AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) PROGRAM

Effective date.

SEC. 106. Effective on October 1, 1982, section 103(a) of the Department of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is amended by striking out "fiscal year 1982" both places it appears and inserting in lieu thereof "fiscal year 1983". REQUIREMENTS RELATING TO MULTIYEAR CONTRACTS FOR CERTAIN EQUIPMENT

Report to congressional committees.

SEC. 107. (a) Notwithstanding any other provision of law, a multiyear contract for the procurement of any of the equipment listed in subsection (b) may not be entered into until— (1) the Secretary of the military department concerned has submitted to the Committees on Armed Services of the Senate and House of Representatives a written report setting forth the

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 PUBLIC LAW 97-252—SEPT. 8, 1982 justification for entering into a multiyear contract for the procurement of the equipment concerned; and (2) a period of thirty days has elapsed after the date on which the report is received by those committees, (b) The equipment referred to in subsection (a) is the following: (1) F-111 weapon navigation computers. (2) C-2 aircraft. (3) EA-6B aircraft. (4) A-6E aircraft. (5) MULE laser designators. (6) CH-53E helicopters. (7) MLRS rocket systems. (8) ALQ-136 radio jammers. ENHANCEMENT OF NORTH AMERICAN AIR DEFENSE COMMAND LOW LEVEL RADAR CAPABIUTIES IN FLORIDA

SEC. 108. The Secretary of the Air Force, using funds available under section 103, may acquire one tethered aero-stat radar set (of the type currently in use at Cudjoe Key, Florida) for deployment at Kennedy Air Force Station, Florida. Concurrently with such procurement, the Secretary shall provide for necessary improvements to the radar set to be acquired and the existing set at Cudjoe Key, Florida. Such improvements and the operation and maintenance of such radar sets may be provided using funds available under this Act. SECURE COMMUNICATIONS EQUIPMENT AND A SPECIAL CLASSIFIED PROGRAM

SEC. 109. The Secretary of Defense is authorized to procure secure telephone communication systems, including equipment and related items, during fiscal year 1983 for the Department of Defense and other government agencies and entities to support a national program to provide secure telephone service. Of the funds authorized to be appropriated pursuant to this title, not more than $50,000,000 may be used to provide secure telephone equipment and related items to the Department of Defense and other government agencies and entities in support of such a national program. Equipment provided to government agencies and entities outside the Department of Defense under the authority of this section and such related services as may be necessary may be furnished by the Secretary of Defense without reimbursement. In addition, of the funds authorized to be appropriated pursuant to this Act, not more than $132,000,000 is authorized for a special classified program. PROHIBITION OF ACQUISITION OF 9-MILUMETER HANDGUN

SEC. 110. None of the funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended in connection with the purchase of a 9-millimeter handgun for the Armed Forces or to carry out any activity concerned with evaluating the feasibility or desirability of purchasing a 9-millimeter handgun for the Armed Forces.

96 STAT. 721

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 96 STAT. 722

PUBLIC LAW 97-252—SEPT. 8, 1982 TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION AUTHORIZATION OF APPROPRIATIONS

SEC. 201. (a) Funds are hereby authorized to be appropriated for fiscal year 1983 for the use of the Armed Forces for research, development, test, and evaluation in amounts as follows: For the Army, $3,926,367,000. For the Navy (including the Marine Corps), $6,129,115,000. For the Air Force, $10,720,884,000, of which $1,000,000 is available only for research, development, test, and evaluation of the C-17 type cargo transport aircraft. For the Defense Agencies, $2,271,503,000, of which $55,000,000 is authorized for the activities of the Director of Test and Evaluation, Defense. (b) In addition to the funds authorized to be appropriated in subsection (a), there are authorized to be appropriated for fiscal year 1983 such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds authorized to be appropriated in subsection (a). (c) Of the total amount authorized to be appropriated in this section for research, development, test, and evaluation for the Air Force related to the basing of the MX missile system, $715,000,000 may not be obligated until the President completes his review of alternative MX missile system basing modes and notifies the Congress, in writing, of the long-term basing mode in which the MX missile system will be deployed and thirty days of session of Congress have expired after the receipt by Congress of such notice. For the purpose of determining days of session of Congress under the preceding sentence, there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain or an adjournment sine die. LIMITATION ON FUNDS FOR THE NAVY

SEC. 202. (a) Of the amount authorized in section 201 for the Navy (including the Marine Corps)— (1) $12,000,000 is available only for the development of a derivative of the Firebolt advanced aerial target; (2) $15,000,000 is available only for the phased array radar improvement program for the MK-92 fire control system; (3) $60,000,000 is available only for the development, test, evaluation, and initial deployment of the 5-inch semi-active laser guided projectile and the Seafire electro-optical fire control system; (4) $26,500,000 is available only for the Medium-Range Air-toSurface Missile (MRASM) System; (5) $138,595,000 is available, subject to subsection (b), only for the DDG-X (DDG-51) ship program; (6) $900,000,000 is available only for Surface Warfare programs; and (7) $5,555,000 is available only for the development of an advanced mine to replace the Captor mine.

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 PUBLIC LAW 97-252—SEPT. 8, 1982 (b) None of the funds appropriated pursuant to the authorization of appropriations in section 201 for the Navy may be obligated or expended for the DDG-X (DDG-51) ship program until the Secretary of the Navy has submitted to the Committees on Armed Services of the Senate and House of Representatives a plan for the deployment of the 5-inch semi-active laser guided projectile and Seaflre electro-optical fire control system concurrently with the deployment of the DDG-51 lead ship. REQUIREMENT FOR COMPETITION BETViTEEN THE AIR FORCE LANTIRN AND FUR SYSTEMS

SEC. 203. No funds appropriated pursuant to this title for the Air Force may be obligated or expended for the development of the Low Altitude Navigation Targeting System for Night (LANTIRN) System until the Secretary of the Air Force submits to the Committees on Armed Services and Appropriations of the Senate and House of Representatives a written statement certifying that the LANTIRN program has been restructured to provide a competitive demonstration between the current LANTIRN System and a suitably modified version of the Navy's F/A-18 aircraft FLIR System. The Secretary of the Air Force may not enter into any contract for the production of the Targeting Infrared for Night (TIRN) System until after a competitive demonstration between the LANTIRN System and the suitably modified version of the Navy's F/A-18 aircraft FLIR System has been carried out. TITLE III—OPERATION AND MAINTENANCE AUTHORIZATION OF APPROPRIATIONS

SEC. 301. (a) Funds are hereby authorized to be appropriated for fiscal year 1983 for the use of the Armed Forces of the United States and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance in amounts as follows: For the Army, $16,750,050,000. For the Navy, $21,702,550,000. For the Marine Corps, $1,472,500,000. For the Air Force, $17,339,500,000. For the Defense Agencies, $5,693,650,000. For the Army Reserve, $704,889,000. For the Naval Reserve, $671,700,000. For the Marine Corps Reserve, $51,115,000. For the Air Force Reserve, $766,300,000. For the Army National Guard, $1,166,900,000. For the Air National Guard, $1,779,000,000. For the National Board for the Promotion of Rifle Practice, $875,000. For Defense Claims, $172,500,000. For the Court of Military Appeals, $3,210,000. (b) There are authorized to be appropriated for fiscal year 1983, in addition to the amounts authorized to be appropriated in subsection (a), such sums as may be necessary— (1) for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of

96 STAT. 723

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 96 STAT. 724

PUBLIC LAW 97-252—SEPT. 8, 1982 the Department of Defense whose compensation is provided for by funds authorized to be appropriated in subsection (a); (2) for unbudgeted increases in fuel costs; and (3) for incresises as the result of inflation in the cost of activities authorized by subsection (a). LIMITATION ON FUNDS FOR SHIP OVERHAULS

SEC. 302. Of the amount appropriated pursuant to authorizations of appropriation in section 301 for the Navy, not more than $2,756,000,000 may be obligated or expended for ship overhauls. RESTRICTION ON LONG-TERM LEASES OF VESSELS FOR THE NAVY

Notification to ^°^^1ffi°a^^ committees. """"" °"°

SEC. 303. (a) None of the funds appropriated pursuant to an authorization of appropriations in section 301 may be obligated or expended in connection with a long-term lease of a vessel for the Navy if the lease includes a substantial termination liability unless and until (1) the Secretary of the Navy has notified the Committees on Armed Services and on Appropriations of the Senate and House of Representatives of the proposed lease, and (2) a period of thirty days has elapsed after the date on which such committees receive such notification. Any such notification shall include a description of the terms of the proposed lease and a justification for entering into such a lease rather than obtaining the vessel involved by acquisition. (b) Subsection (a) does not apply with respect to the lease of a vessel if the vessel was being leased by the Navy on September 30, 1982. T-5 R E P L A C E M E N T TANKER PROGRAM

SEC. 304. (a) None of the funds appropriated pursuant to authorizations of appropriations in this title for the Navy may be obligated or expended for any activity in connection with the lease of any vessel associated with the T-5 Replacement Tanker program which has a main propulsion system or any other major component not built in the United States. (b) Subsection (a) does not apply with respect to the lease of a vessel if a contract for the lease of that vessel results from a request for proposal circulated before July 1, 1982. LIMITATION ON STUDIES OF CONTRACTING-OUT OF CERTAIN COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS

SEC. 305. (a)(1) Except as provided in paragraph (2), funds appropriated pursuant to an authorization of appropriations in this title may not be obligated or expended in connection with any study begun during the period beginning on October 1, 1982, and ending on March 31, 1983, of the benefits or feasibility of contracting for performance by contractor personnel of any commercial or industrial type function or activity of the Department of Defense being performed by Department of Defense personnel on September 30, 1982. (2) Paragraph (1) does not prohibit the obligation or expenditure of funds in connection with—

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 PUBLIC LAW 97-252—SEPT. 8, 1982

96 STAT. 725

(A) any study the purpose of which is to determine the most efficient and cost effective organization of any commercial or industrial type function of the Department of Defense for performance by Department of Defense personnel; or (B) any study carried out with respect to the contracting for the performance by contractor personnel, rather than Department of Defense personnel, of any of the following: (i) Custodial functions, (ii) Laundry functions, (iii) Refuse collection functions, (iv) Grounds maintenance functions. (v) Food service and preparation functions (other than commissaries), (vi) Base transportation functions. (b) Of the total amount of funds authorized in this title, $283,800,000 is available only for salaries and other costs for the employment of and performance of functions by direct-hire civilian employees of the Department of Defense in excess of 947,000 such employees. TITLE IV—ACTIVE FORCES AUTHORIZATION OF END STRENGTHS

SEC. 401. The Armed Forces are authorized strengths for active duty personnel as of September 30, 1983, as follows: (1) The Army, 782,500. (2) The Navy, 560,300. (3) The Marine Corps, 194,600. (4) The Air Force, 592,600. AUTHORITY TO EXCEED END-STRENGTH AUTHORIZATIONS

SEC. 402. (a) Section 138(c)(1)(A) of title 10, United States Code, is amended by inserting the following new sentence after the first sentence: "The end strength authorized for a component of the armed forces for a fiscal year may be increased by a number equal to not more than 0.5 percent of the total end strength authorized for such component for that fiscal year if the Secretary of Defense determines that such increase is in the national interest.". (b) The amendment made by subsection (a) shall apply with respect to end strengths for active-duty personnel authorized for fiscal years beginning after September 30, 1981.

10 USC 138 note.

QUALITY CONTROL ON ENLISTMENTS INTO THE ARMY

SEC. 403. Effective on October 1, 1982, section 302(a) of the Department of Defense Authorization Act, 1981 (Public Law 96-342; 10 U.S.C. 520 note), is amended by striking out "October 1, 1981" and "September 30, 1982" and inserting in lieu thereof "October 1, 1982" and "September 30, 1983", respectively. SAVING PROVISION FOR CERTAIN ACCRUED LEAVE

SEC. 404. A member of the Armed Forces who was authorized under section 701(f) of title 10, United States Code, to accumulate ninety days leave during fiscal year 1980 and who lost any leave at

Effective date.

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 96 STAT. 726

PUBLIC LAW 97-252—SEPT. 8, 1982 the end of fiscal year 1981 shall be credited with the amount of the leave lost and may retain leave in excess of sixty days until the end of fiscal year 1982, but in no case may a member accumulate leave in excess of ninety days. TITLE V—RESERVE FORCES AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE

10 USC 261 note.

Reduction.

Increase.

SEC. 501. (a) For fiscal year 1983 the Selected Reserve of the reserve components of the Armed Forces shall be programmed to attain average strengths of not less than the following: (1) The Army National Guard of the United States, 407,400. (2) The Army Reserve, 258,700. (3) The Naval Reserve, 105,500. (4) The Marine Corps Reserve, 38,300. (5) The Air National Guard of the United States, 101,100. (6) The Air Force Reserve, 66,000. (7) The Coast Guard Reserve, 12,000. (b) The average strength prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. AUTHORIZATION OF END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES

SEC. 502. Within the average strengths prescribed in section 501, the reserve components of the Armed Forces are authorized, as of September 30, 1983, the following number of Reserves to be serving on full-time active duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 14,419. (2) The Army Reserve, 8,251. (3) The Naval Reserve, 12,038. (4) The Marine Corps Reserve, 678. (5) The Air National Guard of the United States, 5,158. (6) The Air Force Reserve, 479. (b) Upon a determination by the Secretary of Defense that such action is in the national interest, the end strengths prescribed by subsection (a) may be increased by a total of not more than the number equal to 2 percent of the total end strengths prescribed.

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 PUBLIC LAW 97-252—SEPT. 8, 1982

96 STAT. 727

INCREASE IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS

SEC. 503. (a) The table in section 517(b) of title 10, United States Code, is amended to read as follows: Army

"Grade

E-9. E-8.

265 1,244

Navy

Air Force

156 329

132 441

Marine Corps

6 56".

(b) The columns under the headings "Army", "Air Force", and "Marine Corps" in the table in section 524(a) of such title are lo use 524. amended to read as follows: "Army

Air Force

1,351 671 234

281 267 170

Marine Corps

95 40 21"

TITLE VI—CIVILIAN PERSONNEL AUTHORIZATION OF END STRENGTH

SEC. 601. (a) The Department of Defense is authorized a strength in civilian personnel, as of September 30, 1983, of 1,050,060. (b) The strength for civilian personnel prescribed in subsection (a) shall be apportioned among the Department of the Army, the Department of the Navy, the Department of the Air Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as the Secretary of Defense shall prescribe. The Secretary of Defense shall report to the Congress within sixty days after the date of enactment of this Act on the manner in which the initial allocation of civilian personnel is made among the military departments and the agencies of the Department of Defense (other than the military departments) and shall include the rationale for each allocation. (c)(1) In computing the strength for civilian personnel, there shall be included all direct-hire and indirect-hire civilian personnel employed to perform military functions administered by the Deartment of Defense (other than those performed by the National ecurity Agency) whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the workertrainee opportunity program. (2) Personnel employed under a part-time career employment program established by section 3402 of title 5, United States Code, shall be counted as prescribed by section 3404 of that title. Personnel employed in an overseas area on a part-time basis under a nonpermanent local-hire appointment who are dependents accompanying a Federal civilian employee or a member of a uniformed

g

97-200 O-84-pt. 1

25: QL3

Apportionment.

Report to Congress.

Direct-hire and indirect-hire civilian personnel.

Part-time career employees. 5 USC 3404.

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