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Page:United States Statutes at Large Volume 98 Part 2.djvu/234

 98 STAT. 1394 Ante, p. 32.

29 USC 1901 note.

97 Stat. 708. 20 USC 1065a.

PUBLIC LAW 98-396—AUG. 22, 1984

as amended, and $300,000 shall be for the Helen Keller National Center Act. HIGHER EDUCATION

Funds appropriated in 1984 for the endowment grant program under section 333 of the Higher Education Act of 1965 shall remain available until September 30, 1985. SPECIAL INSTITUTIONS GALLAUDET COLLEGE

For an additional amount for "Gallaudet College", $2,000,000. HOWARD UNIVERSITY

For an additional amount for "Howard University", $11,000,000, of which $1,490,000 shall be for construction and shall remain available until expended: Provided, That $5,000,000 of the foregoing amount shall be derived by transfer from Department of Education "Office for Civil Rights". DEPARTMENTAL MANAGEMENT

> •

^-r^-iri

OFFICE OF THE INSPECTOR GENERAL (TRANSFER OF FUNDS)

For an additional amount for "Office of the Inspector General", $1,717,000 to be derived by transfer from Department of Education, "Higher education". RELATED AGENCIES , ^,.,, ACTION OPERATING EXPENSES

42 USC 4951.

For an additional amount for "Operating expenses", $6,269,000, of which $3,169,000 shall be for title I, part A of the Domestic Volunteer Service Act of 1973. CORPORATION FOR PUBLIC BROADCASTING PUBLIC BROADCASTING FUND

97 Stat. 1467. ILY^^ 60^ note.

For additional payment to the Corporation for Public Broadcasting, as authorized by the Federal Communications Commission Authorization Act of 1983, Public Law 98-214, the following amounts, which shall be available within limitations specified by said Act, are appropriated: For fiscal year 1984, $7,500,000; for fiscal year 1985, $20,500,000; and for fiscal year 1986, $29,500,000.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/235

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1395

CHAPTER VIII LEGISLATIVE BRANCH SENATE

Ic

SALARIES, OFFICERS AND EMPLOYEES OFFICE OF THE VICE PRESIDENT

For an additional amount for "Office of the Vice President", $10,000. OFFICES OF THE MAJORITY AND MINORITY WHIPS

For an additional amount for "Offices of the Majority and Minority Whips", $100,000. OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY

For an additional amount for "Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority", $14,000. Pj,,j ADMINISTRATIVE, CLERICAL, AND LEGISLATIVE ASSISTANCE TO SENATORS

For an additional amount for "Administrative, clerical, and legislative assistance to Senators", $94,000. OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For an additional amount for "Office of the Sergeant at Arms and Doorkeeper", $100,000. CONTINGENT EXPENSES OF THE SENATE

SENATE POLICY COMMITTEES

For an additional amount for "Senate Policy Committees", $100,000. SECRETARY OF THE SENATE

For an additional amount for "Secretary of the Senate", $55,000. SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For an additional amount for "Sergeant at Arms and Doorkeeper of the Senate", $1,652,000. ^ MISCELLANEOUS ITEMS

For an additional amount for "Miscellaneous Items", $130,000. ADMINISTRATIVE PROVISION

SEC. 1. (a) Subject to the approval of the Senate Committee on 40 USC i74j-9. Rules and Administration, the Architect of the Capitol shall have authority to borrow (and be accountable for), from time to time, from the appropriation account, within the contingent fund of the

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


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Page:United States Statutes at Large Volume 98 Part 2.djvu/236

 98 STAT. 1396

PUBLIC LAW 98-396—AUG. 22, 1984

Senate, for "Miscellaneous Items", such amount as he may determine necessary to carry out the provisions of the joint resolution entitled "Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes", approved July 6, 1961, as amended (40 U.S.C. 174J-1 through 174J-8), and resolutions of the Senate amendatory thereof or supplementary thereto. (b) Any such loan authorized pursuant to subsection (a) of this section shall be for such amount and for such period as the Senate Committee on Rules and Administration shall prescribe, and shall be made by the Secretary of the Senate to the Architect of the Capitol upon a voucher approved by the Chairman of the Senate Committee on Rules and Administration. (c) All proceeds from the repayment of any such loan shall be deposited in the appropriation account, within the contingent fund of the Senate, for "Miscellaneous Items", shall be credited to the fiscal year during which such loan was made, and shall thereafter be available for the same purposes for which the amount loaned was initially appropriated. HOUSE OF REPRESENTATIVES

.V" \;.i i |

PAYMENTS TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS

For payment to the estate of Clement J. Zablocki, late a Representative from the State of Wisconsin, $69,800. For payment to the estate of Edwin B. Forsythe, late a Representative from the State of New Jersey, $72,600. For payment to Verna J. Perkins, widow of Carl D. Perkins, late a Representative from the State of Kentucky, $72,600. HOUSE LEADERSHIP OFFICES

For an additional amount for "House leadership offices", $116,000. SALARIES, OFFICERS AND EMPLOYEES

For an additional amount for "Salaries, officers and employees", $171,000. .. '. COMMITTEE ON APPROPRIATIONS (STUDIES AND INVESTIGATIONS)

For an additional amount for the "Committee on Appropriations", $300,000. M E M B E R S ' CLERK HIRE

For an additional amount for "Members' clerk hire", $7,322,000. ALLOWANCES AND EXPENSES

For an additional amount for "Allowances and expenses", $18,760,000. M-\i-ll 38u s f l j ' l o !;:„

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Page:United States Statutes at Large Volume 98 Part 2.djvu/237

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1397

JOINT ITEMS '*

'

'

C O N T I N G E N T E X P E N S E S OF THE S E N A T E

JOINT COMMITTEE ON INAUGURAL CEREMONIES OF 1985

For construction of platform and seating stands and for salaries and expenses of conducting the inaugural ceremonies of the President and Vice President of the United States, January 21, 1985, in accordance with such program as may be adopted by the joint committee authorized by Senate Concurrent Resolution 122, Ninetyeighth Congress, agreed to June 29, 1984, $786,000, to remain available until September 30, 1985. OFFICE OF THE ATTENDING PHYSICIAN

For an additional amount for the "Office of the attending physician", $129,000, of which $51,000 shall not become available until October 1, 1984 and shall remain available until September 30, 1985: Provided, That the reimbursement to the Department of the Navy for fiscal year 1985 shall be increased by $46,200: Provided further. That the number of assistants eligible to receive the monthly allowance during fiscal year 1985 shall be increased by two.

. jen n

CAPITOL POLICE I

For an additional amount for "General expenses", $125,000. OFFICIAL MAIL COSTS

For an additional amount for "Official mail costs", $10,200,000. ARCHITECT OF THE CAPITOL CONTINGENT EXPENSES

For an additional amount for "Contingent expenses", $150,000, to remain available until expended. 3 • « v r, ^.rA

r

CAPITOL BUILDINGS (INCLUDING RESCISSION OF FUNDS)

'^ "

For an additional amount for "Capitol buildings", $2,650,000, to remain available until expended: Provided, That the cost limitation for security installations authorized by House Concurrent Resolution 550, Ninety-second Congress, agreed to September 19, 1972, is 86 Stat. 1581. » hereby further increased by $1,900,000. Of the amounts appropriated under this heading in Public Law Ante, p. 482. 98-367, $72,000 are rescinded. CAPITOL GROUNDS

For an additional amount for "Capitol grounds", $200,000: Provided, That the paragraph under this heading in Public Law 98-51 97 Stat. 273. is amended by striking out "$10,000" and inserting in lieu thereof "$240,000".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/238

 98 STAT. 1398

PUBLIC LAW 98-396—AUG. 22, 1984 SENATE OFFICE BUILDINGS

For an additional amount for "Senate office buildings", $7,000,000 to remain available until expended. HOUSE OFFICE BUILDINGS

For an additional amount for "House office buildings", $152,000, to remain available until expended. LIBRARY BUILDINGS A N D GROUNDS •J

STRUCTURAL A N D MECHANICAL CARE

41 USC 5.

For an additional amount for "Structural and mechanical care", $81,500,000, to remain available until expended: Provided, That not to exceed $81,000,000 of this amount shall be for the renovation and restoration of the Jefferson and Adams Buildings of the Library of Congress and that funds available under this proviso shall be available for obligation without regard to section 3709 of the revised statutes, as amended. -

LIBRARY OF CONGRESS SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $11,500,000, to remain available until expended, for the construction of a mass book deacidification facility.

.omfimmt:'^ii^y

CHAPTER IX

-^I^^

,„, -,01

MILITARY CONSTRUCTION MILITARY CONSTRUCTION, NAVY

For an additional amount for "Military construction, Navy", $25,000,000, to remain available for obligation until September 30, 1988. MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for "Military construction. Air Force", $49,000,000, to remain available for obligation until September 30, 1988. GENERAL PROVISIONS Contracts with US. !> <,,

None of the funds appropriated by this or any other Act for military construction in the United States territories and possessions in the Pacific and on Kwajalein Island, may be used to award any contract estimated by the Government to exceed $5,000,000 to a foreign contractor: Provided, That this paragraph shall not be applicable to contract awards for which the lowest responsive bid of a United States contractor exceeds the lowest responsive bid of a foreign contractor by greater than 20 per centum: Provided further, .Q7:k:t:-'i That the Secretary of Defense may waive the applicability of this section when he determines that such a waiver is in the public interest.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/239

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1399

Notwithstanding any other provision of law, funds appropriated for the design of the renovation of and addition to Brooke Army Medical Center at Fort Sam Houston, Texas, are also available for the design of a replacement facility. The appropriation, "Military Construction, Defense Agencies 1984/1988" (Public Law 98-116) is amended by inserting the following after "Provided,": "That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further,". Unexpended balances in the Military Family Housing Management Account established pursuant to section 2831 of title 10, United States Code, as well as any additional amounts which would otherwise be transferred to the Military Family Housing Management Account during fiscal year 1984, shall be transferred to the appropriations for Family Housing provided in the fiscal year 1984 Military Construction Appropriation Act, Public Law 98-116, October 11, 1983, as determined by the Secretary of Defense, based on the sources from which the funds were derived, and shall be available for the same purposes, and for the same time period, as the appropriation to which they have been transferred. Notwithstanding any other provision of law, the Secretary of the Navy may utilize part of the funds from the sale of property at the Naval Base, Port Hueneme, California, as specified in section 812 of Public Law 98-115, to build replacement facilities. 1 ^

CHAPTER X

Medical center, Ft. Sam Houston, Tex. 97 Stat. 798.

Housing,

97 Stat. 797, 798.

Naval base, Port Hueneme, Calif. 97 Stat. 790.

n

DEPARTMENT OF TRANSPORTATION Si.

COAST GUARD OPERATING EXPENSES (TRANSFER OF FUNDS)

For an additional amount for "Operating expenses", $6,000,000 to be derived by transfer from "Retired pay": Provided, That none of the funds appropriated under this or any other Act may be used to take any measure to reduce below five vessels the polar icebreaker fleet operated by the Coast Guard. FEDERAL AVIATION ADMINISTRATION AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM •?, • - i'V

For the settlement of promissory notes issued to the Secretary of the Treasury pursuant to the Supplemental Appropriations Act, 1983, $102,490,000, to remain available until expended together with 97 Stat. 301. such sums as may be necessary for the payment of interest due under the terms and conditions of such notes.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/240

 98 STAT. 1400 ir^.h.

, PUBLIC LAW 98-396—AUG. 22, 1984 FEDERAL RAILROAD ADMINISTRATION RAIL SERVICE ASSISTANCE

For an additional amount for "Rail service assistance", $5,678,000, to remain available until expended, for payment to the Secretary of the Treasury for debt reduction, together with such sums as may be necessary for the payment of interest due to the Secretary of the Treasury under the terms and conditions of such debt. CONRAIL LABOR PROTECTION (INCLUDING TRANSFER OF FUNDS)

"

For an additional amount for "Conrail labor protection", $10,000,000, to remain available until expended, together with $15,000,000 to be derived from the unobligated balances of Conrail Workforce Reduction (section 702) funds. SETTLEMENTS OF RAILROAD LITIGATION M"),Wy.?&'•

45 USC 720.

'^

For the settlement of promissory notes pursuant to section 210(f) of the Regional Rail Reorganizational Act of 1973 (Public Law 93236) as amended, $286,079,000, to remain available until expended, together with such sums as may be necessary for the payment of interest due to the Secretary of the Treasury under the terms and conditions of such notes. GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

For an additional amount for "Grants to the national railroad passenger corporation", $1,119,636,000, to remain available until expended, for payment to the Secretary of the Treasury for debt reduction, along with such sums as may be necessary for the payment of interest due to the Secretary of the Treasury under the terms and conditions of such debt. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING FUNDS

For an additional amount for "Railroad rehabilitation and improvement financing funds", $667,000, to remain available until expended, for payment to the Secretary of the Treasury for debt reduction, together with such sums as may be necessary for the payment of interest due to the Secretary of the Treasury under the terms and conditions of such debt. *--'- —-— ^ > \

•

URBAN MASS TRANSPORTATION ADMINISTRATION

49 USC app. 1604.

'0?-

The last sentence of section 5(a)(3)(A) of the Urban Mass Transportation Act of 1964 is amended by inserting before the period a t the end thereof the following: ", except that such s u m s may also be available for expenditure for b u s and b u s related facilities if the r e a r e no c o m m u t e r rail or fixed guideway systems in operation

and attributable to the urbanized area in the fiscal year of apportionment".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/241

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1401

RELATED AGENCY "

PANAMA CANAL COMMISSION

^

OPERATING EXPENSES

mi.:^

(RESCISSION)

Of the funds provided for "operating expenses" for fiscal year 1984 in Public Law 98-78, $17,750,000 are rescinded. 97 Stat. 468. „,,,^,,,..,,^,,,...,.

,^

.

CAPITAL OUTLAY (RESCISSION)

Of the funds provided for "capital outlay" for fiscal year 1984 in Public Law 98-78, $7,625,000 are rescinded. 97 Stat. 469. CHAPTER XI

DEPARTMENT OF THE TREASURY '':.,'

UNITED STATES CUSTOMS SERVICE SALARIES AND EXPENSES (TRANSFER OF FUNDS)

For an additional amount for "Salaries and expenses, United States Customs Service", $3,000,000, to be derived by transfer from "Salaries and expenses. United States Secret Service", to remain available until expended. BUREAU OF GOVERNMENT FINANCIAL OPERATIONS "

POSTAL SAVINGS SYSTEM UQUIDATION

^^ For necessary funds to be held in trust for payment of claims by or on behalf of depositors to the Postal Savings System, as authorized by section 2 of Public Law 92-117, approved August 13, 1971, 31 USC 1322. $1,000,000. EXECUTIVE OFFICE OF THE PRESIDENT • mm~i 'i - ^^^r

.

''**'" • "*'

OFFICE OF MANAGEMENT AND BUDGET OFFICE OF FEDERAL PROCUREMENT POLICY

Notwithstanding the limitation on expenses for travel contained in the House passed bill (H.R. 4139) and carried forward by Public Law 93-151, expenses for travel within the level of existing re- 97 Stat. 982. sources, such amounts as are necessary are hereby authorized.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/242

 98 STAT. 1402

PUBLIC LAW 98-396—AUG. 22, 1984 INDEPENDENT AGENCIES GENERAL SERVICES ADMINISTRATION FEDERAL BUILDINGS FUND LIMITATIONS ON AVAILABILITY OF REVENUE

,.ij

,;,

40 USC 601 '^ote.

In addition to the aggregate amount heretofore made available for real property management and related activities in fiscal year 1984, $50,000 shall be made available for such purposes and shall remain available until expended for the construction and acquisition of facilities, as follows: Payment of Construction Claim: Kansas: Topeka, Federal Building, Courthouse, and Parking Facility, $50,000: Provided, That the immediately foregoing limit may be exceeded to the extent that savings are effected in other such projects but by not to exceed 10 per centum: Provided further. That claims against the Government of less than $10,000 arising from direct construction projects, acquisitions of buildings, and purchase contract projects pursuant to Public Law 92-313 be liquidated with prior notification of the Committees on Appropriations of the House and Senate to the extent savings are effected in other such projects: Provided further, That any revenues and collections and any other sums accruing to this fund during fiscal year 1984, excluding reimbursements under section 210(fK6) in excess of $2,016,277,000 shall remain in the fund and shall not be available for expenditure except as authorized in appropriation Acts. OFFICE OF PERSONNEL MANAGEMENT

riii*

SALARIES AND EXPENSES

'--'

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(INCLUDING TRANSFERS FROM TRUST FUNDS)

97 Stat. 982. 42 USC 1973

Notwithstanding the limitation on expenses for travel contained in the House passed bill (H.R. 4139) and carried forward by Public Law 98-151, expenses for travel within the level of existing resources, to carry out the requirements of the Voting Rights Act of 1965, such amounts as are necessary are hereby authorized,

note. PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For an additional amount for "Payment to Civil Service Retirement and Disability Fund", $238,081,000. £.-...„i...,.„Ante, p. 48.

REVOLVING FUND

«.."^«^4o.,•s^v.^^«yr

Pursuant to section 4109(d)(l) of title 5, United States Code, not to exceed $12,000 shall be for entertainment expenses of the President's Commission on Executive Exchange.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/243

 PUBLIC LAW 98-396—AUG. 22, 1984 '

'

98 STAT. 1403

UNITED STATES TAX COURT SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $400,000, to remain available until expended. ADMINISTRATIVE PROVISIONS

Section 301(a)(3) of the Omnibus Budget Reconciliation Act of 1982 (5 U.S.C. 8340 note) is amended by adding at the end thereof the following new sentence: "If the percentage increase in the price index for fiscal year 1985 (as determined by the Office of Personnel Management under section 834003) of title 5, United States Code) is less than the assumed increase in the price index for that year, then the increase in the annuity or retired or retainer pay of an early retiree under paragraph (1) taking effect in that fiscal year shall be equal to the percentage increase in the price index for that year (as so determined).". Section 8344(d) of title 5, United States Code, is amended by striking out "in the same amount on termination of the employment," and inserting in lieu thereof "on termination of the employment in the amount equal to the sum of the amount of the annuity the member was receiving immediately before the commencement of the employment and the amount of the increases which would have been made in the amount of the annuity under section 8340 of this title during the period of the employment if the annuity had been payable during that period,".

.8, i q ^ak

CHAPTER XII FUNDS APPROPRIATED TO THE PRESIDENT AGENCY FOR INTERNATIONAL DEVELOPMENT HEALTH, DEVELOPMENT ASSISTANCE

For an additional amount for "Health, development assistance", $7,500,000: Provided, That these funds shall be transferred to "International disaster assistance": Provided further, That these funds shall remain available until September 30, 1985: Provided further. That these funds shall be used only for assistance for Miskito and other Indian groups in Honduras dislocated or otherwise suffering as a result of the strife in that region, for food, medicine and medical care, clothing, temporary shelter, transportation for supplies and personnel, and similar assistance to alleviate the suffering of such people.

^

, 31 0

DEPARTMENT OF STATE INTERNATIONAL ORGANIZATIONS AND PROGRAM

For an additional amount for "International organizations and programs", $1,000,000: Provided, That this amount shall be available only for payment to the International Atomic Energy Agency: Provided further. That of the amount made available for the International Atomic Energy Agency under this chapter and the funds made available for the International Atomic Energy Agency in

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/244

 98 STAT. 1404 97 Stat. 964.

PUBLIC LAW 98-396—AUG. 22, 1984

Public Law 98-151, not less than $7,000,000 shall be available only for the safeguards program. PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

For an additional amount for "Payment to the Foreign Service Retirement and Disability Fund", $4,083,000. INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for "International disaster assistance", $16,000,000: Provided, That this sum shall be available only for emergency inland transportation associated with food relief efforts in Africa. OPERATING EXPENSES

For an additional amount for "Operating Expenses", $3,700,000, to remain available until September 30, 1985. ECONOMIC SUPPORT FUND

For an additional amount for the "Economic Support Fund", $50,000,000, to be available only for the Dominican Republic and to remain available until March 31, 1985. CLEMENT J. ZABLOCKI MEMORIAL OUTPATIENT FACILITY IN POLAND

Ante, p. 153.

For an additional amount for the "Economic Support Fund", to Carry out Public Law 98-266, $10,000,000, to remain available until expended. DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for "Migration and refugee assistance", $7,650,000, to remain available until March 31, 1985, of which $2,000,000 shall be transferred to the Agency for International Development and shall be made available for "International disaster assistance" to be used only for medical and medically related assistance for Afghan refugees. CENTRAL AMERICA DEMOCRACY, PEACE AND DEVELOPMENT INITIATIVE

22 USC 2151 note.

For expenses necessary to enable the President to carry out the provisions of the Central America Democracy, Peace and Development Initiative Act of 1984, the Foreign Assistance Act of 1961, as amended, and for other purposes, for assistance for Central American countries, to remain available until March 31, 1985, in addition to amounts otherwise made available for such purposes: AGENCY FOR INTERNATIONAL DEVELOPMENT AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION

For an additional amount for "Agriculture, rural development, and nutrition. Development Assistance", $10,000,000.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/245

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1405

HEALTH

For an additional amount for "Health, Development Assistance", $18,000,000. EDUCATION AND HUMAN RESOURCES DEVELOPMENT

For an additional amount for "Education and human resources development, Development Assistance", $10,00,000: Provided, That of this amount not less than $2,000,000 shall be available only for the International Student Exchange Program. ENERGY AND SELECTED DEVELOPMENT ACTIVITIES

For an additional amount for "Energy and selected development activities. Development Assistance", $30,000,000. ECONOMIC SUPPORT FUND

For an additional amount for the "Economic Support Fund", $290,500,000. OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

For an additional amount for "Operating expenses of the Agency for International Development", $2,489,000: Provided, That not less than $727,000 shall be available only for the activities of the Inspector General's office. INDEPENDENT AGENCY PEACE CORPS

For an additional amount to carry out the provisions of the Peace 22 USC 2501 Corps Act (75 Stat. 612), $2,000,000. note. MILITARY ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT MILITARY ASSISTANCE PROGRAM

For an additional amount for "Military assistance", $140,000,000, notwithstanding the limitations and restrictions contained in section 101(b) of Public Law 98-151: Provided, That not more than 97 Stat. 964. $70,000,000 of the funds made available by this paragraph shall be El Salvador. for El Salvador. GENERAL PROVISIONS

Funds under this chapter are made available notwithstanding section 10 of Public Law 91-672 and section 15(a) of the State Department Basic Authorities Act of 1956. None of the funds made available by this chapter shall be restricted for obligation or disbursement solely as a result of the policies of any multilateral institution. None of the funds appropriated in this Act for the purpose of providing military assistance to the Government of El Salvador shall be available after October 1, 1984, for obligation or expenditure

22 USC 2412. 22 USC 2680.

El Salvador, President of U.S. Report.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/246

 98 STAT. 1406

PUBLIC LAW 98-396—AUG. 22, 1984

unless the President has, by that date, prepared and transmitted to the Congress a report stating his determination that the Government of El Salvador has demonstrated progress towards free elections, land reform, freedom of association, the establishment of the rule of law and an effective judicial system, and the termination of the activities of the so-called death squads, including vigorous action against members of such squads who are guilty of crimes and prosecution to the extent possible of such members who are past offenders. CHAPTER XIII DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA FUNDS

P

GOVERNMENTAL DIRECTION AND SUPPORT

For an additional amount for "Governmental direction and support", $250,000, which shall be derived from the earnings of the applicable retirement funds, to pay legal, management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board: Provided, That notwithstanding any other provision of law, the District of Columbia Retirement Board shall transfer to the District of Columbia $748,000 from the District of Columbia Police Officers and Fire Fighters' Retirement Fund and $1,199,000 from the District of Columbia Teachers' Retirement Fund in conformity with appropriation transfers contained in this Act: Provided further, That all budget requests and justifications for the District of Columbia government shall start with the amounts appropriated in the most recently enacted appropriation Act and then explain changes from those amounts to the current budget request. U}G£

ECONOMIC DEVELOPMENT AND REGULATION

J

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for "Economic development and regulation", $3,912,300, of which $1,313,000 shall be derived by transfer from the appropriation "Human support services" and $2,563,300 shall be derived by transfer from the appropriation "Public works": Provided, That notwithstanding the provision regarding the calculation of repayments by the District of Columbia Housing Finance Agency under the heading "Economic development and regulation" in the District of Columbia Appropriation Act, 1984, approved October 13, 1983 (97 Stat. 820, 821; Public Law 98-125), for the fiscal year ending September 30, 1984, the District of Columbia Housing Finance Agency established by section 201 of the District of Columbia Housing Finance Agency Act, effective March 3, 1979 (D.C. Law 2-135; D.C. Code, sec. 45-2111), based upon its capability of repayments as determined each year by the Council of the District of Columbia from the agency's annual audited financial statements to the Council of the District of Columbia, shall repay to the general fund an amount equal to the appropriated administrative cost plus interest at a rate of 4 percent per annum for a term of fifteen years, with a deferral of payments for the first four years.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/247

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1407

PUBLIC SAFETY AND JUSTICE (INCLUDING TRANSFER OF FUNDS)

For an additional amount for "Public safety and justice", $4,318,000 of which $967,000 shall be payable from the revenue sharing trust fund: Provided, That $246,000 of this appropriation shall be derived by transfer from the appropriation "Governmental direction and support", $15,000 shall be derived by transfer from the appropriation "Economic development and regulation", $2,815,000 shall be derived by transfer from the appropriation "Public education system", and $479,000 shall be derived by transfer from the appropriation "Human support services". HUMAN SUPPORT SERVICES (INCLUDING TRANSFER OF FUNDS)

For an additional amount for "Human support services", $15,181,000, of which $287,000 shall be derived by transfer from the appropriation "Economic development and regulation", and $437,000 shall be derived by transfer from the appropriation "Public education system". PUBLIC WORKS (TRANSFER OF FUNDS)

For an additional amount for "Public works", $4,926,300, of which $611,000 shall be derived by transfer from the appropriation "Governmental direction and support", $97,300 shall be derived by transfer from the appropriation "Economic development and regulation", $3,660,000 shall be derived by transfer from the appropriation "Public education system", and $558,000 shall be derived by transfer from the appropriation "Human support services". ADJUSTMENTS

In addition to the reduction in authorized appropriations and expenditures within object class 30A (energy) required by Public Law 98-125 (97 Stat. 823), the Mayor is authorized and directed to further reduce authorized appropriations and expenditures for the fiscal year ending September 30, 1984, in the amount of $12,000,300 within one or several of the various appropriation headings in the District of Columbia Appropriation Act, 1984, approved October 13, 1983 (Public Law 98-125), as amended by this Act: Provided, That notwithstanding the provision regarding reductions within object class 13 under the heading "Adjustments" in the District of Columbia Appropriation Act, 1984, approved October 13, 1983 (97 Stat. 823; Public Law 98-125), the Mayor shall not be required to reduce authorized appropriations and expenditures within object class 13 (additional gross pay) in the amount of $361,800 for the fiscal year ending September 30, 1984: Provided further. That the Mayor is authorized and directed to further reduce authorized appropriations and expenditures as follows: $210,800 from "Governmental direction and support", $57,000 from "Economic development and regulation", and $94,000 from "Human support services".

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/248

 98 STAT. 1408

PUBLIC LAW 98-396—AUG. 22, 1984 WASHINGTON CONVENTION CENTER FUND

For the "Washington Convention Center", $6,072,000: Provided, That the Convention Center Board of Directors, established by section 3 of the Washington Convention Center Management Act of 1979, effective November 3, 1979 (D.C. Law 3-36; D.C. Code, sec. 9-602), shall reimburse the Auditor of the District of Columbia for all reasonable costs for performance of the annual convention center audit. CAPITAL OUTLAY

For an additional amount for "Capital outlay", $14,663,000: Provided, That $827,000 shall be available for project management and $788,000 for design by the Director of the Department of Public Works or by contract for architectural engineering services, as may be determined by the Mayor. WASHINGTON CONVENTION CENTER ENTERPRISE FUND (RESCISSION)

Of the funds appropriated for "Washington Convention Center Enterprise Fund" for fiscal year 1984, by the District of Columbia Appropriation Act, 1984, approved October 13, 1983 (97 Stat. 824; Public Law 98-125), $9,617,000 are rescinded. TITLE II—INCREASED PAY COSTS FOR THE FISCAL YEAR 1984 For additional amounts for appropriations for the fiscal year 1984, for increased pay costs authorized by or pursuant to law as follows: LEGISLATIVE BRANCH ggj^^^g ^IDM" rsoij;>nqoicjx;ii «riJ moil "Salaries, officers and employees", $6,752,000; "Office of the Legislative Counsel of the Senate", $38,000; "Senate Policy Committees", $86,000; "Inquiries and investigations", $1,218,000;

, '\

HOUSE OF REPRESENTATIVES

"House leadership offices", $94,000; "Salaries, officers and employees", $1,121,000; "Committee employees", $1,444,000; "Committee on Appropriations (Studies and investigations)", $75,000; "Members' clerk hire", $4,634,000; "Special and select committees", $1,400,000; JOINT ITEMS

"Joint Economic Committee", $75,000; "Joint Committee on Printing", $21,000; "Joint Committee on Taxation", $88,000; "Capitol Guide Service", $19,000;

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/249

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1409

OFFICE OF TECHNOLOGY ASSESSMENT

"Salaries and expenses", $178,000; CONGRESSIONAL BUDGET OFFICE

"Salaries and expenses", $423,000; ^1

,

ARCHITECT OF THE CAPITOL

Office of the Architect of the Capitol: "Salaries", $100,000; "Capitol buildings", $100,000; "Capitol grounds", $50,000; "Senate office buildings", $300,000; "House office buildings", $171,000; "Capitol power plant", $60,000; Library buildings and grounds: "Structural and mechanical care", $90,000; BOTANIC GARDEN

"Salaries and expenses", $40,000; LIBRARY OF CONGRESS

., a^hpiaB'

"Salaries and expenses", $2,448,000; Copyright Office: "Salaries and expenses", $141,000; Congressional Research Service: "Salaries and $1,012,000;

expenses",

GENERAL ACCOUNTING OFFICE

"Salaries and expenses", $4,549,000;

.:*.,'

kg*

THE JUDICIARY UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT (TRANSFER OF FUNDS)

"Salaries and expenses", $50,000, to be derived by transfer from "Fees of Jurors and Commissioners"; UNITED STATES COURT OF INTERNATIONAL TRADE (TRANSFER OF FUNDS)

"Salaries and expenses", $50,000, to be derived by transfer from "Fees of Jurors and Commissioners"; COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES (TRANSFERS OF FUNDS)

"Salaries of judges", $3,775,000, of which $3,625,000 shall be derived by transfer from "Expenses of Operation and Maintenance of the Courts" and $150,000 shall be derived by transfer from "Space and Facilities";

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/250

 98 STAT. 1410

PUBLIC LAW 98-396—AUG. 22, 1984

"Salaries of supporting personnel", $2,500,000, of which $1,000,000 shall be derived by transfer from "Fees of Jurors and Commissioners" and $1,500,000 shall be derived by transfer from "Space and Facilities"' "Defender services", $465,000, of which $375,000 shall be derived by transfer from "Expenses of Operation and Maintenance of the Courts" and $90,000 shall be derived by transfer from "Space and Facilities"; "Bankruptcy courts, Salaries and expenses", $3,400,000, to be derived by transfer from "Space and Facilities"; FEDERAL JUDICIAL CENTER (TRANSFER OF FUNDS)

"Salaries and expenses", $120,000, to be derived by transfer from "Space and Facilities"; EXECUTIVE OFFICE OF THE PRESIDENT WHITE HOUSE OFFICE

"Salaries and expenses", $356,000; EXECUTIVE RESIDENCE AT THE WHITE HOUSE

"Operating expenses", $82,000; OFFICE OF MANAGEMENT AND BUDGET

"Salaries and expenses", $403,000;

' ^"^"^ ^^rmlBB"

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

"Salaries and expenses", $128,000;

iMil

FUNDS APPROPRIATED TO THE PRESIDENT AGENCY FOR INTERNATIONAL DEVELOPMENT

"Operating expenses of the Agency for International Development', $4,790,000; DEPARTMENT OF AGRICULTURE ^^^

.«l^«r

(INCLUDING TRANSFERS OF FUNDS)

.^g

,.-^^bMi&'

"Office of the Secretary", $50,000; "Departmental Administration", for budget and program analysis, $44,000; for personnel, finance and management, operations, information resources management, minority affairs; small and disadvantaged business utilization, and regulatory hearings and decisions; $239,000; making a total of $283,000; "Office of Governmental and Public Affairs", $59,000; ., 5,, "Office of the Inspector General", $417,000; . - — * n^. "Office of the General Counsel", $330,000; "Agricultural Research Service", $3,448,000; ~, ' "National Agricultural Library", $59,000; ot*uiii,«i. U,M

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/251

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1411

"Animal and Plant Health Inspection Service", $2,344,000; "Agricultural Cooperative Service", $38,000; "Economic Research Service", $488,000; "Statistical Reporting Service", $527,000; "World Agricultural Outlook Board", $33,000; "Foreign Agricultural Service", $266,000; "Not to exceed an additional $45,000 may be transferred from the Commodity Credit Corporation funds to support the General Sales Manager"; RURAL ELECTRIFICATION ADMINISTRATION

"Salaries and expenses", $320,000; ^*"

FARMERS HOME ADMINISTRATION

"Salaries and expenses", $3,254,000; "Office of the Rural Development Policy", $17,000; SOIL CONSERVATION SERVICE

"Conservation Operations", $8,138,000; AGRICULTURAL MARKETING SERVICE

"Funds for strengthening markets, income and supply" (section 32), (increase of $58,000 in limitation, "marketing agreements and orders"); "Salaries and expenses", $301,000; "Office of Transportation", $26,000; FOOD SAFETY AND INSPECTION SERVICE

"Salaries and expenses", $5,112,000; FOOD AND NUTRITION SERVICE

"Food Program Administration", $1,710,000; "Human Nutrition Information Service", $34,000; FOREST SERVICE (TRANSFERS OF FUNDS)

"Forest research", $848,000, to be derived by transfer from "Construction"; "National forest system", $9,769,000, to be derived by transfer from "Construction"; "State and private forestry", $174,000 to remain available until expended to carry out activities authorized in Public Law 95-313, to 16 USC 2101 be derived by transfer from "Construction"; note. "Land acquisition", $23,000 to remain available until expended, to be derived by transfer from "Construction";

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/252

 98 STAT. 1412

PUBLIC LAW 98-396—AUG. 22, 1984
 * (iCHi.

DEPARTMENT OF COMMERCE GENERAL

ADMINISTRATION

(TRANSFER OF FUNDS)

"Salaries and expenses", $516,000, to be derived by transfer from "Regional development programs"; .,,. „ _ _^^.^ ^^^

B U R E A U OF THE C E N S U S

 * C|75^

(TRANSFER OF FUNDS)

"Salaries and expenses", $700,000, to be derived by transfer from "Regional development programs"; ECONOMIC DEVELOPMENT

ADMINISTRATION

"Salaries and expenses", $220,000; INTERNATIONAL TRADE ADMINISTRATION

"Operations and administration", $975,000, to remain available until expended; MINORITY BUSINESS DEVELOPMENT AGENCY (TRANSFER OF FUNDS)

„,

.-„„;-

K. -^

"Minority business development", $205,000, to be derived by transfer from "Regional development programs"; NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION

"Operations, research, and facilities", $11,800,000, to remain available until expended; PATENT AND TRADEMARK OFFICE

"Salaries and expenses", $1,200,000, to remain available until expended; NATIONAL BUREAU OF STANDARDS (TRANSFER OF FUNDS)

"Scientific and technical research and services", $1,659,000, to be derived by transfer from "Regional development programs", to remain available until expended; loii.' jai ^*^"

.

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

oi,1(TRANSFER OF FUNDS)

'taiVB-. J YC DSVneo 9 «

"Salaries and expenses", $100,000, to be derived by transfer from "Regional development programs", to remain available until expended;

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/253

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1413

DEPARTMENT OF DEFENSE—MILITARY MILITARY PERSONNEL (INCLUDING TRANSFER OF FUNDS)

"Military personnel, Army", $337,100,000; "Military personnel, Navy", $244,630,000, and in addition, $30,000,000 shall be derived by transfer from "Retired Pay, Defense, 1984"; "Military personnel. Marine Corps", $83,710,000; "Military personnel. Air Force", $287,360,000; "Reserve personnel. Navy", $17,700,000; "Reserve personnel, Air Force", $8,750,000; OPERATION AND MAINTENANCE

"Operation and maintenance, Army", $161,330,000; "Operation and maintenance, Navy", $198,410,000; "Operation and maintenance. Marine Corps", $8,920,000; "Operation and maintenance. Air Force", $102,050,000; "Operation and maintenance. Defense Agencies", $80,862,000; "Operation and maintenance, Army Reserve", $7,240,000; "Operation and maintenance. Navy Reserve", $1,590,000; "Operation and maintenance. Marine Corps Reserve", $220,000; "Operation and maintenance. Air Force Reserve", $6,950,000; "Operation and maintenance. Army National Guard", $13,900,000; "Operation and maintenance, Air National Guard", $15,750,000; "National Board for the Promotion of Rifle Practice, Army", $10,000. DEPARTMENT OF DEFENSE—CIVIL rt!( ii

r

DEPARTMENT OF THE ARMY . - . • • »

t •

CEMETERIAL EXPENSES, ARMY

"Salaries and expenses", $99,000; CORPS OF ENGINEERS—CIVIL (TRANSFERS OF FUNDS)

"General investigations", $2,000,000 to remain available until expended to be derived from "Construction, general"; "General expenses", $2,800,000 to remain available until expended to be derived from "Construction, general"; SOLDIERS' AND AIRMEN'S HOME

"Operation and maintenance", $362,000;

.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/254

 98 STAT. 1414

PUBLIC LAW 98-396—AUG. 22, 1984 1

DEPARTMENT OF EDUCATION DEPARTMENTAL MANAGEMENT r; 5

( TRANSFER O F FUNDS)

i

"Office of the Inspector General", $255,000, to be derived by transfer from "Higher education"; DEPARTMENT OF ENERGY

.;

"Energy Information Administration", $521,000;

'

"Economic regulation", $575,000; DEPARTMENT OF HEALTH AND HUMAN SERVICES FOOD AND DRUG ADMINISTRATION (INCLUDING TRANSFERS OF FUNDS)

"Salaries and expenses", $7,368,000, of which $890,000 shall be derived by transfer from "Health resources and services" including $627,000 from unobligated prior year funds; HEALTH RESOURCES AND SERVICES ADMINISTRATION (INCLUDING TRANSFER OF FUNDS)

"Indian health services", $1,500,000 and in addition, $6,904,000 to be derived by transfer of unobligated balances from "Health resources and services"; CENTERS FOR DISEASE CONTROL (INCLUDING TRANSFER OF FUNDS)

''' \i»^ J

"Disease control", $4,235,000 to be derived by transfer from "Health resources and services"; NATIONAL INSTITUTES OF HEALTH (INCLUDING TRANSFER OF FUNDS)

»«•«—^"^-^

"National Cancer Institute", $2,278,000; "National Heart, Lung and Blood Institute", $1,742,000; "National Institute of Dental Research", $511,000; "National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases", $1,448,000; "National Institute of Neurological and Communicative Disorders and Stroke", $678,000; "National Institute of Allergy and Infectious Diseases", $1,329,000; "National Institute of General Medical Sciences", $293,000; "National Institute of Child Health and Human Development", $867,000; "National Eye Institute", $448,000; "National Institute of Environmental Health Sciences", $791,000; "National Institute on Aging", $371,000; "Research Resources", $141,000;

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/255

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1415

"John E. Fogarty International Center", $71,000 to be derived by transfer of unobligated balances from "Health resources and services"; "National Library of Medicine", $607,000 to be derived by transfer of unobligated balances from "Health resources and services"; "Office of the Director", $616,000 to be derived by transfer of unobligated balances from "Health resources and services"; ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION (INCLUDING TRANSFER OF FUNDS)

"Alcohol, drug abuse, and mental health", $1,619,000, of which $985,000 shall be derived by transfer of unobligated balances from "Health resources and services"; "Federal Subsidy for Saint Elizabeths Hospital", $2,082,000 to be derived by transfer of unobligated balances from "Health resources and services"; SOCIAL SECURITY ADMINISTRATION (INCLUDING TRANSFER OF FUNDS)

"Low income home energy assistance", $44,000 to be derived by transfer of unobligated balances from "Health resources and services"; "Refugee and entrant assistance", $104,000 to be derived by transfer of unobligated balances from "Health resources and services"; OFFICE OF COMMUNITY SERVICES (TRANSFER OF FUNDS)

"Community services block grant", $69,000 to be derived by transfer from "Health resources and services"; DEPARTMENTAL MANAGEMENT (TRANSFER OF FUNDS)

"Office of the Inspector General", $1,474,000 to be derived by transfer of unobligated balances from "Health resources and services"; DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT

"Management of lands and resources", $6,023,000; UNITED STATES FISH AND WILDLIFE SERVICE

"Resource management", $4,446,000; NATIONAL PARK SERVICE

"Operation of the national park system", $9,195,000; GEOLOGICAL SURVEY

"Surveys, investigation, and research", $4,242,000;

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/256

 98 STAT. 1416

PUBLIC LAW 98-396—AUG. 22, 1984

^d '

MINERALS MANAGEMENT SERVICE

"Leasing and royalty management", $1,064,000;

, a

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

"Regulation and technology", $470,000; Mi)'irk,L'

"Salaries and expenses", $1,025,000; UNITED STATES PAROLE COMMISSION

"Salaries and expenses", $161,000;,. i

"Salaries "Salaries "Salaries $16,000; "Salaries $7,360,000; "Salaries

it,!

,,.,.,, |

LEGAL ACTIVITIES

and expenses, general legal activities", $3,370,000; ' and expenses, Antitrust Division", $754,000; and expenses. Foreign Claims Settlement Commission", and expenses, United States Attorneys and Marshals", and expenses. Community Relations Service", $131,000; INTERAGENCY LAW ENFORCEMENT

"Organized Crime Drug Enforcement", $1,132,000; FEDERAL BUREAU OF INVESTIGATION

"Salaries and expenses", $16,936,000;

.:,..--

sr<...=..'; =,vr

DRUG ENFORCEMENT ADMINISTRATION

"Salaries and expenses", $4,500,000;

, - ot,, -

r.trop 8 "

IMMIGRATION AND NATURALIZATION SERVICE

"Salaries and expenses", $9,381,000;

i tar? &ti i 'ic aoii nscfO'

FEDERAL PRISON SYSTEM

"Salaries and expenses", $7,506,000;

ci?fcsJ;ayv;i gvsv-itfB"

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/257

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1417

"Limitation on administrative and vocational training expenses, Federal Prison Industries, Incorporated" (increase of $19,000 in the limitation on Administrative expenses and $65,000 on Vocational Training expenses); OFFICE OF JUSTICE ASSISTANCE (TRANSFER OF FUNDS)

"Research and Statistics", $296,000, to be derived by transfer from "Law Enforcement Assistance"; DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION (INCLUDING TRANSFER OF FUNDS)

"Salaries and expenses", $2,806,000, together with not to exceed $9,000 which may be expended from the Special Fund in accordance with sections 39(c) and 44(j) of the Longshoremen's and Harbor 33 USC 939, 944. Workers' Compensation Act; "Black lung disability trust fund", $328,000 which shall be available for transfer to Employment Standards Administration, "Salaries and expenses"; DEPARTMENTAL MANAGEMENT (INCLUDING TRANSFER OF FUNDS)

"Salaries and expenses", $500,000, together with not to exceed $108,000 which may be expended from the Employment Security Administration account in the Unemployment 'Trust Fund and of which $108,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001-03; "Office of the Inspector General", $293,000; DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS

"Salaries and expenses", $10,196,000; INTERNATIONAL COMMISSIONS

International Boundary and Water Commission, United States and Mexico: "Salaries and expenses", $125,000; "American Sections, international commissions", $38,000; DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION (INCLUDING TRANSFER OF FUNDS)

"Motor carrier safety", $100,000 to be derived from the unobligated balances of "Railroad research and development"; "Limitation on general operating expenses" (increase of $1,700,000 in the limitation on general operating expenses);

31-194 - 0 - 86 - 9: QL. 3 Part 2

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Page:United States Statutes at Large Volume 98 Part 2.djvu/258

 98 STAT. 1418

PUBLIC LAW 98-396—AUG. 22, 1984 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

"Operations and research", $300,000, of which $100,000 shall be derived from the Highway Trust Fund; FEDERAL RAILROAD ADMINISTRATION ( TRANSFER OF FUNDS)

"Office of the administrator", $174,000 to be derived from the unobligated balances of "Railroad research and development"; URBAN MASS TRANSPORTATION ADMINISTRATION (TRANSFER OF FUNDS)

"Administrative expenses", $200,000 to be derived from the unobligated balances of "Railroad research and development";

<:.

.-

FEDERAL AVIATION ADMINISTRATION (INCLUDING TRANSFER OF FUNDS)

"Operations", $35,000,000, of which $1,200,000 shall be derived by transfer from the unobligated balances of "Interstate Commerce Commission, Salaries and expenses", and of which $3,800,000 shall be derived by transfer from the unobligated balances of "Civil Aeronautics Board, Payments to air carriers"; "Operation and maintenance. Metropolitan Washington Airports", $276,700 to be derived from the unobligated balances of "Construction, Metropolitan Washington Airports"; COAST GUARD (INCLUDING TRANSFERS OF FUNDS)

"Operating expenses", $9,000,000 together with $7,000,000 to be derived by transfer from the appropriation "Retired pay"; "Reserve training", $550,000 to be derived by transfer from the appropriation "Retired pay"; OFFICE OF THE SECRETARY (TRANSFER OF FUNDS)

"Salaries and expenses", $300,000 to be derived from the unobligated balances of "Railroad research and development";

DEPARTMENT OF THE TREASURY OFFICE OF THE SECRETARY

"Salaries and expenses", $1,409,000; FEDERAL LAW ENFORCEMENT TRAINING CENTER

"Salaries and expenses", $183,000; - - J.. - ., - . -

5, 3'2fi^- £

.- '

•?

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Page:United States Statutes at Large Volume 98 Part 2.djvu/259

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1419

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

"Salaries and expenses", $2,293,000; UNITED STATES CUSTOMS SERVICE

"Salaries and expenses", $11,538,000; INTERNAL REVENUE SERVICE

"Salaries and expenses", $1,694,000; "Taxpayer service and returns processing", $13,150,000; "Examinations and appeals", $26,310,000; "Investigation and collections", $19,676,000; Any appropriation made available to the Internal Revenue Service for the current fiscal year by this Act may be transferred to any other Internal Revenue Service appropriation to the extent necessary for increased pay costs authorized by or pursuant to law; UNITED STATES SECRET SERVICE

"Salaries and expenses", $1,597,000; ENVIRONMENTAL PROTECTION AGENCY "Salaries and expenses", $4,900,000; NATIONAL AERONAUTICS AND SPACE ADMINISTRATION "Research and program management", $17,582,000: Provided, That the amount available in the current fiscal year for expenses of travel is increased by $500,000: Provided further, That the amount available for expenses of travel from the "Research and program management" appropriation in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1985 Ante, p. 1227. (Public Law 98-371), is increased by $2,000,000; OFFICE OF PERSONNEL MANAGEMENT (INCLUDING TRANSFER OF FUNDS)

"Salaries and expenses", $898,000 for current fiscal year administrative expenses for the retirement and insurance programs to be transferred from the appropriate trust funds of the Office of Personnel Management in amounts to be determined by the Office of Personnel Management without regard to other statutes; SMALL BUSINESS ADMINISTRATION "Salaries and expenses", $3,900,000, of which $2,000,000 shall be derived by transfer from the "Disaster loan fund"; VETERANS ADMINISTRATION "Medical care", $158,688,000; "Medical and prosthetic research", $1,381,000; "Construction, minor projects", an increase of $334,000 in the limitation on the expenses of the Office of Construction;

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/260

 98 STAT. 1420

PUBLIC LAW 98-396—AUG. 22, 1984 OTHER INDEPENDENT AGENCIES ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

"Salaries and expenses", $23,000; ADVISORY COUNCIL ON HISTORIC PRESERVATION

"Salaries and expenses", $15,000;

-^ --i-

ARMS CONTROL AND DISARMAMENT AGENCY

"Salaries and expenses", $128,000; CIVIL AERONAUTICS BOARD (TRANSFER OF FUNDS)

"Salaries and expenses", $714,000 to be derived from the unobligated balances of "Payments to air carriers"; COMMISSION ON CIVIL RIGHTS

"Salaries and expenses", $123,000; COMMODITY FUTURES TRADING COMMISSION

"Commodity Futures Trading Commission", $339,000; CONSUMER PRODUCT SAFETY COMMISSION

"Salaries and expenses", $250,000;

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

"Salaries and expenses", $2,640,000; FEDERAL COMMUNICATIONS COMMISSION

"Salaries and expenses", $1,900,000; FEDERAL ELECTION COMMISSION

"Salaries and expenses", $95,000; FEDERAL EMERGENCY MANAGEMENT AGENCY (INCLUDING TRANSFER OF FUNDS)

"Salaries and expenses", $2,131,000, of which not to exceed $400,000 shall be derived from "State and local assistance", and of which not to exceed $307,000 shall be derived from "Emergency planning and assistance", to remain available until September 30, 1985; FEDERAL LABOR RELATIONS AUTHORITY

"Salaries and expenses", $168,000;

-

•

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/261

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1421

FEDERAL MARITIME COMMISSION

"Salaries and expenses", $190,000; FEDERAL MEDIATION AND CONCILIATION SERVICE

"Salaries and expenses", $97,000; FEDERAL TRADE COMMISSION

,j "Salaries and expenses", $650,000; INTELLIGENCE COMMUNITY STAFF

"Intelligence Community Staff', $144,000; INTERGOVERNMENTAL AGENCIES ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

"Salaries and expenses", $16,000; INTERNATIONAL TRADE COMMISSION

"Salaries and expenses", $464,000; MERIT SYSTEMS PROTECTION BOARD

"Salaries and expenses", $273,000; "Office of Special Counsel, Salaries and expenses", $85,000; NATIONAL CAPITAL PLANNING COMMISSION

"Salaries and expenses", $28,000; NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES i

•'it

NATIONAL ENDOWMENT FOR THE ARTS

"Salaries and expenses", $123,000; NATIONAL ENDOWMENT FOR THE HUMANITIES

"Salaries and expenses", $118,000; NATIONAL SCIENCE FOUNDATION

"Research and related activities", $460,000 (and an increase of $460,000 in the limitation on program development and management); "United States Antarctic program activities", $356,000, to remain available until expended; NATIONAL TRANSPORTATION SAFETY BOARD

"Salaries and expenses", $190,000;

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/262

 98 STAT. 1422

PUBLIC LAW 98-396—AUG. 22, 1984 SECURITIES AND EXCHANGE COMMISSION

"Salaries and expenses", $1,000,000; SELECTIVE SERVICE SYSTEM

"Salaries and expenses", $369,000;

,

.,

,

i.--r*' - J.-^

^;"

SMITHSONIAN INSTITUTION

"Salaries and expenses", $1,420,000; "Salaries and expenses, Woodrow Wilson International Center for Scholars", $18,000; OTHER TEMPORARY COMMISSIONS NAVAJO AND HOPI INDIAN RELOCATION COMMISSION

"Salaries and expenses", $22,000; UNITED STATES HOLOCAUST MEMORIAL COUNCIL

"United States Holocaust Memorial Council", $11,000; UNITED STATES INFORMATION AGENCY •aetisiBCi'

"Salaries and expenses", $3,160,000; UNITED STATES TAX COURT

"Salaries and expenses", $400,000. TITLE III

^

-^AH

GENERAL PROVISIONS

Postal Service employee compensation. 39 USC 1206 note. Bonneville Lock and Dam, Wash, and Ore. Fish and wildlife project.

SEC. 301. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 302. Except where specifically increased or decreased elsewhere in this Act, the restrictions contained within appropriations, or provisions affecting appropriations or other funds, available during the fiscal year 1984, limiting the amount which may be expended for personal services, or for purposes involving personal services, or amounts which may be transferred between appropriations or authorizations available for or involving such services, are hereby increased to the extent necessary to meet increased pay costs authorized by or pursuant to law. SEC. 303. None of the funds made available to the United States Postal Service under this Act or any other Act may be used to restructure employee compensation practices as in effect under the most recently effective collective bargaining agreement under section 1206 of title 39, United States Code, except in accordance with the results ofprocedures set forth in section 1207 of such title. SEC. 303a. The project for Bonneville Lock and Dam, Second Powerhouse, Washington and Oregon, is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to acquire in the Steigerwald Lake Wetlands Area, Clark

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Page:United States Statutes at Large Volume 98 Part 2.djvu/263

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1423

County, Wcishington, not more than one thousand acres of land at an estimated cost of $8,500,000 for the fish and wildlife mitigation purposes associated with this project. The Secretary is further authorized to undertake initial development of such lands and convey without monetary consideration the lands to the Department of the Interior, United States Fish and Wildlife Service for operation and maintenance. An additional amount of $8,500,000, to remain available until expended, is hereby appropriated for "Construction, general". Corps of Engineers—Civil, Department of the Army to carry out the provisions of this section. SEC. 304. No funds appropriated by this or any other Act to the Federal Communications Commission may be used to implement the Commission's decision adopted on July 26, 1984, in Docket GEN 83-1009 as it applies to television licenses, prior to April 1, 1985, or for sixty days after the Commission's reconsideration of its decision in this matter, whichever is later. The term "implement" shall include but not be limited to processing, review, approval, or acquisition of any interest in or the transfer or assignment of television licenses. SEC. 305. (a) The Congress finds and declares that— (1) the competing credit demands by State and local governments, agriculture, business, and consumers, aggravated by massive Federal debt financing and increasing credit demands by foreign governments, continue to cause serious economic disruption in rural America; (2) the United States has a vital interest in protecting the economic health of American farmers; (3) the American farmer has been caught in an unprecedented credit squeeze; (4) monetary and fiscal policies have substantially caused real interest rates to remain at two or three times historic levels of such rates; (5) high real interest rates have dramatically increased the value of the dollar to the detriment of farmers who devote at least one out of three acres of land to production for export; (6) the average value of an acre of farm land fell this year for the third year in a row, the longest sustained decline since the Great Depression; (7) the total amount of debt owed by American farmers is $203,800,000,000; (8) last year Brazil, Mexico, Argentina, and Venezuela held $260,000,000,000 in external debt and the interest payments on these loans alone totaled more than $20,000,000,000; (9) the Governments of Brazil, Mexico, Argentina, and Venezuela have been successful in securing postponements in debt and principal repayments, favorable renegotiations, new loan guarantees, and other special arrangements through private negotiations, assistance from the United States Government, and the International Monetary Fund; and (10) American farmers have been unsuccessful in obtaining as favorable special treatment from private banks or the Federal Government. (b) It is therefore the sense of the Congress that— (1) the President, in cooperation with the Board of Governors of the Federal Reserve System, should exercise appropriate authority to assure that an adequate flow of credit be available

5£(j?l =lg;:|

FCC television licensing.

Farmers, availability of credit.

,v;iuj<.'»

!x3

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Page:United States Statutes at Large Volume 98 Part 2.djvu/264

 98 STAT. 1424

5 USC 5532.

Legal Services Corp., funds.

Post, p. 1563.

97 Stat. 1088.

Poultry. Eggs. Exports.

PUBLIC LAW 98-396—AUG. 22, 1984

to American farmers at reasonable rates and that American farmers be treated no less favorably than foreign borrowers with comparable levels of risk, and (2) the President, in cooperation with the Board of Governors of the Federal Reserve System, should take noninflationary actions necessary to reduce interest rates which are currently at levels abnormally above the historic real cost of money. SEC. 306. Section 5532(f)(2) of title V, United States Code, is amended by striking "December 31, 1984" and inserting "December 31, 1985" in lieu thereof. SEC. 307. Upon the enactment of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1985, the first proviso under the heading "Legal Services Corporation, Payment to the Legal Services Corporation ', in title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1985, is amended to read as follows: "Provided, That the funds appropriated in this paragraph shall be expended in accordance with the provisions under the heading 'Legal Services Corporation, Payment to the Legal Services Corporation contained in Public Law 98-166 except that 'fiscal year 1984', wherever it appears in such provisions, shall be construed as 'fiscal year 1985', 'fiscal year 1983', wherever it appears in such provisions, shall be construed as 'fiscal year 1984'; 'January 1, 1984' shall be construed as 'January 1, 1985'; '$6.50' shall be construed as '$7.61'; and '$13' shall be construed as '$13.57'; and shall not be denied to any grantee or contractor which received funding from the Corporation in fiscal year 1984 as a result of activities which during fiscal year 1984 have been found by an independent hearing officer appointed by the President of the Corporation not to constitute grounds for a denial of refunding:". SEC. 308. (a) The Congress finds that— (1) the export of American poultry meat products has reduced our Nation s annual trade deficit by over $275,000,000 but has declined for two straight years; (2) an even more drastic decline in the exports of American shell eggs has occurred over the same period of time and many foreign markets have been completely lost; (3) the decline of such exports is largely a result of the use of unfair trade subsidies for poultry and egg exports by countries of the European Economic Community and Brazil; (4) the United States has been engaged for almost three years in negotiations with such countries to end the use of such subsidies but has been unable to make substantial progress in ending such subsidies; and (5) further negotiations to end the use of such subsidies are expected to be held in October 1984. (b) It is the sense of the Congress that— (1) the President should use all practicable means to necessitate an end to the use of unfair trade subsidies for poultry and egg exports by countries of the European Economic Community and Brazil in order to permit American producers to compete more fairly in international markets and to avoid the imposition of such subsidies by the United States; and (2) the President should use all of the authorities available, including the Commodity Credit Corporation, to move United States agricultural products in world trade at competitive prices.

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 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1425

SEC. 309. The Secretary of Commerce is directed to submit, within Fishermen's thirty days of the date of enactment of this Act, to the appropriate Guarantee Fund. committees of the Congress a report specifying a proposal to meet ^^^^ the funding obligations of the Fishermen's Guarantee Fund. This Act may be cited as the "Second Supplemental Appropriations Act, 1984". Approved August 22, 1984.

LEGISLATIVE HISTORY—H.R. 6040: HOUSE REPORTS: No. 98-916 (Comm. on Appropriations) and No. 98-977 (Comm. of SENATE REPORT No. 98-570 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 1, considered and passed House. Aug. 7, 8, considered and passed Senate, amended. Aug. 10, House agreed to conference report, receded and concurred in certain Senate amendments, and in others with amendments. Senate agreed to conference report, receded and concurred in House amendments.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/266

 98 STAT. 1426

PUBLIC LAW 98-397—AUG. 23, 1984

Public Law 98-397 98th Congress An Act Aug. 23, 1984 [H.R. 4280]

Retirement Equity Act of 1984. 29 USC 1001

note.

To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1954 to improve the delivery of retirement benefits and provide for greater equity under private pension plans for workers and their spouses and dependents by taking into account changes in work patterns, the status of marriage as an economic partnership, and the substantial contribution to that partnership of spouses who work both in and outside the home, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ' SECTION 1. SHORT TITLE.

This Act may be cited as the "Retirement Equity Act of 1984".

TITLE I — AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 SEC. 101. AMENDMENT OF ERISA.

29 USC 1001 note.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Employee Retirement Income Security Act of 1974. SEC. 102. MODIFICATIONS OF MINIMUM PARTICIPATION AND VESTING STANDARDS. (a) AGE LIMITATION FOR MINIMUM PARTICIPATION STANDARDS LOWERED FROM AGE 25 TO AGE 21.—

(1) IN GENERAL.—Clause (i) of section 202(a)(l)(A) (29 U.S.C. 1052(a)(l)(A)(i)) is amended by striking out "25" and inserting in lieu thereof "21". (2) SPECIAL RULE FOR CERTAIN PLANS.—Clause (ii) of section

202(a)(l)(B) (29 U.S.C. 1052(a)(l)(B)(ii)) is amended by striking out " '30' for '25' " and inserting in lieu thereof " '26' for '21' ' \ (b) YEARS OF SERVICE AFTER AGE 18 (INSTEAD OF AGE 22) TAKEN INTO ACCOUNT FOR DETERMINING NONFORFEITABLE PERCENTAGE.—

Subparagraph (A) of section 203(b)(l) (29 U.S.C. 1053(b)(l)(A)) is amended by striking out "22" and inserting in lieu thereof "18". (c) BREAK IN SERVICE FOR VESTING UNDER INDIVIDUAL ACCOUNT

PLANS.—Subparagraph (C) of section 203(b)(3) (29 U.S.C. 1053(b)(3)(C)) is amended— (1) by striking out "any 1-year break in service" and inserting in lieu thereof "5 consecutive 1-year breaks in service", and (2) by striking out "such break" each place it appears and inserting in lieu thereof "such 5-year period". (d) RULE OF PARITY FOR NONVESTED PARTICIPANTS TO B E APPLIED ONLY IF BREAK IN SERVICE EXCEEDS 5 YEARS.—

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 PUBLIC LAW 98-397—AUG. 23, 1984

98 STAT. 1427

(1) MINIMUM PARTICIPATION STANDARDS.—Paragraph (4) of section 202(b) (29 U.S.C. 1052(b)(4)) is amended to read as follows: "(4)(A) For purposes of paragraph (1), in the case of a nonvested participant, years of service with the employer or employers maintaining the plan before any period of consecutive 1-year breaks in service shall not be required to be taken into account in computing the period of service if the number of consecutive 1-year breaks in service within such period equals or exceeds the greater of— "(i)5,or "(ii) the aggregate number of years of service before such period. "(B) If any years of service are not required to be taken into account by reason of a period of breaks in service to which subparagraph (A) applies, such years of service shall not be taken into account in applying subparagraph (A) to a subsequent period of breaks in service. "(C) For purposes of subparagraph (A), the term 'nonvested participant' means a participant who does not have any nonforfeitable right under the plan to an accrued benefit derived from employer contributions.". (2) MINIMUM VESTING STANDARDS.—Subparagraph (D) of section 203(b)(3) (29 U.S.C. 1053(b)(3)(D)) is amended to read as follows: "(D)(i) For purposes of paragraph (1), in the case of a nonvested participant, years of service with the employer or employers maintaining the plan before any period of consecutive 1-year breaks in service shall not be required to be taken into account if the number of consecutive 1-year breaks in service within such period equals or exceeds the greater of— "(I) 5, or "(II) the aggregate number of years of service before such period. "(ii) If any years of service are not required to be taken into account by reason of a period of breaks in service to which clause (i) applies, such years of service shall not be taken into account in applying clause (i) to a subsequent period of breaks in service. "(iii) For purposes of clause (i), the term 'nonvested participant' means a participant who does not have any nonforfeitable right under the plan to an accrued benefit derived from employer contributions.". (e) CERTAIN MATERNITY OR PATERNITY ABSENCES NOT TREATED AS BREAKS IN SERVICE.— (1) MINIMUM PARTICIPATION STANDARDS.—Subsection (b) of sec-

tion 202 (29 U.S.C. 1052(b)) is amended by adding at the end thereof the following new paragraph: "(5)(A) In the case of each individual who is absent from work for any period— "(i) by reason of the pregnancy of the individual, "(ii) by reason of the birth of a child of the individual, "(iii) by reason of the placement of a child with the individual in connection with the adoption of such child by such individual, or "(iv) for purposes of caring for such child for a period beginning immediately following such birth or placement, the plan shall treat as hours of service, solely for purposes of determining under this subsection whether a 1-year break in service

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Page:United States Statutes at Large Volume 98 Part 2.djvu/268

 98 STAT. 1428 29 USC 1053.

29 USC 1052.

PUBLIC LAW 98-397—AUG. 23, 1984

(as defined in section 203(b)(3)(A)) has occurred, the hours described in subparagraph (B). "(B) The hours described in this subparagraph are— "(i) the hours of service which otherwise would normally have been credited to such individual but for such absence, or "(ii) in any case in which the plan is unable to determine the hours described in clause (i), 8 hours of service per day of such absence, except that the total number of hours treated as hours of service under this subparagraph by reason of any such pregnancy or placement shall not exceod 501 hours. "(C) The hours described in subparagraph (B) shall be treated as hours of service as provided in this par£^aph— "(i) only in the year in which the absence from work begins, if a participant would be prevented from incurring a 1-year break in service in such year solely because the period of absence is treated as hours of service as provided in subparagraph (A); or "(ii) in any other case, in the immediately following year. "(D) For purposes of this paragraph, the term 'year' means the period used in computations pursuant to section 202(a)(3)(A). "(E) A plan may provide that no credit will be given pursuant to this paragraph unless the individual furnishes to the plan administrator such timely information as the plan may reasonably require to establish— "(i) that the absence from work is for reasons referred to in subparagraph (A), and "(ii) the number of days for which there was such an absence (2) MINIMUM VESTING STANDARDS.—Section 203(b)(3) (29 U.S.C. 1053(b)(3)) is amended by adding at the end thereof the following new subparagraph: "(E)(i) In the case of each individual who is absent from work for any period— "(I) by reason of the pregnancy of the individual, "(II) by reason of the birth of a child of the individual, "(III) by reason of the placement of a child with the individual in connection with the adoption of such child by such individual, or "(IV) for purposes of caring for such child for a period beginning immediately following such birth or placement, the plan shall treat as hours of service, solely for purposes of determining under this paragraph whether a 1-year break in service has occurred, the hours described in clause (ii). "(ii) The hours described in this clause are— "(I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or "(II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence, except that the total number of hours treated as hours of service under this clause by reason of such pregnancy or placement shall not exceed 501 hours. "(iii) The hours described in clause (ii) shall be treated as hours of service as provided in this subparagraph— "(I) only in the year in which the absence from work begins, if a participant would be prevented from incurring a 1-year break

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 PUBLIC LAW 98-397—AUG. 23, 1984

98 STAT. 1429

in service in such year solely because the period of absence is treated as hours of service as provided in clause (i); or "(ID in any other case, in the immediately following year, "(iv) For purposes of this subparagraph, the term 'year' means the period used in computations pursuant to paragraph (2). "(v) A plan may provide that no credit will be given pursuant to this subparagraph unless the individual furnishes to the plan administrator such timely information as the plan may reasonably require to establish— "(I) that the absence from work is for reasons referred to in clause (i), and "(11) the number of days for which there was such an absence.". (3) ABSENCES DISREGARDED FOR PURPOSES OF ACCRUED BENEFIT

REQUIREMENTS.—Subparagraph (A) of section 204(b)(3) (29 U.S.C. 1054(b)(3)(A)) is amended by inserting ", determined without regard to section 202(b)(5)" after "section 202(b)". (f) APPLICATION OF BREAK IN SERVICE RULES TO ACCRUED BENE-

FITS.—Subsection (e) of section 204 (29 U.S.C. 1054(e)) is amended by striking out "any 1-year break in service" and inserting in lieu thereof "5 consecutive 1-year breaks in service". SEC. 103. REQUIREMENT OF JOINT AND SURVIVOR ANNUITIES AND PRETIREMENT SURVIVOR ANNUITIES.

(a) GENERAL RULE.—Section 205 (29 U.S.C. 1055) is amended to read as follows: "REQUIREMENT OF JOINT A N D SURVIVOR ANNUITY AND

PRETIREMENT SURVIVOR ANNUITY

"SEC. 205. (a) Each pension plan to which this section applies shall provide that— "(1) in the case of a vested participant who retires under the plan, the accrued benefit payable to such participant shall be provided in the form of a qualified joint and survivor annuity, and "(2) in the case of a vested participant who dies before the annuity starting date and who has a surviving spouse, a qualified preretirement survivor annuity shall be provided to the surviving spouse of such participant. "(b)(1) This section shall apply to— "(A) any defined benefit plan, "(B) any individual account plan which is subject to the funding standards of section 302, and 29 USC 1082. "(C) any participant under any other individual account plan unless— "(i) such plan provides that the participant's nonforfeitable accrued benefit is payable in full, on the death of the participant, to the participant's surviving spouse (or, if there is no surviving spouse or the surviving spouse consents in the manner required under subsection (c)(2)(A), to a designated beneficiary), "(ii) such participant does not elect the payment of benefits in the form of a life annuity, and "(iii) with respect to such participant, such plan is not a transferee of a plan which is described in subparagraph (A)

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 98 STAT. 1430

Ante, p. 852. 26 USC 4975. Ante, p. 852.

Age limitation.

PUBLIC LAW 98-397—AUG. 23, 1984

or (B) or to which this clause applied with respect to the participant. "(2)(A) In the case of— "(i) a tax credit employee stock ownership plan (as defined in section 409(a) of the Internal Revenue Code of 1954), or "(ii) an employee stock ownership plan (as defined in section 4975(e)(7) of such Code), subsection (a) shall not apply to that portion of the employee's accrued benefit to which the requirements of section 409(h) of such Code apply. "(B) Subparagraph (A) shall not apply with respect to any participant unless the requirements of clause (i), (ii), and (iii) of paragraph (I)(C) are met with respect to such participant. "(c)(1) A plan meete the requirements of this section only if— "(A) under the plan, each participant— "(i) may elect at any time during the applicable election period to waive the qualified joint and survivor annuity form of benefit or the qualified preretirement survivor annuity form of benefit (or both), and "(ii) may revoke any such election at any time during the applicable election period, and "(B) the plan meets the requirements of paragraphs (2) and (3). "(2) Each plan shall provide that an election under paragraph (IXAXi) shall not take effect unless— "(A) the spouse of the participant consents in writing to such election, and the spouse's consent acknowledges the effect of such election and is witnessed by a plan representative or a notary public, or "(B) it is established to the satisfaction of a plan representative that the consent required under subparagraph (A) may not be obtained because there is no spouse, because the spouse cannot be located, or because of such other circumstances as the Secretary of the Treasury may by regulations prescribe. Any consent by a spouse (or establishment that the consent of a spouse may not be obtained) under the preceding sentence shall be effective only with respect to such spouse. "(3)(A) Each plan shall provide to each participant, within a reasonable period of time before the annuity starting date (and consistent with such regulations as the Secretary of the Treasury may prescribe) a written explemation of— "(i) the terms and conditions of the qualified joint and survivor annuity, "(ii) the participant's right to make, and the effect of, an election under paragraph (1) to waive the joint and survivor annuity form of benefit, "(iii) the rights of the participant's spouse under paragraph (2), and "(iv) the right to make, and the effect of, a revocation of an election under paragraph (1). "(B) Each plan shall provide to each participant, within the period beginning with the first day of the plan year in which the participant attains age 32 and ending with the close of the plan year preceding the plan year in which the participant attains age 35 (and consistent with such regulations as the Secretary of the Treasury may prescribe), a written explanation with respect to the qualified

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 PUBLIC LAW 98-397—AUG. 23, 1984

98 STAT. 1431

preretirement survivor annuity comparable to that required under subparagraph (A). "(4)(A) The requirements of this subsection shall not apply with respect to the qualified joint and survivor annuity form of benefit or the qualified preretirement survivor annuity form of benefit, as the case may be, if the plan fully subsidizes the costs of such benefit. "(B) For purposes of subparagraph (A), a plan fully subsidizes the costs of a benefit if under the plan the failure to waive such benefit by a participant would not result in a decrease in any plan benefits with respect to such participant and would not result in increased contributions from such participant. "(5) If a plan fiduciary acts in accordance with part 4 of this subtitle in— 29 USC 1101. "(A) relying on a consent or revocation referred to in paragraph dXA), or "(B) making a determination under paragraph (2), then such consent, revocation, or determination shall be treated as valid for purposes of discharging the plan from liability to the extent of payments made pursuant to such act. "(6) For purposes of this subsection, the term 'applicable election period' means— "(A) in the case of an election to waive the qualified joint and survivor annuity form of benefit, the 90-day period ending on the annuity starting date, or "(B) in the case of an election to waive the qualified preretirement survivor annuity, the period which begins on the first day of the plan year in which the participant attains age 35 and ends on the date of the participant's death. In the case of a participant who is separated from service, the applicable election period under subparagraph (B) with respect to benefits accrued before the date of such separation from service shall not begin later than such date. "(d) For purposes of this section, the term 'qualified joint and survivor annuity' means an annuity— "(1) for the life of the participant with a survivor annuity for the life of the spouse which is not less than 50 percent of (and is not greater than 100 percent of) the amount of the annuity which is payable during the joint lives of the participant and the spouse, and "(2) which is the actuarial equivalent of a single annuity for the life of the participant. Such term also includes any annuity in a form having the effect of an annuity described in the preceding sentence. "(e) For purposes of this section— "(1) Except as provided in paragraph (2), the term 'qualified preretirement survivor annuity' means a survivor annuity for the life of the surviving spouse of the participant if— "(A) the payments to the surviving spouse under such annuity are not less than the amounts which would be payable as a survivor annuity under the qualified joint and survivor annuity under the plan (or the actuarial equivalent thereof) if— "(i) in the case of a participant who dies after the date on which the participant attained the earliest retirement age, such participant had retired with an immediate qualified joint and survivor annuity on the day before the participant's date of death, or

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 98 STAT. 1432

PUBLIC LAW 98-397—AUG. 23, 1984

"(ii) in the case of a participant who dies on or before the date on which the participant would have attained the eariiest retirement age, such participant had— "(I) separated from service on the date of death, "(II) survived to the earUest retirement age, "(III) retired with an immediate qualified joint and survivor annuity at the earliest retirement age, and "(IV) died on the day after the day on which such participant would have attained the earliest retirement age, and "(B) under the plan, the earliest period for which the surviving spouse may receive a payment under such annuity is not later than the month in which the participant would have attained the earliest retirement age under the plan. "(2) In the case of any individual account plan or participant described in subparagraph (B) or (C) of subsection (b)(D, the term 'qualified preretirement survivor annuity' means an annuity for the life of the surviving spouse the actuarial equivalent of which is not less than 50 percent of the account balance of the participant as of the date of death. "(f)(1) Except as provided in paragraph (2), a plan may provide that a qualified joint and survivor annuity (or a qualified preretirement survivor annuity) will not be provided unless the participant and spouse had been married throughout the 1-year period ending on the earlier of^ "(A) the participant's annuity starting date, or "(B) the date of the participant's death. "(2) For purposes of paragraph (1), if— "(A) a participant marries within 1 year before the annuity starting date, and "(B) the participant and the participant's spouse in such marriage have been married for at least a 1-year period ending on or before the date of the participant's death, such participant and such spouse shall be treated as having been married throughout the 1-year period ending on the participant's annuity starting date. "(g)(1) A plan may provide that the present value of a qualified joint and survivor annuity or a qualified preretirement survivor annuity will be immediately distributed if such value does not exceed $3,500. No distribution may be made under the preceding sentence after the annuity starting date unless the participant and the spouse of the participant (or where the participant has died, the surviving spouse) consent in writing to such distribution. "(2) If— "(A) the present value of the qualified joint and survivor annuity or the qualified preretirement survivor annuity exceeds $3,500, and "(B) the participant and the spouse of the participant (or where the participant has died, the surviving spouse) consent in writing to the distribution, the plan may immediately distribute the present value of such annuity. "(3) For purposes of paragraphs (1) and (2), the present value of a qualified joint and survivor annuity or a qualified preretirement survivor annuity shall be determined as of the date of the distribu-

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 PUBLIC LAW 98-397—AUG. 23, 1984

98 STAT. 1433

tion and by using an interest rate not greater than the interest rate which would be used (as of the date of the distribution) by the Pension Benefit Guaranty Corporation for purposes of determining the present value of a lump sum distribution on plan termination. "(h) For purposes of this section— "(1) the term 'vested participant' means any participant who has a nonforfeitable right (within the meaning of section 3(19)) to any portion of the accrued benefit derived from employer contributions, "(2) the term 'annuity starting date' means the first day of the first period for which an amount is received as an annuity (whether by reason of retirement or disability), and "(3) the term 'earliest retirement age' means the earliest date on which, under the plan, the participant could elect to receive retirement benefits. "(i) A plan may take into account in any equitable manner (as determined by the Secretary of the Treasury) any increased costs resulting from providing a qualified joint or survivor annuity or a qualified preretirement survivor annuity. "(j) In prescribing regulations under this section, the Secretary of the Treasury shall consult with the Secretary of Labor.". (b) CLERICAL AMENDMENT.—The table of contents in section 1 is amended by striking out the item relating to section 205 and inserting in lieu thereof the following new item: "Sec. 205. Requirement of joint and survivor annuity and preretirement survivor annuity.", SEC. 104. SPECIAL RULES FOR ASSIGNMENTS PROCEEDINGS.

IN DIVORCE. ETC.,

(a) IN GENERAL.—Section 206(d) (29 U.S.C. 1056(d)) is amended by adding at the end thereof the following new paragraph: "(3)(A) Paragraph (1) shall apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to a domestic relations order, except that paragraph (1) shall not apply if the order is determined to be a qualified domestic relations order. Each pension plan shall provide for the payment of benefits in accordance with the applicable requirements of any qualified domestic relations order. "(B) For purposes of this paragraph— "(i) the term 'qualified domestic relations order' means a domestic relations order— "(I) which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and "(II) with respect to which the requirements of subparagraphs (C) and (D) are met, and "(ii) the term 'domestic relations order' means any judgment, decree, or order (including approval of a property settlement agreement) which— "(I) relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of a participant, and "(II) is made pursuant to a State domestic relations law (including a community property law).

29 USC 1002.

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 98 STAT. 1434

Ante, p. 1429.

PUBLIC LAW 98-397—AUG. 23, 1984

"(C) A domestic relations order meets the requirements of this subparagraph only if such order clearly specifies— "(i) the name and the last known mailing address (if any) of the participant and the name and mailing address of each alternate payee covered by the order, "(ii) the amount or percentage of the participant's benefits to be paid by the plan to each such alternate payee, or the manner in which such amount or percentage is to be determined, "(iii) the number of payments or period to which such order applies, and "(iv) each plan to which such order applies. "(D) A domestic relations order meets the requirements of this subparagraph only if such order— "(i) does not require a plan to provide any type or form of benefit, or any option, not otherwise provided under the plan, "(ii) does not require the plan to provide increased benefits (determined on the basis of actuarial value), and "(iii) does not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. "(E)(i) In the case of any payment before a participant has separated from service, a domestic relations order shall not be treated as failing to meet the requirements of clause (i) of subparagraph (D) solely because such order requires that payment of benefits be made to an alternate payee— "(I) on or after the date on which the participant attains (or would have attained) the eeirliest retirement age, "(II) as if the participant had retired on the date on which such payment is to begin under such order (but taking into account only the present value of benefits actually accrued and not taking into account the present value of any employer subsidy for early retirement), and "(III) in any form in which such benefits may be paid under the plan to the participant (other than in the form of a joint and survivor annuity with respect to the alternate payee and his or her subsequent spouse). For purposes of subclause (II), the interest rate assumption used in determining the present value shall be the interest rate specified in the plan or, if no rate is specified, 5 percent, "(ii) For purposes of this subparagraph, the term 'earliest retirement age' has the meaning given such term by section 205(h)(3), except that in the case of any individual account plan, the earliest retirement age shall be the date which is 10 years before the normal retirement age. "(F) To the extent provided in any qualified domestic relations order— "(i) the former spouse of a participant shall be treated as a surviving spouse of such participant for purposes of section 205, and "(ii) if married for at least 1 year, the former spouse shall be treated as meeting the requirements of section 205(f). "(G)(i) In the case of any domestic relations order received by a plan— "(I) the plan administrator shall promptly notify the participant and any other alternate payee of the receipt of such order

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Page:United States Statutes at Large Volume 98 Part 2.djvu/275

 PUBLIC LAW 98-397—AUG. 23, 1984

98 STAT. 1435

and the plan's procedures for determining the qualified status of domestic relations orders, and "(II) within a reasonable period after receipt of such order, the plan administrator shall determine whether such order is a qualified domestic relations order and notify the participant and each alternate payee of such determination. "(ii) Each plan shall establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. Such procedures— "(I) shall be in writing, "(II) shall provide for the notification of each person specified '^ in a domestic relations order as entitled to payment of benefits under the plan (at the address included in the domestic relations order) of such procedures promptly upon receipt by the plan of the domestic relations order, and "(III) shall permit an alternate payee to designate a representative for receipt of copies of notices that are sent to the alternate payee with respect to a domestic relations order. "(H)(i) During any period in which the issue of whether a domestic relations order is a qualified domestic relations order is being determined (by the plan administrator, by a court of competent jurisdiction, or otherwise), the plan administrator shall segregate in a separate account in the plan or in an escrow account the amounts which would have been payable to the alternate payee during such period if the order had been determined to be a qualified domestic relations order. "(ii) If within 18 months the order (or modification thereof) is determined to be a qualified domestic relations order, the plan administrator shall pay the segregated amounts (plus any interest thereon) to the person or persons entitled thereto, "(iii) If within 18 months— "(I) it is determined that the order is not a qualified domestic relations order, or "(II) the issue as to whether such order is a qualified domestic relations order is not resolved, then the plan administrator shall pay the segregated amounts (plus any interest thereon) to the person or persons who would have been entitled to such amounts if there had been no order. "(iv) Any determination that an order is a qualified domestic relations order which is made after the close of the 18-month period shall be applied prospectively only. "(I) If a plan fiduciary acts in accordance with part 4 of this 29 USC 1101. subtitle in— "(i) treating a domestic relations order as being (or not being) a qualified domestic relations order, or (ii) taking action under subparagraph (H), then the plan's obligation to the participant and each alternate payee shall be discharged to the extent of any payment made e pursuant to such act. "(J) A person who is an alternate payee under a qualified domestic relations order shall be considered for purposes of any provision of this Act a beneficiary under the plan. Nothing in the preceding sentence shall permit a requirement under section 4001 of the 29 USC 1301. payment of more than 1 premium with respect to a participant for any period. '(K) The term 'alternate payee' means any spouse, former spouse, child, or other dependent of a participant who is recognized by a

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