text:
Page:United States Statutes at Large Volume 95.djvu/1646

 95 STAT. 1620

Alien admittance.

PUBLIC LAW 97-116—DEC. 29, 1981

(C) by striking out the period at the end of subparagraph (E) of such subsection and inserting in lieu thereof"; or. (b) Section 106(a)(1) (8 U.S.C. 1105a(a)(l)) is amended by striking out the period at the end and inserting in lieu thereof a semicolon. (c) Section 202(b) (8 U.S.C. 1152(b)) is amended by inserting "and" before "(4)". (d) Section 204(a) (8 U.S.C. 1154(a)) is amended by striking out "of the relationships described in paragraphs" and inserting in lieu thereof "of a relationship described in paragraph". (e) Section 212 (8 U.S.C. 1182) is amended— (1) by inserting ")" in subsection (a)(32) after "is in the United States, and (2) by adding at the end the following new subsection: «(j^) ^j^y ^^^^^ excludable from the United States under paragraph (14), (20), or (21) of subsection (a), who is in possession of an immigrant visa may, if otherwise admissible, be admitted in the discretion of the Attorney General if the Attorney General is satisfied that exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission.". (f) Section 221(a) (8 U.S.C. 1201(a)) is amended by striking out the period after "is charged" and inserting in lieu thereof a comma. (g) Section 231(d) (8 U.S.C. 1221(d)) is amended by striking out "subsections" and inserting in lieu thereof "subsection. (h)(l)(A) The eleventh sentence of subsection (b) of section 242 (8 U.S.C. 1252) is amended by striking out "or (18)" and inserting in lieu thereof "(18), or (19)". (B) Subsection (e) of such section is amended by striking out "or (18)" and inserting in lieu thereof "(18), or (19)". (2) Subsection (a) of section 244 (8 U.S.C. 1254) is amended by inserting "(other than an alien described in section 241(a)(19))" after "in the case of an alien" in the matter before paragraph (1). (i) The fourth sentence of section 243(a) (8 U.S.C. 1253(a)) is amended by inserting a comma after "subject". 0') Section 244(d) (8 U.S.C. 1254(d)) is amended— (1) by striking out "nonpreference", and (2) by striking out "203(a)(7)" and inserting in lieu thereof "201(a) or 202(a)^ (k)(l) Section 291 (8 U.S.C. 1361) is amended by striking out "quota immigrant, or nonquota immigrant" and inserting in lieu thereof "immigrant, special immigrant, immediate relative, or refugee". (2) Section 349(a)(1) (8 U.S.C. 1481(a)(1)) is amended by striking out "nonquota immigrant" and inserting in lieu thereof "special immigrant". (1) Section 309 (8 U.S.C. 1409) is amended— (1) by striking out "(3), (4), (5), and (7) of section 301(a)" in subsection (a) and inserting in lieu thereof "(c), (d), (e), and (g) of section 301", and (2) by striking out "301(a)(7)" in subsection (b) and inserting in lieu thereof "301(g)". (m) Sections 320(b), 321(b), and 322(b) (8 U.S.C. 1431(b), 1432(b), 1433(b)) are each amended by striking out "a child adopted while under the age of sixteen years who" and inserting in lieu thereof "an adopted child only if the child".

�


text:
Page:United States Statutes at Large Volume 95.djvu/1647

 PUBLIC LAW 97-116—DEC. 29, 1981

95 STAT. 1621

(n) Section 322 (8 U.S.C. 1433) is further amended by adding after subsection (b) the following new subsection: "(c) In the case of an adopted child (1) who is in the United States at the time of naturalization, and (2) one of whose adoptive parents (A) petitions for naturalization of the child under this section, (B) meets the criteria of clauses (A), (B), and (C) of section 319(b)(l), and (C) declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon the termination of the employment described in section 319(b)(l)(B), no specified period of residence within the jurisdiction of the naturalization court or proof thereof shall be required.". (o) The fourth sentence of section 337(a) (8 U.S.C. 1448(a)) is amended by striking out "or 323". (p) Section 341 (8 U.S.C. 1452) is amended by striking out "(3), (4), (5), or (7) of section 301(a)" and inserting in lieu thereof "(c), (d), (e), or (g) of section 301". (q) Section 349 (8 U.S.C. 1481), as amended by section 4 of Public Law 95-432, is amended by striking out the second "(a)" after "349.". (r) Section 351 (8 U.S.C. 1483) is amended— (1) by striking out "paragraphs (7), (8), and (9) of section 349" in suljsection (a) and inserting in lieu thereof "paragraphs (6) and (7) of section 349(a)", and (2) by striking out "(5), and (6)" in subsection (b) and inserting in lieu thereof and (5)". (s) Section 404 (8 U.S.C. 1101 note) is amended by inserting "(other than chapter 2 of title IV)" after "this Act". (t) The table of contents is amended by striking out the items relating to sections 345,350,352,353,354, and 355. (u)(l) Section 1429 of title 18, United States (Dode, is amended by striking out "subsection (e)" and inserting in lieu thereof "subsection (d)". (2) The Act of March 16, 1956 (8 U.S.C 1401a) is amended by striking out "301(a)(7)" and inserting in lieu thereof "301(g.)". SEC. 19. The numerical limitations contained in sections 201 and 202 of the Immigration and Nationality Act shall not apply to any alien who is present in the United States and who, on or before June 1, 1978— (1) qualified as a nonpreference immigrant under section 203(a)(8) of such Act (as in effect on June 1, 1978); (2) was determined to be exempt from the labor certification requirement of section 212(a)(14) of such Act because the alien had actually invested, before such date, capital in an enterprise in the United States of which the alien became a principal manager and which employed a person or persons (other than the spouse or children of the alien) who are citizens of the United States or aliens lawfully admitted for permanent residence; and (3) applied for adjustment of status to that of an alien lawfully admitted for permanent residence. SEC. 20. Section 201(a) (8 U.S.C. 1151(a)) is amended by inserting after "two hundred seventy thousand" the following: ": Provided, That to the extent that in a particular fiscal year the number of aliens who are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence, and who are subject to the numerical limitations of this section, together with the aliens who adjust their status to aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 101(a)(27) or section 19 of the Immigration and Nationality Amendments Act of 1981, exceed the annual numerical limitation in effect

8 USC 1430.

8 USC 1151 note. 8 USC 1151, ^^^^ 8 USC 1153. 8 USC 1182.

8 USC 1101. Supra.

�

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


text:
Page:United States Statutes at Large Volume 95.djvu/1648

 95 STAT. 1622

PUBLIC LAW 97-116—DEC. 29, 1981

pursuant to this section for such year, the Secretary of State shall reduce to such extent the annual numerical limitation in efifect pursuant to this section for the following fiscal year". (b) Section 202(a) (8 U.S.C. 1152(a)) is amended by inserting after "year" the following: ": Andprovixied further. That to the extent that in a particular fiscal year the number of such natives who are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence and who are subject to the numerical limitation of this section, together with the aliens from the same foreign state who adjust their status to aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 8 USC 1101. 101(a)(27) or section 19 of the Immigration and Nationality AmendAnte, p. 1621. ments Act of 1981, exceed the numerical limitation in effect for such year pursuant to this section, the Secretary of State shall reduce to such extent the numerical limitation in effect for the natives of the same foreign state pursuant to this section for the following fiscal year". Effective dates. SEC. 21. (a) Except as provided in subsection (b) and in section 5(c), 8 USC 1101 note, the amendments made by this Act shall take effect on the date of the enactment of this Act. (b)(1) The amendments made by section 2(a) shall apply on and after the first day of the sixth month beginning after the date of the enactment of this Act. (2) The amendment made by section 16 shall apply to fiscal years beginning on or after October 1, 1981. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 4327: HOUSE REPORT No. 97-264 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 127 (1981): Oct. 13, considered and peissed House. Dec. 16, considered and passed Senate, amended; House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1649

 PUBLIC LAW 97-117—DEC. 29, 1981

95 STAT. 1623

Public Law 97-117 97th Congress An Act To amend the Federal Water Pollution Control Act to authorize funds for fiscal year 1982, and for other purposes.

Dec. 29, 1981 [H.R. 4503]

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

1. This Act may be cited as the "Municipal Wastewater Treatment Construction Grant Amendments of 1981. SECTION

Treatment Construction Grant Amendments of 1981. 33 USC 1251 note.

ELIGIBLE CATEGORIES

SEC. 2. (a) Section 201(g)(l) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following: ''On and after October 1, 1984, grants under this title shall be made only for projects for secondary treatment or more stringent treatment, or any cost effective sdtemative thereto, new interceptors and appurtenances, and infiltration-in-flow correction. Notwithstanding the preceding sentence, the Administrator may make grants on and after October 1, 1984, for any project within the dennition set forth in section 212(2) of this Act, other than for a project referred to in the preceding sentence, except that not more than 20 per centum (as determined by the Governor of the State) of the amount allotted to a State under section 205 of this Act for any fiscal year shall be obligated in such State under authority of this sentence.". (b) Section 211(c) of the Federal Water Pollution Control Act is amended by striking out "September 30, 1982," and inserting in lieu thereof "September 30, 1985,^

33 USC 1281.

33 USC 1292. 33 USC 1285. 33 USC 1291.

GRANTS FOR STEPS 1 AND 2

SEC. 3. (a) Section 201 of the Federal Water Pollution Control Act 33 USC 1281 is amended by adding a new subsection (1): "(1)(1) After the date of enactment of this subsection. Federal grants shall not be made for the purpose of providing assistance solely for facility plans, or plans, specifications, and estimates for any proposed project for the construction of treatment works. In the event that the proposed project receives a grant under this section for construction, the Administrator shall make an allowance in such grant for nonFederal funds expended during the facility planning and advanced engmeering and design phase at the prevailing Federal share under section 202(a) of this Act, based on the percentage of total project 33 USC 1282. costs which the Administrator determines is the general experience for such projects. "(2)(A) Each Stdte shall use a portion of the funds allotted to such State each fiscal year, but not to exceed 10 per centum of such funds, to advance to potential grant applicants under this title the coste of

89-194 O—82

104: QL3

�


text:
Page:United States Statutes at Large Volume 95.djvu/1650

 95 STAT. 1624

PUBLIC LAW 97-117—DEC. 29, 1981

facility planning or the preparation of plans^ specifications, and estimates. "(B) Such an advance shall be limited to the allowance for such costs which the Administrator establishes under paragraph (1) of this subsection, and shall be provided only to a potential grant applicant which is a small community and which in the judgment of the State would otherwise be unable to prepare a request for a grant for construction costs under this section. "(C) In the event a grant for construction costs is made under this section for a project for which an advance has been made under this paragraph, the Administrator shall reduce the amount of such grant by the allowance established under paragraph (1) of this subsection. In the event no such grant is made, the State is authorized to seek repayment of such advance on such terms and conditions as it may determine.". MITIGATION AND SPECIAL PROCESSES

Grants. 33 USC 1281. 33 USC 1285.

SEC. 4. Section 201 of the Federal Water Pollution Control Act is amended by adding the following new subsection: "(m)(l) Notwithstanding any other provisions of this title, the Administrator is authorized to make a grant from any funds otherwise allotted to the State of California under section 205 of this Act to the project (and in the amount) specified in Order WQG 81-1 of the California State Water Resources Control Board. "(2) Notwithstanding any other provision of this Act, the Administrator shall make a grant from any funds otherwise allotted to the State of California to the city of Eureka, California, in connection with project numbered C-06-2772, for the purchase of one hundred and thirty-nine acres of property as environmental mitigation for siting of the proposed treatment plant. "(3) Notwithstanding any other provision of this Act, the Administrator shall make a grant from any funds otherwise allotted to the State of California to the city of San Diego, California, in connection with that city's aquaculture sewage process (total resources recovery system) as an innovative and alternative waste treatment process.. COMBINED SEWER OVERFLOW

33 USC 1281.

33 USC 1285.

Post, p. 1630.

SEC. 5. Section 201 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(n)(l) On and after October 1, 1984, upon the request of the Governor of an affected State, the Administrator is authorized to use funds available to such State under section 205 to address water quality problems due to the impacts of discharges from combined storm water and sanitary sewer overflows, which are not otherwise eligible under this subsection, where correction of such discharges is a major priority for such State. "(2) Beginning fiscal year 1983, the Administrator shall have available $200,000,000 per fiscal year in addition to those funds authorized in section 207 of this Act to be utilized to address water quality problems of marine ba^s and estuaries subject to lower levels of water quality due to the impacts of discharges from combined storm water and sanitary sewer overflows from adjacent urban complexes, not otherwise eligible under this subsection. Such sums may be used as deemed appropriate by the Administrator as provided in paragraphs (1) and (2) of this subsection, upon the request of and demonstration of water quality benefits by the Governor of an affected State.".

�


text:
Page:United States Statutes at Large Volume 95.djvu/1651

 PUBLIC LAW 97-117—DEC. 29, 1981

95 STAT. 1625

CAPITAL FINANaNG

SEC. 6. Section 201 of the Federal Water Pollution Control Act is 33 USC i28i. amended by adding at the end thereof the following: "(o) The Administrator shall encourage and assist applicants for grant assistance under this title to develop and file with the Administrator a capital financing plan which, at a minimum— "(1) projects the fixture requirements for waste treatment services within the applicant's jurisdiction for a period of no less than ten years; "(2) projects the nature, extent, timing, and costs of future expansion and reconstruction of treatment works which will be necessary to satisfy the applicant's projected future requirements for waste treatment services; and "(3) sets forth with specificity the manner in which the applicant intends to finance such future expansion and reconstruction.". FEDERAL SHARE

SEC. 7. The first sentence of section 202(a)(l) of the Federal Water Pollution Control Act is amended by inserting after "1971," the 33 USC 1282. following: "and ending before October 1, 1984,". The first sentence of such section is further amended by inserting after "(as approved by the Administrator)," the following: "and for any fiscal year beginning on or after October 1, 1984, shall be 55 per centum of the cost of construction thereof (as approved by the Administrator),". Such section 202(a)(l) is further amended by adding at the end thereof the following new sentence: "Notwithstanding the first sentence of this paragraph, in "any case where a primary, secondary, or advanced waste treatment facUity or its related interceptors or a project for infiltration-in-flow correction has received a grant for erection, building, acquisition, alteration, remodeling, improvement, extension, or correction before October 1, 1984, all segments and phases of such facility, interceptors, and project for infiltration-in-flow correction shall be eligible for grants at 75 per centum of the cost of construction thereof.". INNOVATIVE AND ALTERNATIVE PROCESSES

SEC. 8. (a) Section 202(a)(2) of the Federal Water Pollution Control Act is amended by inserting after the first sentence the following: "The amount of any grant made after September 30, 1981, for any eligible treatment works or unit processes and techniques thereof utuizing innovative or alternative wastewater treatment processes and techniques referred to in section 201(g)(5) shall be a percentage of 33 USC I28i. the cost of construction thereof equal to 20 per centum greater than the percentage in effect under paragraph (1) of this subsection for such works or unit processes and techniques, but in no event greater than 85 per centum of the cost of construction thereof.". (b) Section 202(a)(4) of the Federal Water Pollution Control Act is 33 USC i282. amended by striking out "in the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981" and by striking out the last sentence. (c) Section 205(i) of the Federal Water Pollution Control Act is 33 USC 1285. amended by strildng out "and September 30, 1981," in the first sentence and inserting in lieu thereof "September 30, 1981, September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985," and by striking out "from 75 per centum to 85 per centum".

�


text:
Page:United States Statutes at Large Volume 95.djvu/1652

 95 STAT. 1626

33 USC 1292.

33 USC 1314.

PUBLIC LAW 97-117—DEC. 29, 1981

and by adding at the end thereof the following: "Including the expenditures authorized by the first sentence of this subsection, a total (as determined by the Governor of the State) of not less than 4 per centum nor more than IVz per centum of the funds allotted to such State for any fiscal year beginning after September 30, 1981, under subsection (c) of this section shall be expended only for increasing the Federal share of grants for construction of treatment works pursuant to section 202(a)(2) of this Act.". (d) Section 212(1) of the Federal Water Pollution Control Act is amended by inserting after "procedures," the following: "field testing of innovative or alternative waste water treatment processes and techniques meeting guidelines promulgated under section 304(d)(3) of this Act,". COMBINED STEP 2 AND 3 GRANTS

94 Stat. 2362. 33 USC 1283.

SEC. 9. Section 203(a) of the Federal Water Pollution Control Act is amended by striking "$4,000,000" and inserting in lieu thereof "$8,000,000". The last sentence of such section 203(a) is hereby repealed. RESERVE CAPACITY

33 USC 1284.

Ante, p. 1623. 94 Stat. 2361. Expiration date

SEC. 10. (a) Section 204(a)(5) of the Federal Water Pollution Control Act is amended by striking out the semicolon at the end thereof and inserting in lieu thereof a period and the following: "Beginning October 1, 1984, no grant shall be made under this title to construct that portion of any treatment works providing reserve capacity in excess of existing needs (including existing needs of residential, commercial, industrial, and other users) on the date of approval of a grant for the erection, building, acquisition, alteration, remodeling, improvement, or extension of a project for secondary treatment or more stringent treatment or new interceptors and appurtenances, except that in no event shall reserve capacity of a facility and its related interceptors to which this subsection applies be in excess of existing needs on October 1, 1990. In any case in which an applicant proposes to provide reserve capacity greater than that eligible for Federal financial assistance under this title, the incremental costs of the additional reserve capacity shall be paid by the applicant;", (b) Section 204 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(c) The next to the last sentence of paragraph (5) of subsection (a) of this section shall not apply in any case where a primary, secondary, or advanced waste treatment facility or its related interceptors has received a grant for erection, building, acquisition, alteration, remodeling, improvement, or extension before October 1, 1984, and all segments and phases of such facility and interceptors shall be funded based on a 20-year reserve capacity in the case of such facility and a 20-year reserve capacity in the case of such interceptors, except that, if a grant for such interceptors has been approved prior to the date of enactment of the Municipal Wastewater Treatment Construction Grant Amendments of 1981, such interceptors shall be funded based on the approved reserve capacity not to exceed 40 years.". (c) Section 201(k) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new sentence: "This subsection shall not be in effect after November 15, 1981.".

�


text:
Page:Theodore Roosevelt Rough Riders.djvu/213

Rh Wheeler, who were the other representatives of the cavalry division. Besides the line officers all the chief medical officers were present at the conference. The telegrams from the Secretary stating the position of himself and the Surgeon-General were read, and then almost every line and medical officer present expressed his views in turn. They were almost all regulars and had been brought up to life-long habits of obedience without protest. They were ready to obey still, but they felt, quite rightly, that it was their duty to protest rather than to see the flower of the United States forces destroyed as the culminating act of a campaign in which the blunders that had been committed had been retrieved only by the valor and splendid soldierly qualities of the officers and enlisted men of the infantry and dismounted cavalry. There was not a dissenting voice; for there could not be. There was but one side to the question. To talk of continually shifting camp or of moving up the mountains or of moving into the interior was idle, for not one of the plans could be carried out with our utterly insufficient transportation, and at that season and in that climate they would merely have resulted in aggravating the sickliness of the soldiers. It was deemed best to make some record of our opinion, in the shape of a letter or report, which would show that to keep the army in Santiago meant its absolute and objectless ruin,


text:
Page:United States Statutes at Large Volume 95.djvu/1653

 PUBLIC LAW 97-117—DEC. 29, 1981

95 STAT. 1627

BRAND NAME

SEC. 11. Section 204(a)(6) of the Federal Water Pollution Control Act is amended by striking out ", or at least two brand names or 33 USC 1284. trade names of comparable quality or utility are listed and are followed by the words 'or equal " and by adding at the end thereof the following: "When in the judgment of the grantee, it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a 'brand name or equal' description may be used as a means to define the performance or other salient requirements of a procurement, and in doing so the grantee need not establish the existence of any source other than the brand or source so named.". ENGINEERING PERFORMANCE

SEC. 12. Section 204 of the Federal Water Pollution Control Act is amended by adding the following new subsection: "(d)(1) A grant for the construction of treatment works under this title shall provide that the engineer or engineering firm supervising construction or providing architect engineering services during construction shall continue its relationship to the grant applicant for a period of one year after the completion of construction and initial operation of such treatment works. During such period such engineer or engineering firm shall supervise operation of the treatment works, train operating personnel, and prepare curricula and training material for operating personnel. Costs associated with the implementation of this paragraph shall be eligible for Federal assistance in accordance with this title. "(2) On the date one year after the completion of construction and initial operation of such treatment works, the owner and operator of such treatment works shall certify to the Administrator whether or not such treatment works meet the design specifications and effluent limitations contained in the grant agreement and permit pursuant to section 402 of the Act for such works. If the owner and operator of ^3 USC 1342. such treatment works cannot certify that such treatment works meet such design specifications and effluent limitations, any failure to meet such design specifications and effluent limitations shall be corrected in a timely manner, to allow such affirmative certification, at other than Federal expense. "(3) Nothing in this section shall be construed to prohibit a grantee under this title from requiring more assurances, guarantees, or indemnity or other contractual requirements from any party to a contract pertaining to a project assisted under this title, than those provided under this subsection.". ALLOTMENT FORMULA

SEC. 13. (a) Section 205(c) of the Federal Water Pollution Control Act is amended by inserting "(1)" after "(c)" and by adding at the end 33 USC 1285. thereof the following new paragraph: "(2) Sums authorued to be appropriated pursuant to section 207 for Post, p. 1630. the fiscal years 1982, 1983, 1984, and 1985 shall be allotted for each such year by the Administrator not later than the tenth day which begins after the date of enactment of the Municipal Wastewater Treatment Construction Grant Amendments of 1981. Notwithstanding any other provision of law, sums authorized for the fiscal year ending September 30, 1982, shall be allotted in accordance with table 3 of Committee Print Numbered 95-30 of the Committee on Public

�


text:
Page:United States Statutes at Large Volume 95.djvu/1654

 95 STAT. 1628

PUBLIC LAW 97-117—DEC. 29, 1981

Works and Transportation of the House of Representatives. Sums authorized for the fiscal years ending September 30, 1983, September 30, 1984, and September 30, 1985, shall be allotted in accordance with the following table: States: Alabama Alaska Arizona Arkansas California. Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Samoa Guam Northern Marianas Puerto Rico Pacific Trust Territories Virgin Islands United States totals

33 USC 1285.

„

Fiscal years 1983 through 1985 011398 006101 006885 006668 072901 008154 012487 004965 004965 034407 017234 007895 .004965 046101 024566 013796 009201 012973 011205 007788 024653 034608 043829 018735 009184 028257 004965 005214 004965 010186 041654 004965 113097 018396 004965 057383 008235 011515 040377 006750 010442 004965 014807 038726 005371 004965 020861 017726 015890 027557 004965 000915 000662 000425 013295 001305 000531 999996

(b) Section 205(e) of the Federal Water Pollution Control Act is amended by striking out "and 1981" each of the two places it appears and inserting in lieu thereof at each such place "1981, 1982, 1983, 1984, and 1985".

�


text:
Page:United States Statutes at Large Volume 95.djvu/1655

 PUBLIC LAW 97-117—DEC. 29, 1981

95 STAT. 1629

STATE ADMINISTRATION GRANTS

SEC. 14. (a) The first sentence of section 205(g)(l) of the Federal Water Pollution Control Act is amended by inserting immediately 33 USC 1285. after "October 1, 1977," the following: "except in the case of any fiscal year beginning on or after October 1, 1981, and ending before October 1, 1985, in which case the percentage authorized to be reserved shall not exceed 4 per centum.". (b) Section 205(g)(l) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new sentence: "Sums authorized to be reserved by this paragraph shall be in addition to and not in lieu of any other funds which may be authorized to carry out this subsection.". WATER QUALITY MANAGEMENT PLANNING

SEC. 15. Section 205 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(j)(l) The Adinmistrator shall reserve each fiscal year not to exceed Iper centum of the sums allotted and available for obligation to each State under this section for each fiscal year beginning on or after October 1, 1981, or $100,000, whichever amount is the greater. "(2) Such sums shall be used by the Administrator to make grants to the States to carry out water quality management planning, including, but not limited to— "(A) identifying most cost effective and locally acceptable facility and non-point measures to meet and mamtain water quality standards; "(B) developing an implementation plan to obtain State and localfinancialand regulatory commitments to implement measures developed under subparagraph (A); "(C) determining the nature, extent, and causes of water quality problems in various areas of the State and interstate region, and reporting on these annually; and (D) determining those publicly owned treatment works which should be constructed with assistance under this title, in which areas and in what sequence, taking into account the relative degree of effiuent reduction attained, the relative contributions to water quality of other point or nonpoint sources, and the consideration of alternatives to such construction, and implementing section 303(e) of this Act. 33 USC 1313. "(3) In carrying out planning with grants made under paragraph (2) of this subsection, a State shall develop jointly with local, regional, and interstate entities, a plan for carrying out the program and give funding priority to such entities and designated or undesignated public comprehensive planning organizations to carry out the purposes of this subsection. "(4) All activities undertaken under this subsection shall be in coordination with other related provisions of this Act.". CONVENTION CENTER

SEC. 16. Section 205 of the Federal Water Pollution Control Act is 33 USC i285. amended by adding at the end thereof the following new subsection: "(k) The Administrator shall allot to the State of New York from sums authorized to be appropriated for thefiscalyear ending September 30, 1982, an amount necessary to pay the entire cost of conveying sewagefiromthe Convention Center of the city of New York to the

�


text:
Page:United States Statutes at Large Volume 95.djvu/1656

 95 STAT. 1630

PUBLIC LAW 97-117—DEC. 29, 1981

Newtown sewage treatment plant, Brooklyn-Queens area. New York. Hie amount allotted tmder this subsection shall be in adcUtiontoand not in lieu of any other amounts authorized to be allotted to such State under this Act/'. AUTHORIZATION

d"f^'oR ^^i 33 USC 1287.

SEC. 17. Section 207 of the Federal Water Pollution Control Act is amended by striking out all that follows "$2,548,837,000;" and insert ing in lieu thereof "and for the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985, nottoexceed $2,400,000,000 per fiscal year.". WATER QUALITY PRIORITY

33 USC 1296.

SEC. 18. Section 216 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new sentence: "It is the policy of Congress that projects for wastewater treatment and management undertaken with Federal financial assistence under this Act by any State, municipality, or intermunicipal or interstete agenQT shall be projects which, in the estimation of the State, are designed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of the Act.". COST EFFECTIVENESS

SEC. 19. Title U of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new section: "COST EFFECTIVENESS

Waste treatment "SEC. 218. (a) It is the poUcy of Congress that a project for waste qq^if^ isqs treatment and management undertaken with Federal financial assistance under this Act by any State, municipality, or intermunicipal or interstete agency shall be considered as an overall waste treatment system for waste treatment and management, and shall be that system which constitutes the most economical and cost-effective combination of devices and i^stems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes 33 USC 1281. of a liquid naturetoimplement section 201 of tnis Act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping power, and other equipment, and their appurtenances; extension, improvements, remodeling, additions, and alterations thereof; elemente essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process (including land use for the storage of treated wastewater in land treatment systems prior to land apphcation) or which is lused for ultimate disposal of residues resulting from such treatment; water efQdency measures and devices; and any other method or system for preventing, abating, reducing, storing, treating, separating, or disptosing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems; to meet the requiremente of this Act. "(b) In accordance with the policy set forth in subsection (a) of this section, before the Administrator approves any grant to any State, municipality, or intermunicipal or interstete agency for the erection,

�


text:
Page:United States Statutes at Large Volume 95.djvu/1657

 PUBLIC LAW 97-117—DEC. 29, 1981

95 STAT. 1631

building, acquisition, alteration, remodeling, improvement, or extension of any treatment works the Administrator shall determine that the facilities plan of which such treatment works are a part constitutes the most economic^ and cost^fifective combination of treatment works over the l^e of the project to meet the requirements of this Act, including, but not limited to, consideration of construction costs, operation, maintenance, and replacement costs. "(c) In furtherance of the policy set forth in subsection (a) of this section, the Administrator shall reauire value engineering review in connection with any treatment works, prior to approval of any grant for the erection, building, acquisition, alteration, remodeling, improvement, or extension of such treatment works, in any case m wmch the cost of such erection, building, acquisition, alteration, remodeling, improvement, or extension is projected to be in excess of $10,000,000. For purposes of this subsection, the term Value engineer- "Value ing review' means a specialized cost control technique which uses a engineering systematic and creative approach to identify and to focus on unneces- '^^^^^ sarily high cost in a project in order to arrive at a cost saving without sacmicing the reliability or efficiency of the project. "(d) Tins section applies to projects for waste treatment and management for which no treatment works including a facilities plan for such project have received Federal financial assistance for the reparation of construction plans and specifications under this Act efore the date of enactment of this section.".

E

STATE CERTIFICATION

SEC. 20. Title 11 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new section: "STATE CERTIFICATION OF PROJECTS

"SEC. 219. Whenever the Governor of a State which has been 33 USC 1299. delegated sufficient authority to administer the construction grant program under this title in that State certifies to the Administrator that a grant application meets applicable requirements of Federal and State law for assistance under this title, the Administrator shall approve or disapprove such application within 46 days of the date of receipt of such application. If the Administrator does not approve or disapprove such application within 45 days of receipt, the application shall be deemed approved. If the Admmistrator disapproves such application the Administrator shall state in writing the reasons for such disapproval. Any grant approved or deemed approved under this section shall be subject to amounts provided in appropriation Acts.". MUNICIPAL C O M P L I A N C E D E A D U N E

SEC. 21. (a) Section 301(i) of the Federal Water Pollution Control Act is amended by striking out "July 1, 1983," each place it appears 33 USC I3ii. and inserting in lieu thereof "July 1, 1988,". The amendment made 33 USC I3ii by this subsection shall not be interpreted or applied to extend the "°** date for compliance with section 301(b)(l)(B) or (C) of the Federal Water Pollution Control Act beyond schedules for compliance in effect as of the date of enactment of this Act, except in cases where reductions in the amount of financial assistance under this Act or changed conditions affecting the rate of construction beyond the control of the owner or operator will make it impossible to complete construction by July 1, 1983.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1658

 95 STAT. 1632 33 USC 1311.

PUBLIC LAW 97-117—DEC. 29, 1981

(b) Section 301(b)(2)(B) of the Federal Water Pollution Control Act is repealed. OCEAN DISCHARGES

Effective date. 33 USC 1311 note.

SEC. 22. (a) Section 301(h) of the Federal Water Pollution Control Act is amended in the portion preceding paragraph (1) by striking out "in an existing discha^e". (b) Such section 301(n) is amended by striking out the semicolon at the end of paragraph (7) and inserting in lieu thereof a period and by striking out paragraph (8). (c) Such section 301(h) is further amended by adding at the end thereof the following: "A municipality which applies secondary treatment shall be eli^ble to receive a permit pursuant to th& subsection which modifies the recjtuirements of subsection (b)(l)(B) of this section with respect to the discharge of any pollutant from any treatment works owned by such municipality into marine waters. No permit issued under this subsection shall authorize the discharge of sewage sludge into marine waters.". (d) Section 301(j)(l) of the Federal Water Pollution Control Act is amended by stri^ng out clause (A) and inserting in lieu thereof the following new clause: "(A) subsection Oi>Xl)(B) under subsection (h) of this section shall be filed not later that the 365th day which begins after the date of enactment of the Municipal Wastewater Treatment Construction Grant Amendments of 1981;". (e) The amendments made by this section shall take effect on the date of enactment of this Act, except that no applicant, other than the city of Avalon, California, who applies after uie date of enactment of this Act for a permit pursuant to subsection (h) of section 301 of the Federal Water Pollution Control Act which modifies the requirements of subsection (b)(l)(B) of section 301 of such Act shall receive such permit during the one-year period which begins on the date of enactment of this Act. SECONDARY TREATMENT DEFINITION

33 USC 1314.

SEC. 23. Section 304(d) of the Federal Water Pollution Control Act is amended by adding the following new paragraph: "(4) For the purposes of this subsection, such biological treatment facilities as oxidation ponds, lagoons, and ditches and trickling filters shall be deemed the equivalent of secondary treatment. The Administrator shall provide guidance under paragraph (1) of this subsection on design criteria for such facilities, t a ^ i g into account pollutant removal efficiencies and, consistent with the objective of the Act, assuring that water quality will not be adversely affected by deeming such facilities as the equivalent of secondary treatment.". REVISED WATER QUALITY STANDARDS

33 USC 1313a. 33 USC 1313.

SEC. 24. The review, revision, and adoption or promulgation of revised or new water quality standards pursuant to section 303(c) of the Federal Water Pollution Control Act shall be completed by the date three years after the enactment of the Municipal Wastewater Treatment Construction Grjmt Amendments of 1981. No grant shall be made under title 11 of the Federal Water Pollution Control Act after such date until water quality standards are reviewed and revised pursuant to section 303(c), except where the State has in good faith submitted such revised water quality standards and the Admin-

�


text:
Page:United States Statutes at Large Volume 95.djvu/1659

 PUBLIC LAW 97-117—DEC. 29, 1981

95 STAT. 1633

istrator has not acted to approve or disapprove such submission within one hundred and twenty days of receipt. NEEDS SURVEY

SEC. 25. The Administrator of the Environmental Protection Agency shall submit to the Congress, not later than December 31, 1982, a roport containing the detailed estimates, comprehensive study, and comprehensive analysis required by section 516(b) of the Fedei^ Water Pollution Control Act, including an estimate of the total cost and the amount of Federal funds necessary for the construction of needed publicly owned treatment facilities. Such report shall be prepared in the same manner as is required by such section and shallreflectthe changes made in the Federal water pollution control program by this Act and the amendments made by this Act. In preparing thisreport,the Administrator shall give emphasis to the effects of the amendment made by section 2(a) of this Act in addressing water quality needs adequately and appropriately.

Report to QoScfisTs ^^ ^^ 33 USC 1375.

JUDICIAL NOnCE

SEC. 26. It is the sense of Congress that judicial notice should be taken of this Act and of the amendments to the Federal Water Pollution Control Act made by this Act, including reduced authorization levels under section 207 of such Act, and that the parties to ^^te, p. 1630. Federal consent decrees establishing a deadline, schedule, or timetable for the construction of publiay owned treatment works are encouraged to reexamine the provisions of such consent decrees and, where required by equity, to make appropriate adjustments in such provisions. BATH TOWNSHIP

SEC. 27. For purposes of the Federal Water Pollution Control Act, the project for publicly owned treatment works for Bath Township, Michigan, shall be eligible for payments from sums allocated to the State of Michigan under such Act in an amount equal to the amount such works would be eligible for under section 202 of such Act if such 33 USC i282. works were to be constructed after the date of enactment of this Act, at the original construction cost. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 4503 (S. 1716): HOUSE REPORTS: No. 97-270 (Comm. on Public Works and Transportation) and No. 97-408 (Comm. of Conference). SENATE REPORT No. 97-204 accompanying S. 1716 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 127 (1981): Oct. 27, considered and passed House; S. 1716 considered and passed Senate. Oct. 29, considered and passed Senate, amended, in lieu of S. 1716. Dec. 16, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1660

 95 STAT. 1634

PUBLIC LAW 97-118—DEC. 29, 1981

Public Law 97-118 97th Congress

An Act Dec. 29, 1981 [H.R. 4506] Melvin Price Lock and Dam. 92 Stat. 1695.

Effective date.

To name the lock and dam authorized to replace locks and dam 26, Mississippi River, Alton, Illinois, as "Melvin Price Lock and Dam".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the lock and dam, authorized by section 102 of Public Law 95-502, to replace locks and dam 26, Mississippi River, Alton, Illinois, shall hereafter be known as Melvin Price Lock and Dam. Any law, regulation, map, document, or record of the United States in which such lock and dam is referred to shall be held and considered to refer to such lock and dam as "Melvin Price Lock and Dam". SEC. 2. This Act shall become effective upon the date of termination of service in the United States Congress of Melvin R-ice. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 4506: HOUSE REPORT No. 97-322 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 16, considered and passed House. Dec. 16, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1661

 PUBLIC LAW 97-119—DEC. 29, 1981

95 STAT. 1635

Public Law 97-119 97th Congress An Act To amend the Internal Revenue Code of 1954 to provide a temporary increase in the tax imposed on producers of coal, and for other purposes.

Dec. 29, 1981 [H.R. 5159]

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

TITLE I—AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1954 Subtitle A—Black Lung BeneHts Revenue Provisions SEC. 101. SHORT TITLE; AMENDMENT OF 1954 CODE. (a) SHORT TITLE.—This subtitle may be cited as

Revenue Code of 1954, amendment.

Black Lung Benefits

^gY""^ ^^ °^ ^ '

the "Black Lung 26 USC i note.

Benefits Revenue Act of 1981". (b) AMENDMENT OP 1954 C!ODE.—Except as otherwise expressly provided, whenever in this subtitle or subtitle B 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 Internal Revenue Code of 1954. SEC. 102. TEMPORARY INCREASE IN AMOUNT OF TAX. (a) GENERAL RULE.—Section 4121 (relating to tax on coal) is 26 USC 4i2i. amended by adding at the end thereof the following new subsection: "(e) TEMPORARY INCREASE IN AMOUNT OP TAX.—

"(1) IN GENERAL.—Effective with respect to sales after December 31, 1981, and before the temporary increase termination date— "(A) subsection (a) shall be applied— "(i) by substituting *$1' for '50 cents', and "(ii) by substituting *50 cents' for *25 cents', and "(B) subsection (b) shall be applied by substituting '4 percent' for '2 percent'. "(2) TEMPORARY INCREASE TERMINATION DATE.—For purposes of paragraph (1), the temporary increase termination date is the earlier of— "(A) January 1, 1996, or "(B) the first January 1 after 1981 as of which there is— "(i) no balance of repayable advances made to the Black Lung Disability Trust Fund, and "(ii) no unpaid interest on such advances.". (b) EPPECTIVE DATE.—The amendment made by subsection (a) shall 26 USC 4i2i apply to sales after December 31, 1981. "°^

�


text:
Page:United States Statutes at Large Volume 95.djvu/1662

 95 STAT. 1636

PUBLIC LAW 97-119—DEC. 29, 1981

SEC. 103. BLACK LUNG DISABILITY TRUST FUND. (a) GENERAL RULE.—The Internal Revenue Code of 1954 is amended

by adding at the end thereof the following new subtitle:

T ^fgfund Code 26 USC 9500.

''Subtitle I—Trust Fund Code "SEC. 9500. SHOBT TITLE.

"This subtitle may be cited as the 'Trust Fund Code of 1981'.

"CHAPTER 98—TRUST FUND CODE "SUBCHAPTER A. Establishment of Trust Funds. "SUBCHAPTER B. General provisions.

"Subchapter A—Establishment of Trust Funds 26 USC 9501

"Sec. 9501. Establishment of Black Lung Disability Trust Fund. "SEC. 9501. ESTABLISHMENT OF BLACK LUNG DISABILITY TRUST FUND. "(a) CREATION OF TRUST FUND.—

"(1) IN GENERAL.—There is established in the Treasury of the United States a trust fund to be known as the 'Black Lung Disability Trust Fund', consisting of such amounts as may be ^propriated or credited to the Black Lung Disability Trust Fund. "(2) TRUSTEES.—The trustees of the Black Lung Disability Trust Fund shall be the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services.

"(b) TRANSFER OF CERTAIN TAXES; OTHER RECEIPTS.— "(1) TRANSFER TO BLACK LUNG DISABILITY TRUST FUND OF

Ante, p. 1635,26 use 4951. Post, p. 1639.

30 USC 933,941, ^^2

AMOUNTS EQUIVALENT TO CERTAIN TAXES.—There are hereby appropriated to the Black Lung DisabiliJ^ Trust Fund amounts equivalent to the taxes received in the Treasury under section 4121 or Subchapter B of chapter 42. "(2) CERTAIN REPAID AMOUNTS, ETC.—The following amounts shall be credited to the Black Lung Disability Trust Fund: "(A) Amounts repaid or recovered under subsection (b) of section 424 of the Black Lung Benefits Act (including interest thereon). "(B) Amounts paid as fines or penalties, or interest thereon, under section 423, 431, or 432 of the Black Lung Benefits Act. "(C) Amounts paid into the Black Lung Disability Trust Fund by a trust described in section 501(c)(21).

"(c) REPAYABLE ADVANCES.—

"(1) AUTHORIZATION.—There are authorized to be appropriated to the Black Lung Disability Trust Fund, as repayable advances, such sums as may from time to time be necessary to make the expenditures described in subsection (d). (2) REPAYMENT WITH INTEREST.—Repayable advances made to the Black Lung Disability Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary of the Treasury determines that moneys are available in the Black Lung Disability Trust Fund for such purposes. "(3) RATE OF INTEREST.—Interest on advances made pursuant to this subsection shall be at a rate determined by the Secretary

�


text:
Page:United States Statutes at Large Volume 95.djvu/1663

 PUBLIC LAW 97-119—DEC. 29, 1981

95 STAT. 1637

of the Treasury (as of the close of the calendar month preceding the month in which the advance is made) to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding. "(d) EXPENDITURES FROM TRUST FUND.—Amounts in the Black Lung Disability Trust Fund shall be available, as provided by appropriation Acts, for— "(1) the payment of benefits under section 422 of the Black Lung Benefits Act in any case in which the Secretary of Labor determines that— "(A) the operator liable for the payment of such benefits— "(i) has not commenced payment of such benefits within 30 days after the date of an initial determination of eligibility by the Secretary of Labor, or "(ii) has not made a payment within 30 days after that pa3mientisdue, except that, in the case of a claim filed on or after the date of the enactment of the Black Lung Benefits Revenue Act of 1981, amounts will be available under this subparagraph only for benefits accruing after the date of such initial determination, or "(B) there is no operator who is liable for the payment of such benefits, "(2) the payment of obligations incurred by the Secretary of Labor with respect to all claims of miners or their survivors in which the miner's last coal mine employment was before January 1, 1970, (3) the repayment into the Treasury of the United States of an amount equal to the sum of the amounts expended by the Secretary of Labor for claims under part C of the Black Lung Benefits Act which were paid before April 1, 1978, except that the Black Lung Disability Trust Fund shall not be obligated to pay or reimburse any such amounts which are attributable to periods of eligibility before January 1, 1974, (4) the repayment of, and the payment of interest on, repayable advances to the Black Lung Disability Trust Fund, "(5) the payment of all expenses of administration on or after March 1, 1978— "(A) incurred by the Department of Labor or the Department of Health and Human Services under part C of the Black Lung Benefits Act (other than under section 427(a) or 433), or "(B) incurred by the Department of the Treasury in administering subchapter B of chapter 32 and in carrying out its responsibilities with respect to the Black Lung Disability Trust Fund, "(6) the reimbursement of operators for amounts paid by such operators (other than as penalties or interest) before April 1, 1978, in satisfaction (in whole or in part) of claims of miners whose last emplo3maent in coal mines was terminated before January 1, 1970, and "(7) the reimbursement of operators and insurers for amounts paid by such operators and insurers (other than amounts paid as penalties, interest, or attorney fees) at any time in satisfaction (in whole or in part) of any claim denied (within the meaning of section 402(i) of the Black Lung Benefits Act) before March 1,

30 USC 932.

30 USC 93i.

30 USC 937,943. 26 USC 4i2i.

Post, p. 1645.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1664

 95 STAT. 1638

PUBLIC LAW 97-119—DEC. 29, 1981

1978, and which is or has been approved in accordance with the 30 USC 945. provisions of section 435 of the Black Lung Benefits Act. For purposes of the preceding sentence, any reference to section Post, pp. 1645. 402(i), 422, or 435 of the Black Lung Benefits Act shall be treated as a 1639, 1644, 1645. reference to such section as in effect immediately after the enactment of this section. ^'Subchapter B—General Provisions

26 USC 9601.

Ante, p. 1636.

26 USC 9602.

"Sec. 9601. Transfer of amounts. "Sec. 9602. Management of Trust Funds. "SEC. 9601. TRANSFER OF AMOUNTS.

"The amounts appropriated by any section of subchapter A to any Trust Fund establishea by such subchapter shall be transferred at least monthly from the general fund of the Treasury to such Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such section. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. "SEC. 9602. MANAGEMENT OF TRUST FUNDS. "(a) REPORT.—It shall be the duty of the Secretary of the Treasury to hold each Trust Fund established by subchapter A, and (after consultation with any other trustees of the Trust Fund) to report to the Congress each year on the financial condition and the results of the operations of each such Trust Fund during the preceding fiscal year and on its expected condition and operations during the next 5 fiscal years. Such report shall be printed as a House document of the session of the Congress to which the report is made. "(b) INVESTMENT.—

"(1) IN GENERAL.—It shall be the duty of the Secretary of the Treasury to invest such portion of any Trust Fund established by subchapter A as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interestbearing obligations of the United States. For such purpose, such obligations may be acquired— "(A) on original issue at the issue price, or "(B) by purchase of outstanding obligations at the market price. "(2) SALE OF OBLIGATIONS.—Any obligation acquired by a Trust Fund established by subchapter A may be sold by the Secretary of the Treasury at the market price. "(3) INTEREST ON CERTAIN PROCEEDS.—The interest on, and the proceeds from the sale or redemption of, any obligations held in a Trust Fund established by subchapter A shall be credited to and form a part of the Trust Fund.". 30 USC 934a. 26 USC 501. Ante, p. 1636.

(b) REPEAL OP SUBSECTIONS (a), (b), AND (C) OP SECTION 3 OF THE BLACK LUNG BENEFITS REVENUE AcT OP 1977.—Subsoctions (a), (b),

and (c) of section 3 of the Black Lung Benefits Revenue Act of 1977 are herel^ repealed. (c) CLERICAL AMENDMENTS.—

(1) Clause (iii) of section 501(c)(21XB) is amended by striking out "established under section 3 of the Black Lung Benefits Revenue Act of 1977" and inserting in lieu thereof "established under

SOCtion 9 5 0 1 ".

(2) The table of subtitles for such Code is amended by adding at the end thereof the following new item:

�


text:
Page:United States Statutes at Large Volume 95.djvu/1665

 PUBLIC LAW 97-119—DEC. 29, 1981

95 STAT. 1639

"SUBTITLE I. Trust Fund Ckxie.". (d) EFFECTIVE DATE.—

26 USC 950i (1) IN GENERAL.—The amendments made by this section shall ^°^take effect on January 1, 1982. Section 9501(c)(3) of the Internal Revenue Code of 1954 (as added by subsection (a)) shall only apply Ante, p. 1636. to advances made after December 31, 1981. (2) SAVINGS PROVISIONS.—The Black Lung Disability Trust Fund established by the amendments made by this section shall be treated for all purposes of law as the continuation of the Black Lung Disability Trust Fund established by section 3 of the Black Lung Benefits Revenue Act of 1977. Any reference in any law to 30 USC 934a, the Black Lung Disability Trust Fund established by such section 934 and note. 3 shall be deemed to include a reference to the Black Lung Disability Trust Fund established by the amendments made by this section.

SEC. 104. AMENDMENTS TO SECTION 424 OF THE BLACK LUNG BENEFITS ACT. (a) INTEREST ON OPERATOR LIABILITIES.— (1) RATE OF INTEREST.—Subsection

(b) of section 424 of the Black Lung Benefits Act is amended by adding at the end thereof 30 USC 934. the following new paragraph: "(5) The rate of interest under this subsection— "(A) for any period during calendar year 1982, shall be 15 percent, and "(B) for any period after calendar year 1982, shall be the rate established by section 6621 of the Internal Revenue Code of 1954 which is in effect for such period.". 26 USC 6621. (2) CLARIFYING AMENDMENT.—The first sentence of section 424(b)(l) of the Black Lung Benefits Act is amended by inserting "plus interest thereon" after "attributed to him". (3) EFFECTIVE DATE.—The amendment made by paragraph (1) 30 USC 934 note. shall take effect on January 1, 1982, and shall apply to amounts outstanding on such date or arising thereafter.

(b) CONFORMING AMENDMENTS.—

(1) Section 402(h) of the Black Lung Benefits Act is amended to "Fund." read as follows: 30 USC 902. "(h) The term 'fund' means the Black Lung Disability Trust Fund established by section 9501 of the Internal Revenue Code of 1954.". (2) Section 415(a)(l) of the Black Lung Benefits Act is amended 30 USC 925. by striking "section 424 of this title" and inserting in lieu thereof "section 9501(d) of the Internal Revenue Code of 1954". (3) Section 422(a) of the Black Lung Benefits Act is amended by 30 USC 932. striking "section 424" and inserting in lieu thereof "section 9501(d) of the Internal Revenue Code of 1954". (4) Section 422(i)(4) of the Black Lung Benefits Act is amended by striking "section 424" and inserting in lieu thereof "section 9501(d) of the Internal Revenue Code of 1954". (5) Section 422(j) of the Black Lung Benefits Act is amended by striking "section 424 shall" and inserting in lieu thereof "section 9501 of the Internal Revenue Code of 1954 shall"; and by striking "section 424(a)(l)" and inserting in lieu thereof "section 9501(d)(l) of the Internal Revenue Code of 1954". (6) Section 424(a) of the Black Lung Benefits Act is amended to 30 USC 934. read as follows: "(a) For purposes of this section, the term 'fund* has the meaning set forth in section 402(h).". Supra. 89-194 O—82

105:QL3

�


text:
Page:United States Statutes at Large Volume 95.djvu/1666

 95 STAT. 1640

PUBLIC LAW 97-119—DEC. 29, 1981

Subtitle B—Miscellaneous Revenue Amendments SEC. 111. ADDITIONAL 2-YEAR DELAY IN APPLICATION OF THE NET OPERATING LOSS RULES ADDED BY THE TAX REFORM ACT OF 1976.

Paragraphs (2) and (3) of section 806(g) of the Tax Reform Act of 26 USC 382 note. 1976 (relating to effective dates for the amendments to sections 382 26 USC 382, 383. and 383 of the Internal Revenue Code of 1954) are amended by striking out "1982" each place it appears and inserting in lieu thereof "1984". SEC. 112. INFORMATION RETURNS WITH RESPECT TO SAFE HARBOR LEASES. 26 USC 168 note.

Ante, p. 204.

(a) REQUIREMENT OF RETURN.—

(1) IN GENERAL.—Except as provided in paragraph (2), paragraph (8) of section 168(f) of the Internal Revenue Code of 1954 (relating to special rule for leases) shall not apply with respect to an agreement unless a return, signed by the lessor and lessee and containing the information required to be included in the return pursuant to subsection (b), has been filed with the Internal Revenue Service not later than the 30th day after the date on which the agreement is executed. (2) SPECIAL RULES FOR AGREEMENTS EXECUTED BEFORE JANUARY 1, 1982.—

(A) IN GENERAL.—In the case of an agreement executed before January 1, 1982, such agreement shall cease on February 1, 1982, to be treated as a lease under section 168(0(8) unless a return, signed by the lessor and containing the information required to be included in subsection (b), has been filed with the Internal Revenue Service not later than January 31, 1982. (B) FiuNG BY LESSEE.—If the lessor does not file a return under subparagraph (A), the return requirement under subparagraph (A) shall be satisfied if such return is filed by the lessee before January 31, 1982. (3) CERTAIN FAILURE TO FILE.—If—

(A) a lessor or lessee fails to file any return within the time prescribed by this subsection, and (B) such failure is shown to be due to reasonable cause and not due to willful neglect, the lessor or lessee shall be treated as having filed a timely return if a return is filed within a reasonable time after the failure is ascertained. 0)) INFORMATION REQUIRED.—The information required to be included in the return pursuant to this subsection is as follows: (1) The name, address, and taxpayer identifying number of the lessor and the lessee (and parent company if a consolidated return is filed); (2) The district director's office with which the income tax returns of the lessor and lessee are filed; (3) A description of each individual property with respect to which the election is made; (4) The date on which the lessee places the property in service, the date on which the lease begins and the term of the lease;

�


text:
Page:United States Statutes at Large Volume 95.djvu/1667

 PUBLIC LAW 97-119—DEC. 29, 1981

95 STAT. 1641

(5) The recovery property class and the ADR midpoint life of the leased property; (6) The payment terms between the parties to the lease transaction; (7) Whether the ACRS deductions and the investment tax credit are allowable to the same taxpayer; (8) The aggregate amount paid to outside parties to arrange or carry out the transaction; (9) For the lessor only: the unadjusted basis of the property as defined in section 168(d)(l); ^"^^' P 204. (10) For the lessor only: if the lessor is a partnership or a grantor trust, the name, address, and taxpayer identifying number of the partners or the beneficiaries, and the district director's office with which the income tax return of each partner or beneficiary is filed; and (11) Such other information as may be required by the return or its instructions. Paragraph (8) shall not apply with respect to any person for any calendar year if it is reasonable to estimate that the aggregate adjusted basis of the property of such person which will be subject to subsection (a) for such year is $1,000,000 or less. (c) COORDINATION WITH OTHER INFORMATION REQUIREMENTS.—In

the case of agreements executed after December 31, 1982, to the extent provided in regulations prescribed by the Secretary of the Treasury or his delegate, the provisions of this section shall be modified to coordinate such provisions with the other information requirements of the Internal Revenue Code of 1954. SEC. 113. EXPENSES IN CONNECTION WITH BUSINESS USE OF A HOME, ETC. (a) RENTAL TO FAMILY MEMBERS AND SHARED EQUITY AGREEMENTS

(1) IN GENERAL.—Subsection (d) of section 280A (relating to 26 USC 280A. disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: "(3) RENTAL TO FAMILY MEMBER, ETC., FOR USE AS PRINCIPAL RESIDENCE.—

"(A) IN GENERAL.—A taxpayer shall not be treated as using a dwelling unit for personal purposes by reason of a rental arrangement for any period if for such period such dwelling unit is rented, at a fair rental, to any person for use as such person's principal residence. "(B) SPECIAL RULES FOR RENTAL TO PERSON HAVING INTER-

EST IN UNIT.— "(i) RENTAL MUST BE PURSUANT TO SHARED EQUITY

FINANCING AGREEMENT.—Subparagraph (A) shall apply to a rental to a person who has an interest in the dwelling unit only if such rental is pursuant to a shared equity financing agreement. "(ii) DETERMINATION OF FAIR RENTAL.—In the case of a rental pursuant to a shared equity financing agreement, fair rental shall be determined as of the time the agreement is entered into and by taking into account the occupant's qualified ownership interest.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1668

 95 STAT. 1642

PUBLIC LAW 97-119—DEC. 29, 1981 "(C) SHARED EQUITY FINANCING AGREEMENT.—For purposes of this paragraph, the term 'shared equity financing agreement' means an agreement under which— "(i) 2 or more persons acquire qualified ownership interests in a dwelling unit, and "(ii) the person (or persons) holding 1 or more of such interests— "(I) is entitled to occupy the dwelling unit for use as a principal residence, and "(II) is required to pay rent to 1 or more other persons holding qualified ownership interests in the dwelling unit. "(D) QUALIFIED OWNERSHIP INTEREST.—For purposes of this paragraph, the term 'qualified ownership interest' means an undivided interest for more than 50 years in the entire dwelling unit and appurtenant land being acquired in the transaction to which the shared equity financing agreement relates.". (2) DEFINITION OF QUALIFIED RENTAL PERIOD.—Subparagraph

26 USC 280A.

(B) of section 280A(d)(4) (defining qualified rental period), as redesignated by paragraph (1), is amended by striking out "to a person other than a member of the family (as defined in section 267(c)(4)) of the taxpayer". (b) TREATMENT OF EXPENSES WHILE AWAY FROM HOME IN PURSUIT OF TRADE OR BUSINESS.—

"(1) IN GENERAL.—Subsection (f) of section 280A is amended by adding at the end thereof the following new paragraph: "(4) COORDINATION WITH SECTION 162(a)(2), ETC.— "(A) IN GENERAL.—Nothing in this section shall be construed to disallow any deduction allowable under section 162(a)(2) (or any deduction which meets the tests of section 162(a)(2) but is allowable under another provision of this title) by reason of the taxpayer's being away from home in the pursuit of a trade or business (other than the trade or business of renting dwelling units). "(B) LIMITATION.—The Secretary shall prescribe amounts deductible (without substantiation) pursuant to the last sentence of section 162(a), but nothing in subparagraph (A) or any other provision of this title shall permit such a deduction for any taxable year of amounts in excess of the amounts determined to be appropriate under the circumstances.". (c) PRINCIPAL PLACE OF BUSINESS APPLIES TO ANY TRADE OR BUSI-

26 USC 280A "°*®-

NESS.—Subparagraph (A) of section 280A(c)(l) (relating to certain business use) is amended to read as follows: "(A) the principal place of business for any trade or business of the taxpayer.". (d) REPAIR AND MAINTENANCE OF DWELUNG UNIT.—The last sentence of paragraph (2) of section 280A(d) (relating to personal use of residence) is amended by inserting ", except that if the taxpayer is engaged in repair and maintenance on a substantially full time basis for any day, such authority shall not allow the Secretary to treat a dwelling unit as being used for personal use by the taxpayer on such day merely because other individuals who are on the premises on such day are not so engaged" after "paragraph". (e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1975, except that in the case of taxable years beginning after December 31, 1975, and

�


text:
Page:United States Statutes at Large Volume 95.djvu/1669

 PUBLIC LAW 97-119—DEC. 29, 1981

95 STAT. 1643

before January 1, 1980, the amendment made by this section shall apply only to taxable years for which, on the date of the enactment of this Act, the making of a refund, or the assessment of a deficiency, was not barred by law or any rule of law.

TITLE II—BENEFITS AMENDMENTS SHORT TITLE; GENERAL R E F E R E N C E

SEC. 201. (a) This title may be cited as the "Black Lung Benefits Amendments of 1981". (b) Except as otherwise specifically 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 Black Lung Benefits Act.

Black Lung Benefits Amendments of 1981. 30 USC 801 note.

ELIGIBILITY STANDARDS

SEC. 202. (a) The fourth sentence of subsection (b) of section 413 is 30 USC 923 amended by inserting immediately after the words "In any case" a comma and the following: "other than that involving a claim filed on or after the effective date of the Black Lung Benefits Amendments of 1981,". (b)(1) Paragraphs (2) and (4) of subsection (c) of section 411 are each 30 USC 921. amended by inserting a new sentence at the end of each as follows: "The provisions of this paragraph shall not apply with respect to claims filed on or after the effective date of the Black Lung Etenefits Amendments of 1981.". (2) Paragraph (5) of subsection (c) of section 411 is amended by inserting a new sentence at the end thereof as follows: "The provisions of this paragraph shall not apply with respect to claims filed on or after the day that is 180 days after the effective date of the Black Lung Benefits Amendments of 1981.". (c) The third sentence of subsection (b) of section 413 is amended by 30 USC 923. inserting immediately after the word "affidavits" a comma and the following: "from persons not eligible for benefits in such case with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981,". (d) Section 430 is amended by striking the words "and by" and 30 USC 940. inserting in lieu thereof a comma, and by inserting immediately after the phrase "the Black Lung Benefits Reform Act of 1977" the phrase "and the Black Lung Benefits Amendments of 1981". (e) The Secretary of Labor, in consultation with the Secretary of Study. Health and Human Services, shall undertake a study of current 30 USC 901 note. medical methods for the diagnosis of pneumoconiosis, and of the nature and extent of impairment and disability that are attributable to the existence of both simple and complicated pneumoconiosis. The Transmittal to study, together with appropriate recommendations, shall be trans- Congress. mitted to the Congress no later than eighteen months after the effective date of this title. BENEFITS

SEC. 203. (a)(1) Section 412(a)(2) is amended by inserting immedi- 30 USC 922. ately after the word "or" a comma and the following: "except with respect to a claim filed under part C of this title on or after the 30 USC 931. effective date of the Black Lung Benefits Amendments of 1981,". (2) Section 412(a)(3) is amended by striking the first comma therein, and by inserting immediately after the word "or" the second time it

�


text:
Page:United States Statutes at Large Volume 95.djvu/1670

 95 STAT. 1644

PUBLIC LAW 97-119—DEC. 29, 1981

appears therein a comma and the following: "except with respect to a 30 USC 931. claim filed under part C of this title on or after the effective date of the Black Lung Benefits Amendments of 1981,". 30 USC 922. (3) Section 412(a)(5) is amended by striking out the second comma therein, by striking out the phrase "of a miner" the third time it appears therein, and by inserting immediately after the word "or" the second time it appears therein a comma and the following: "except with respect to a claim filed under part C of this title on or after the effective date of the Black Lung Benefits Amendments of 1981,". 30 USC 901. (4) Section 401(a) is amended by striking the phrase "or who were totally disabled by this disease at the time of their deaths" each time it appears. 30 USC 921. (5) Section 411(a) is amended by inserting immediately after the word "or" a comma and the following: "except with respect to a claim filed under part C of this title on or after the effective date of the Black Lung Benefits Amendments of 1981,". 30 USC 932. (6) Section 422(1) is amended by inserting immediately before the period at the end thereof a comma and the following: "except with respect to a claim filed under this part on or after the effective date of the Black Lung Benefits Amendments of 1981,". (b) Subsection (g) of section 422 is amended by adding at the end thereof a new sentence as follows: "In addition, the amount of benefits payable under this section with respect to any claim filed on or after the effective date of the Black Lung Benefits Amendments of 1981 shall be reduced, on a monthly or other appropriate basis, by the amount by which such benefits would be reduced on account of excess earnings of such miner under section 203(b) through (1) of the Social 42 USC 403. Security Act if the amount paid were a benefit payable under section 42 USC 402. 202 of such Act.". Study. (c) The Secretary of Labor shall undertake a study of the benefits 30 USC 901 note, provided by the Black Lung Benefits Act, other benefits received by individuals who receive benefits under that Act, and benefits which would be received were State workers' compensation programs appliTransmittai to cable in lieu of benefits under that Act. The study, together with Congress. appropriate recommendations, shall be transmitted to the Congress no later than eighteen months after the effective date of this title. 30 USC 922. (d) Paragraph (1) of subsection (a) of section 412 is amended by deleting the phrase "50 per centum of the minimum monthly pay5 USC 5332 note, rnent to which a Federal employee in grade GS-2, who is totally disabled, is entitled at the time of payment under chapter 81 of title 5, 5 USC 8101 et United States Code" and inserting in lieu thereof the phrase "37 V 2 ^^^ per centum of the monthly pay rate for Federal employees in grade GS-2, step 1". INTEREST CHARGES

30 USC 932. Ante, p. 1639.

SEC. 204. Subsection (d) of section 422 is amended by adding two new sentences at the end thereof as follows: "If payment is not made within the time required, interest shall accrue to such amounts at the rates set forth in section 424(b)(5) of this title for interest owed to the fund. With respect to payments withheld pending final adjudication of liability, in the case of claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981, such interest shall commence to accumulate 30 days after the date of the determination that such an award should be made.".

�


text:
Page:Theodore Roosevelt Rough Riders.djvu/214

206 and that it should at once be recalled. At first there was naturally some hesitation on the part of the regular officers to take the initiative, for their entire future career might be sacrificed. So I wrote a letter to General Shafter, reading over the rough draft to the various Generals and adopting their corrections. Before I had finished making these corrections it was determined that we should send a circular letter on behalf of all of us to General Shafter, and when I returned from presenting him mine, I found this circular letter already prepared and we all of us signed it. Both letters were made public. The result was immediate. Within three days the army was ordered to be ready to sail for home.

As soon as it was known that we were to sail for home the spirits of the men changed for the better. In my regiment the officers began to plan methods of drilling the men on horseback, so as to fit them for use against the Spanish cavalry, if we should go against Havana in December. We had, all of us, eyed the captured Spanish cavalry with particular interest. The men were small, and the horses, though well trained and well built, were diminutive ponies, very much smaller than cow ponies. We were certain that if we ever got a chance to try shock tactics against them they would go down like nine-pins, provided only that our men could be


text:
Page:United States Statutes at Large Volume 95.djvu/1671

 PUBLIC LAW 97-119—DEC. 29, 1981

95 STAT. 1645

SPECIAL CLAIMS

SEC. 205. (a)(1) Subsection (c) of section 422 is amended by inserting 30 USC 932. "(1)" after "pneumoconiosis", and by inserting before the period at the end thereof a semicolon and the following: "or (2) which was the subject of a claim denied before March 1, 1978, and which is or has been approved in accordance with the provisions of section 435". 30 USC 945. (2) Subsection (j) of section 422 is amended by striking out "or" at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; or", and by adding at the end thereof the following: "(3) in which there was a claim denied before March 1, 1978, and such claim is or has been approved in accordance with the provisions of section 435.". (b) Section 402 is amended by inserting at the end thereof the "Claim denied." following new paragraph: ^^ ^^^ ^^^ "(i) For the purposes of subsections (c) and (j) of section 422, and for Supra. the purposes of paragraph (7) of subsection (d) of section 9501 of the Internal Revenue Code of 1954, the term 'claim denied' means a Ante, p. 1636. claim— "(1) denied by the Social Security Administration; or "(2) in which (A) the claimant was notified by the Department of Labor of an administrative or informal denial more than 1 year prior to the date of enactment of the Black Lung Benefits Reform Act of 1977 and did not, within 1 year from the date of 30 USC 80i note. notification of such denial, request a hearing, present additional evidence or indicate an intention to present additional evidence, or (B) the claim was denied under the law in effect prior to the date of enactment of the Black Lung Benefits Reform Act of 1977 following a formal hearing or administrative or judicial review proceeding.". EFFECTIVE DATE; SEPARABILITY

SEC. 206. (a) Except as otherwise provided, the provisions of this 30 USC 90i note. title shall take effect on January 1, 1982. (b) If any provision of this title, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this title, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 5159: HOUSE REPORT: No. 97-406, Ft. 1 (Coram, on Ways and Means). CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 15, considered and passed House. Dec. 16, considered and passed Senate, amended; House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1672

 95 STAT. 1646

PUBLIC LAW 97-120—DEC. 29, 1981

Public Law 97-120 97th Congress An Act Dec. 29, 1981 [S. 657]

Herbert Clark Hoover Department of Commerce Building. Designation.

.j^ designate the Depaitment of Commerce Building in Washington, the District of CSolumbia, as the 'llerbert Clark Hoover Department of Commerce Building".

Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled. That the Department of Commerce Building at 14th Street and Constitution Avenue Northwest, in Washington, the District of Columbia, shall hereafter be known and designated as the "Herbert Clark Hoover Department of Commerce Building". Any reference in a law, map, r^ulation, document, record, or other paper of the United States to that Duilding shall be held to be a reference to the "Herbert Clark Hoover Department of Commerce Building". Approved December 29, 1981.

LEGISLATIVE HISTORY—S. 657: SENATE REPORT No. 97-286 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 4, considered and passed Senate. Dec. 16, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1673

 PUBLIC LAW 97-121—DEC. 29, 1981

95 STAT. 1647

Public Law 97-121 97th Congress An Act Making appropriations for foreign assistance and related programs for the fiscal year ending September 30, 1982, and for other purposes.

Dec. 29, 1981 [H.R. 4559]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Foreign sums are appropriated, out of any money in the Treasury not Assistance and otherwise appropriated, for foreign assistance and related programs Related Programs for the fiscal year ending September 30, 1982, and for other purposes, Appropriations Act, 1982. namely: TITLE I—MULTILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL FINANCIAL INSTITUTIONS CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the Secretary of the Treasury, for the United States share of the replenishment of the resources of the Fund for Special Operations, as authorized by the Act of June 3, 1980 (Public Law 96-259), $173,177,000 to remain available until expended; and $48,053,477, for the United States share of the increase in subscriptions to the paid-in capital stock, as authorized by the Act of June 3, 1980 (Public Law 96-259), to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States C!ode, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States C!ode.

94 Stat. 429.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Inter-American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such increase in capital stock in an amount not to exceed $609,582,129. CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT

For pa5niient to the International Bank for Reconstruction and Development by the Secretary of the Treasury, for the United States share of the incresise in subscriptions to the paid-in capital stock, as authorized by the International Financial Institutions Act, ^^f^' P "^45.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1674

 95 STAT. 1648

Ante, p. 740.

PUBLIC LAW 97-121-DEC. 29, 1981

$37,168,491, to remain available until expended, and $109,720,549 for the General Capital Increase, as authorized by section 39 of the Bretton Woods Agreements Act, to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable portion of the United States share of such increases in capital stock in an amount not to exceed $1,687,728,491. CONTRIBUTION TO THE INTERNATIONAL FINANCE CORPORATION

Ante, p. 745.

For payment to the International Finance Corporation by the Secretary of the Treasury, $14,447,900, for the United States share of the increase in subscriptions to capital stock, as authorized by the International Financial Institutions Act, to remain available until expended. CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

Ante, p. 740.

For payment to the International Development Association by the Secretary of the Treasury, $700,000,000, for the second installment of the United States contribution to the sixth replenishment, as authorized by section 17 of the International Development Association Act, to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the International Bank for Reconstruction and Development is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code: Provided further, That the Secretary of the Treasury shall instruct the Executive Director to undertake negotiations to reallocate the development credits made available through the sixth replenishment to provide a more efficient distribution among recipient nations including a reduction in the maximum development credits provided to any given nation. CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

For payment to the Asian Development Bank by the Secretary of the Treasury, for the United States share of the increase in subscriptions to the paid-in capital stock, as authorized b)r the International Financial Institutions Act, $4,713,851, to remain available until expended; and for the United States contribution to the increase in

�


text:
Page:United States Statutes at Large Volume 95.djvu/1675

 PUBLIC LAW 97-121—DEC. 29, 1981

95 STAT. 1649

resources of the Asian Development Fund, as authorized by the Act of June 3, 1980 (Public Law 96-259), $108,250,000 to remain available 94 Stat. 429. until expended; and as authorized by the International Financial Institutions Act, $7,847,869, to remain available until expended: Ante, p. 745. Provid&i, That no such payment may be made while the United States Director of the Bank is compensated by the Bank at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States Director to the Bank is compensated by the Bank in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such increase in capital stock in an amount not to exceed $42,632,409. CONTMBUTION TO THE AFRICAN DEVELOPMENT FUND

For payment to the African Development Fund by the Secretary of the Treasury, $58,333,333, as authorized by the Act of June 3, 1980 (Public Law 96-259), for the United States contribution to the second 94 Stat. 429. replenishment of the African Development Fund, to remain available until expended. INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to cany out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United ^2 USC 2221. Nations Environment Program Participation Act of 1973, 22 USC 287 note. $215,438,000: Provided, That no funds shall be available for the United Nations Fund for Science and Technology or the United Nations Decade for Women: Provided further, TTiat not less than $126,750,000 shall be available only for the United Nations Development Program: Provided further. That not more than $41,500,000 shall be available for the United Nations Children's Fund: Provided further, That not more than $7,850,000 shall be available for the United Nations Environment Program. TITLE II—BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other 22 USC 2151 purposes, to remain available until September 30, 1982, unless ^°^^otherwise specified herein, as follows: AGENCY FOR INTERNATIONAL DEVELOPMENT

Agriculture, rural development, and nutrition, Development Assistance: For necessary expenses to carry out the provisions of section 103, $700,000,000: Provided, That of this amount the funds 22 USC 2i5ia.

�


text:
Page:United States Statutes at Large Volume 95.djvu/1676

 95 STAT. 1650

22 USC 2151b.

22 USC 2151c. Ante, p. 1532.

22 USC 2151d, 2151e.

22 USC 2151a-2151e.

22 USC 2174. 22 USC 2292.

Sahel development program. 22 USC 2151s.

PUBLIC LAW 97-121—DEC. 29, 1981

provided for loans shall remain available for obligation until September 30, 1983. Population, Development Assistance: For necessary expenses to carry out the provisions of section 104(b), $211,000,000: Provided, That of this amount the funds provided for loans shall remain available for obligation until September 30, 1983: Provided further. That none of the funds appropriated under this heading may be available for the World Health Organization's Special Program of Research, Development and Research Training in Human Reproduction. Health, Development Assistance: For necessary expenses to carry out the provisions of section 104(c), $133,405,000: Provided, That of this amount the funds provided for loans shall remain available for obligation until September 30, 1983. Education and human resources development. Development Assistance: For necessary expenses to carry out the provisions of section 105, $103,550,000: Provided, That $4,000,000 of this amount shall be available only for scholarships for South African students in accordance with the last sentence of section 105(a) of the Foreign Assistance Act of 1961 (as added by title III of the International Security and Development Cooperation Act of 1981): Provided further, That of this amount the funds provided for loans shall remain available for obligation until September 30, 1983. Energy and selected development activities. Development Assistance: For necessary expenses to carry out the provisions of sections 106 and 107, $137,200,000: Provided, That of this amount the funds provided for loans shall remain available for obligation until September 30, 1983. Science and technology. Development Assistance: For necessanr expenses to carry out the provisions of sections 106-107, $10,000,000: Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available for obligation until September 30, 1983. Loan allocation. Development Assistance: Of the new obligational authority appropriated under this Act to carry out the provisions of sections 103 through 107, not less than 30 percent shall be available for loans for the fiscal year 1982: Provided, That loans made pursuant to this authority to countries whose annual per capita gross national product is greater than $730 but less than $1,180 shall be repayable within twenty-five years following the date on which funds are initially made available under such loans and loans to countries whose annual per capita gross national product is greater than or equal to $1,180 shall be repayable within twenty years following the date on which funds are initially made available under such loans. American schools and hospitals abroad: For necessary expenses to carry out the provisions of section 214, $20,000,000. International disaster assistance: For necessary expenses to carry out the provisions of section 491, $27,000,000: Provided, That of the funds appropriated under this paragraph, not less than $10,000,000 shall be used for earthquake relief and reconstruction in southern Italy. Sahel development program: For necessary expenses to carry out the provisions of section 121, $93,757,500, to remain available until expended: Provided, That no part of such appropriation may be available to make any contribution of the United States to the Sahel development program in excess of 10 per centum of the total contributions to such program: Provided further. That of such amount, $2,000,000 shall be used for the African Development Foundation

�


text:
Page:United States Statutes at Large Volume 95.djvu/1677

 PUBLIC LAW 97-121—DEC. 29, 1981 and, in addition, the unobligated balances as of September 30, 1981, of funds heretofore made available for the African Development Foundation are hereby continued available for the fiscal year 1982 for use for the African Development Foundation. Pa5anent to the Foreign Service Retirement and Disability Fund: For payment to the "Foreign Service Retirement and Disability Fund", as authorized by the Foreign Service Act of 1980, $32,552,000. Economic support fund: For necessary expenses to carry out the provisions of chapter 4 of part II, $2,576,000,000: Provided, That of the funds appropriated under this paragraph, not less than $806,000,000 shall be available for Israel, not less than $771,000,000 shall be available for Egypt: Provided further, That no funds provided for the Special Requirements Fund shall be obligated or expended without the prior written approval of the Appropriations Committees of both Houses of Congress: Provided further. That not less than $100,000,000 shall be available for Sudan, not less than $5,000,000 for Poland, not less than $5,000,000 for Tunisia, and not less than $20,000,000 for Costa Rica: Provided further. That not more than $15,000,000 shall be available for Cyprus. Peacekeeping operations: For necessary expenses to carry out the provisions of section 561, $14,000,000. Operating expenses of the Agency for International Development: For necessary expenses to carry out the provisions of section 667, $331,000,000: Provided, That not more than $20,000,000 of this amount shall be for Foreign Affairs Administrative Support. Trade and development: For necessary expenses to carry out the provisions of section 661, $6,907,000, to remain available until expended. Housing and other credit guaranty programs: During the fiscal year 1982, total commitments to guarantee loans shall not exceed $150,000,000 of contingent liability for loan principal. International narcotics control: For necessary expenses to carry out the provisions of section 481, $36,700,000: Provided, That these and other funds heretofore made available for international narcotics control may be used in accordance with the provisions of H.R. 3566, as reported May 19, 1981.

95 STAT. 1651

g Stat. 2071. note. 22 USC 2346.

22 USC 2348. 22 USC 2427.

22 USC 2421.

22 USC 2291. Ante, p. 1519.

USE OF CERTAIN POUSH CURRENCIES

Subject to the enactment of authorizing legislation, during the fiscal year 1982, the equivalent in currency or credit of $70,000,000 in Polish zlotys (received by the United States from the April 1981 sale of United States Government-held dairy products to Poland) shall be available for use in Poland to serve United States interests, including use for activities of common benefit to the people of the United States and the people of Poland, such as joint programs in energy, agriculture, education, science, health, and culture, or for humanitarian activities INTER-AMERICAN FOUNDATION

For expenses necessary to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, and to make such contracts and commitments without r ^ a r d to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, $12,000,000.

22 USC 290f. 3i use 849.

�