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Page:United States Statutes at Large Volume 95.djvu/975

 PUBLIC LAW 97-45—SEPT. 25, 1981

95 STAT. 949

Public Law 97-45 97th Congress An Act To facilitate the ability of product sellers to establish product liability risk retention groups, to facilitate the ability of such sellers to purchase product liability insure ance on a group basis, and for other purposes.

Sept. 25, 1981 [H.R. 2120]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Pr<*d"ct Liability « ^ ^ «. -™., « SHORT TTTLB

1. This Act may be cited as the ''Product Liability Risk Retention Act of 1981".

Risk Retention Act of 1981. 15 USC 3901

SECTION

DEFINITIONS

SEC. 2. (a) As used in this Act— is use 3901. (1) "completed operations liability" means liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by— (A) any person who performs that work; or (B) any person who hires an independent contractor to perform that work: but shall include liability for activities which are completed or abandoned before the date of the occurrence giving rise to the liability; (2) "insurance" means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law; (3) "product liabuity" means liability for damages because of any personal ii\jury, death, emotional harm, consequential economic damage, or property damage (including damages resulting from the loss of use of property) arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liabilify of any person for those damages if the product involved was in the possession of such a person when the incident giving rise to the claim occurred; (4) "risk retention group" means any corporation or other limited liability association taxable as a corporation, or as an insurance company, formed under the laws of any State, Ber^ muda, or the Cayman Islands— (A) whose primary activity consists of assuming and spreading all, or any portion, of the product liability or completed operations liability risk exposure of its group members; (B) which is organized for the primary purpose of conducting the activity described under subparagraph (A); (C) which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State, or which is so chartered or

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Page:United States Statutes at Large Volume 95.djvu/976

 95 STAT. 950

PUBLIC LAW 97-45—SEPT. 25, 1981 licensed and authorized before January 1, 1985, under the laws of Bermuda or the Cayman Islands, except that any group so chartered or licensed and authorized under the laws of Bermuda or the Cayman Islands shall be considered to be a risk retention group only after it has certified to the insurance commissioner ofat least one State that it satisfies the capitalization requirements of such State; (D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person; and (E) which is composed of members each of whose principal activity consists of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product or products; (5) "purchasing group" means any group of persons which has as one of its purposes the purchase of product liability or completed operations liability insurance on a group basis; and (6) "State" means any State of the United States or the District of Columbia. (b) The definition of "product liability" in paragraph (4) of subsection (a) of this section shall not be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State. RISK RETENTION GROUPS

State regulation, SEC. 3. (a) Except as provided in this section, a risk retention group 15^0 3902 ^s exempt from any State law, rule, regulation, or order to the extent that such law, rule, regulation, or order would— (1) make unlawful, or regulate, directly or indirectly, the operation of a risk retention group except that the jurisdiction in which it is chartered may regulate the formation and operation of such a group and any State may require such a group to— (A) comply with the unfair claim settlement practices law of the State; (B) pay, on a nondiscriminatory basis, applicable premium and other taxes which are levied on admitted insurers and surplus lines Insurers, brokers, or policyholders under the laws of the State; (C) participate, on a nondiscriminatory basis, in any mechanism established or authorized under the law of the State for the equitable apportionment among insurers of product liability or completed operations liabmly insurance losses and expenses incurred on policies written through such mechanism; (D) submit to the appropriate authority reports and other information required of licensed insurers under the laws of a State relating solely to product liability or completed operations liability insurance losses and expenses; (E) register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process, and, upon request, furnish such commissioner a copy of any fiii£mcial report submitted by the risk retention group to the commissioner of the chartering or licensing jurisdiction; (F) submit to an examination by the State insurance commissioner in any State in which the group is doing business to determine the group's financial condition, if—

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Page:United States Statutes at Large Volume 95.djvu/977

 PUBLIC LAW 97-45—SEPT. 25, 1981 (i) the commissioner has reason to believe the risk retention group is in a financially impaired condition; and (ii) the commissioner of the jurisdiction in which the group is chartered has not begun or has refused to initiate an examination of the group; and (G) comply with a lawful order issued in a delinquency proceeding commenced by the State insurance commissioner if the commissioner of thepurisdiction in which the group is chartered has failed to initiate such a proceeding after notice of a finding of financial impairment under subparagraph (F) of this paragraph; (2) require or permit a risk retention group to participate in any insurance insolvency guaranty association to wmch an insurer licensed in the State is re(][uired to belong; (3) require any insurance pohcy issued to a risk retention group or any member of the group to be countersigned by an insurance agent or broker resimng in that State; or (4) otherwise discriminate agamst a risk retention group or any of its members, except that nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. O> The exemptions specified in subsection (a) apply to— t) (1) product liability or completed operations hability insurance coverage provided by a risk retention group for— (A) such group; or (B) any person who is a member of such group; (2) the sale of product liability or completed operations liability insurance coverage for a risk retention group; and (3) the provision of insurance related services or management services for a risk retention group or any member of such group. (c) A State may require that a person acting, or offering to act, as an agent or broker for a risk retention group obtain a license from that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker.

95 STAT. 951

State license requirement.

PURCHASING GROUPS

SEC. 4. (a) Except as provided in this section, a purchasing group is State regulation, exempt from any State law, rule, regulation, or order to the extent exemptions. 15 USC 3903. that such law, rule, regulation, or order would— (1) prohibit the establishment of a purchasing group; (2) make it unlawful for an insurer to provide or offer to provide insurance on a basis providing[, to a purchasing group or its members, advantages, based on their loss and expense experience, not afforded to other persons with respect to rates, policy forms, coverages, or other matters; (3) prohibit a purchasing group or its members from purchasing insurance on the group basis described in paragraph (2) of this subsection; (4) prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time; (5) require that a purchasing group must have a minimum number of members, common ownerahip or afOliation, or a certain legal form;

89-194 0 - 8 2

62:QU

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Page:United States Statutes at Large Volume 95.djvu/978

 95 STAT. 952

State license requirement.

PUBLIC LAW 97-45-SEPT. 25, 1981 (6) require that a certain percentage of a purchasing group must obtain insurance on a group basis; (7) require that any insurance policy issued to a purchasing group or any members of the group be countersigned by an insurance agent or broker residing in that State; or (8) otherwise discriminate against a purchasing group or any of its members. (b) The exemptions specified in subsection (a) apply to— (1) product liability or completed operations liability insurance, and comprehensive general liability insurance which includes either of these coverages, provided to— (A) a purchasing group; or (B) any person who is a member of a purchasing group; and (2) the provision of— (Aj product liability or completed operations insurance, and comprehensive general liability coverage; (B) insurance related services; or (Q management services; to a purchasing group or member of the group. (c) A State may require that a person acting, or offering to act, as an agent or broker for a purchasing group obtain a license from that State, except that a State may not impose any (qualification or requirement which discriminates against a nonresident agent or broker. APPLICABILITY OF SECURITIES LAWS

Ownership interests. 15 USC 3904. 15 USC 77e. 15 USC 78/. 15 USC 77q. 15 USC 78 j,

SEC. 5. (a) The ownership interests of members in a risk retention group shall be— (1) considered to be exempted securities for purposes of section 5 of the Securities Act of 1933 and for purposes of section 12 of the Securities Exchange Act of 1934; and (2) considered to be securities for purposes of the provisions of section 17 of the Securities Act of 1933 and the provisions of section 10 of the Securities Exchange Act of 1934. (b) A risk retention group shall not be considered to be an investment company for purposes of the Investment Company Act of 1940 (15 U.S.C. 80a-l et seq.). (c) The ownership interests of members in a risk retention group shall not be considered securities for purposes of any State blue slqr law. Approved September 25, 1981.

LEGISLATIVE HISTORY—H.R. 2120 (S. 1096): HOUSE REPORT No. 97-190 (Comm. on Energy and eommerce). SENATE REPORT No. 97-172 accompanying S. 1096 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): July 28, considered and passed House. Sept. 11, considered and passed Senate in lieu of S. 1096. WEEKLY eOMPILATION OF PRESIDENTIAL DOOUMENTS, Vol. 17, No. 39 (1981): Sept. 25, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/979

 PUBLIC LAW 97-46—SEPT. 25, 1981

95 STAT. 953

Public Law 97-46 97th Congress An Act To enable the Secretary of Agriculture to assist, on an emeigency basis, in the eradication of plant pests and contagious or infectious animal and poultry

Sept. 25, 1981 [H.R. 4416]

Be it enacted by the Senate and House of Representatives of the Plant United States of America in Congress assembled. That, the Secretary pests and of Agriculture may, in connection with emergencies which threaten and animal any segment of the agricultural production industry of this countiy, poultry diseases, eradication. transfer from other appropriations or funds available to the agencies,7 USC 147b. or corporations of theDepartment of Agriculture such sums as the Secretary may deem necessary, to be av£ulable only in such emergencies for the arrest and eradication of plant pests or contagious or infectious diseases of animals or poultry, and for esroenses in accordance with section 102 of the Act of September 21, 1944, as amended (7 U.S.C. 147a), and the Act of February 28, 1947, as amended (21 U.S.C. 114b). SEC. 2. The provisions of this Act shall become effective upon Effective date. 7 USC 147b note. enactment. Approved September 25, 1981.

LEGISLATIVE HISTORY—H.R. 4416: CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 9, considered and passed House. Sept. 11, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/980

 95 STAT. 954

PUBLIC LAW 97-47—SEPT. 30, 1981 Public Law 97-47 97th Congress An Act

Sept. 30, 1981 [H.R. 2903]

Defense Production Act extension 94 Stat. 633.

TQ extend by one year the expiration date of the Defense Production Act of 1950.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) Is amended by striking out "September 30, 1981" ^J^d inserting in lieu thereof "September 30, 1982". GOLD COMMISSION EXTENSION

94 Stat. 1555.

SEC. 2. Section 10(b) of Public Law 96-389 (31 U.S.C. 822a note) is amended by striking out "one year after the date of enactment of this Act" and inserting in lieu thereof "March 31, 1982". Approved September 30, 1981.

LEGISLATIVE HISTORY—H.R. 2903 (S. 1135): HOUSE REPORT No. 97-48 (Comm. on Banking, Finance, and Urban Affairs). SENATE REPORT No. 97-93 accompanying S. 1135 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): July 13, considered and passed House. Sept. 22, considered and passed Senate, amended, in lieu of S. 1135. Sept. 24, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 95.djvu/981

 PUBLIC LAW 97-48—SEPT. 30, 1981

95 STAT. 955

Public Law 97-48 97th Congress Joint Resolution To provide for a temporary increase in the public debt limit.

Sept. 30, 1981 [H.J. Res. 266]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That during the period Public debt limit. beginning on the date of the enactment of this Act and ending on ic e a g^^^ f™^° September 30, 1981, the public debt limit set forth in the first 31 USC 757b sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) note. shall be temporarily increased by $599,800,000,000. Approved September 30, 1981.

LEGISLATIVE HISTORY—H.J. Res. 266: CONGRESSIONAL RECORD, Vol. 127 (1981): May 21, considered and passed House. Sept. 29, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/982

 95 STAT. 956

PUBLIC LAW 97-49—SEPT. 30, 1981 Public Law 97-49 97th Congress Joint Resolution

Sept. 30, 1981 [H.J. Res. 265]

i» provide for a temporary increase in the public debt limit. jQ

Resolved by the Senate and House of Representatives of the United Public debt limit. States of America in Congress assembled, That during the period hfS?''^ beginning on October 1, 1981, and ending on September 30, 1982, the 31 USC 757b public debt limit set forth in the first sentence of section 21 of the note. Second Liberty Bond Act (31 U.S.C. 757b) shall be temporarily increased by $679,800,000,000. Approved September 30, 1981.

LEGISLATIVE HISTORY—H.J. Res. 265: CONGRESSIONAL RECORD, Vol. 127 (1981): May 21, considered and passed House. Sept. 25, 28, 29, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/983

 PUBLIC LAW 97-50—SEPT. 30, 1981

95 STAT. 957

Public Law 97-50 97th Congress An Act To extend the expiration date of section 252 of the Energy Policy and Conservation Act.

Sept. 30, 1981 [S. 1475]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 252(j) of Energy Policy the Energy Policy and Conservation Act (42 U.S.C. 6272(j)) is conservation amended by striking "September 30, 1981" and inserting in its place Act "April 1, 1982".

Approved September 30, 1981.

LEGISLATIVE HISTORY—S. 1475: SENATE REPORT No. 97-254 (Coram, on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 22, considered and passed Senate. Sept. 29, considered and passed House.

amendment. Ante, p. 7.

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Page:United States Statutes at Large Volume 95.djvu/984

 95 STAT. 958

PUBLIC LAW 97-51—OCT. 1, 1981 Public Law 97-51 97th Congress Joint Resolution

Oct. 1, 1981 [H.J. Res. 325]

Continuing fo^fScar^eaS-^ 1982^^ a y ar

22 USC 2680. 22 USC 1476.

Making continuing appropriations for the fiscal year 1982, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1982, and for other purposes, namely: SEC. 101. (a)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1981 and for which appropriations, funds, or other authority would be available in the following appropriations Acts: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1982, notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956 and section 701 of the United States Information and Educational Exchange Act of 1948, as amended; District of Columbia Appropriation Act, 1982; Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1982; Agriculture, Rural Development, and Related Agencies Appropriation Act, 1982; Energy and Water Development Appropriation Act, 1982; Department of the Interior and Related Agencies Appropriation Act, 1982; Treasury, Postal Service and General Government Appropriation Act, 1982; Military Construction Appropriation Act, 1982; and Department of Transportation and Related Agencies Appropriation Act, 1982. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed the House as of October 1, 1981, is different from that which would be available or granted under such Act as passed by the Senate as of October 1, 1981, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority: Provided, That where an item is included in only one version of an Act as passed by both Houses as of October 1, 1981, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriation Acts for the fiscal

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Page:United States Statutes at Large Volume 95.djvu/985

 PUBLIC LAW 97-51—OCT. 1, 1981 year 1981: Provided further, That for the purposes of this joint resolution, when an Act listed in this subsection, with the exception of the Department of the Interior and Related Agencies Appropriation Act, 1982, has been reported to a House but not passed by that House as of October 1, 1981, it shall be deemed as having been passed by that House: Provided further. That funds which would be available under H.R. 4121, entitled the Treasury, Postal Service and General Government Appropriation Act, 1982, for the Government payment of annuitants and employees health benefits, shall be available under the authority and conditions set forth in H.R. 4121 as reported to the Senate on September 22, 1981. (4) Whenever an Act listed in this subsection has been passed by only one House as of October 1, 1981, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriation Acts for the fiscal year 1981. (5) No provision which is included in an appropriation Act enumerated in this subsection but which was not included in the applicable appropriation Act of 1981, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in the joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate. (b) Such amounts as may be necessary for continuing the following activities, not otherwise provided for, which were conducted in the fiscal year 1981, at a rate for operations not in excess of the current rate or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority— activities for which provision was made in the Department of Defense Appropriation Act, 1981; and activities for which provision was made in section 101(b) of Public Law 96-536 regarding foreign assistance and related programs, notwithstanding section 10 of Public Law 91-672, and section 15(a) of the State Department Basic Authorities Act of 1956. (c) Notwithstanding the provisions of sections 102 and 106 of this joint resolution, such amounts as may be necessary for continuing projects and activities under all the conditions and to the extent and in the manner as provided in H.R. 4120, entitled the Legislative Branch Appropriation Act, 1982, as reported July 9, 1981; and the provisions of H.R. 4120 shall be effective as if enacted into law; except that the provisions of section 305(a), (b), and (d) of H.R. 4120 shall apply to any appropriation, fund or authority made available for the period October 1, 1981, through November 20, 1981, by this or any other Act. Notwithstanding the provisions of sections 102 and 106 of this joint resolution, for continuing projects and activities for which disbursements are made by the Secretary of the Senate, the amounts set forth under the following appropriation account headings for fiscal year 1982: Under the heading "COMPENSATION AND MILEAGE OP THE VICE PRESIDENT AND SENATORS", $6,932,000; Under the heading "EXPENSE ALLOWANCES OF THE VICE PRESIDENT, THE PRESIDENT PRO TEMPORE, MAJORITY AND MINORITY LEADERS, AND MAJORITY AND MINORITY WHIPS": For expense allowances of the Vice President, $10,000;

President Pro Tempore of the Senate, $10,000; M^'ority Leader of the

95 STAT. 959

94 Stat. 3068. 94 Stat. 3166. 22 USC 2412. 22 USC 2680.

5 USC 5318 note.

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Page:United States Statutes at Large Volume 95.djvu/986

 95 STAT. 960

PUBLIC LAW 97-51—OCT. 1, 1981 Senate, $10,000; Minority Leader of the Senate, $10,000; Majority Whip of the Senate, $2,500; and Minority Whip of the Senate, $2,500; in all, $45,000; under the headings "SALARIES, OFFICERS AND EMPLOYEES", "OFFICE OF THE VICE PRESIDENT", $945,000; "OFFICE OF THE PRESIDENT PRO TEMPORE", $126,000; "OFFICES OF THE MAJORITY AND MINORITY LEADERS", $566,100; "FLOOR ASSISTANTS TO THE MAJORITY AND MINORITY LEADERS", $ 1 0 9, 0 0 0; "OFFICES OF THE MAJORITY AND MINORITY W H I P S ", $264,600; "OFFICES O F THE SECRETARIES OF THE

CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY", $143,100; "OFFICE OF THE C H A P L A I N ", $76,640; " OFFICE O F THE SECRETARY", $4,990,000; "CONFERENCE COMMITTEES", $415,350 for each such committee; in all, $830,700; "ADMINISTRATIVE, CLERICAL, AND LEGISLATIVE ASSISTANCE TO SENATORS", $86,016,000; " OFFICE O F SERG E A N T AT ARMS AND DOORKEEPER", $23,399,000; "OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY", $588,000; "AGENCY CONTRIBUTIONS AND LONGEVITY AND MERIT COMPENSATION", $13,731,000; under the heading "OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE", $1,020,600; under the heading "OFFICE OF SENATE LEGAL COUNSEL", $495,000; under the heading SENATE PROCEDURE"

for compiling, preparing, and editing "Senate Procedure", 1980 edition, $5,000, to be paid to Floyd M. Riddick, Parliamentarian Emeritus of the Senate; under the headings "CONTINGENT EXPENSES OF THE SENATE", "SENATE POLICY COMMITTEES", $761,850 for each such committee; in all, $1,523,700; "AUTOMOBILES AND MAINTENANCE", $75,000; "INQUIRIES AND INVESTIGATIONS", $41,224,500; "FOLDING DOCUMENTS", a t a gross rate of not exceeding $5.15 per hour per person, $128,000; "MISCELLANEOUS ITEMS", $32,569,168; "POSTAGE STAMPS", for postage stamps for the offices of the Secretaries for the Majority and Minority, $600; Chaplain, $300; and for special delivery postage for the Office of the Secretary, $6,000; Office of the Sergeant at Arms and Doorkeeper, $500; and the President of the Senate, as authorized by law, $1,600; in all, $9,000; "STATIONERY (REVOLVING FUND)", for stationery for the President of the Senate, $4,500, and for committees and officers of the Senate, $38,500; in all, $43,000. For purposes of this subsection, H.R. 4120, as reported July 9, 1981, shall be treated as appropriating the following amounts: Under the headings "JOINT ITEMS", "CONTINGENT EXPENSES OF THE SENATE", "JOINT ECONOMIC COMMITTEE", $2,250,000; "JOINT COMMITTEE ON PRINTING", $816,000; "CONTINGENT EXPENSES OF THE HOUSE", "JOINT COMMITTEE ON TAXATION", $2,967,000; "OFFICE OF THE ATTENDING PHYSICIAN", $603,000; "CAPITOL POLICE", "GENERAL EXPENSES", $887,000; "EDUCATION OF PAGES", $244,000; "OFFICIAL MAIL COSTS", $75,095,000; "CAPITOL GUIDE SERVICE", $734,000; "STATEMENTS OP APPROPRIATIONS", $13,000; under the headings "OFFICE OF TECHNOLOGY ASSESSMENT", "SALARIES AND EXPENSES", $12,019,000; under the headings "CONGRESSIONAL BUDGET OFFICE", "SALARIES AND EXPENSES", $12,868,000; under the headings "ARCHITECT OF THE CAPITOL", "OFFICE OF THE ARCHITECT OF THE CAPITOL", "SALARIES", $3,760,000; "CONTINGENT EXPENSES", $210,000; "CAPITOL BUILDINGS AND GROUNDS", "CAPITOL BUILDINGS", $10,100,000 of which $1,767,000 shall remain available until expended; "CAPITOL GROUNDS", $2,430,000 of which $10,000 shall remain available until expended; "SENATE OFFICE BUILDINGS",

$14,851,000, of which $2,600,000 shall remain available until expended; "SENATE GARAGE", $99,000; "CAPITOL POWER PLANT", $20,916,000, of which $1,290,000 shall remain available until expended; under the headings "LIBRARY OF CONGRESS", "CONGRESSIONAL RESEARCH SERVICE", "SALARIES AND EXPENSES", $30,000,000; under the headings

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Page:United States Statutes at Large Volume 95.djvu/987

 PUBLIC LAW 97-51—OCT. 1, 1981

95 STAT. 961

"GOVERNMENT PRINTING OFFICE", "CONGRESSIONAL PRINTING AND BINDING", $84,843,000; under the headings "BOTANIC GARDEN", "SALARIES AND EXPENSES", $2,311,000; under the headings "LIBRARY OF CONGRESS", "SALARIES AND EXPENSES", $111,989,000; "COPYRIGHT OFFICE", "SALARIES AND EXPENSES", $9,123,000; "BOOKS FOR THE BUND AND PHYSICALLY HANDICAPPED", "SALARIES AND EXPENSES", $33,221,000; "COLLECTION AND DISTRIBUTION OF LIBRARY MATERIALS (SPECIAL FOREIGN CURRENCY PROGRAM)", $4,405,000; "FURNITURE AND FURNISHINGS", $1,089,000; under the headings "ARCHITECT OF THE CAPITOL", "LIBRARY BUILDINGS AND GROUNDS", "STRUCTURAL AND MECHANICAL CARE", $8,715,000; under the headings "COPYRIGHT ROYALTY TRIBUNAL", "SALARIES AND EXPENSES", $400,000; under the headings "GOVERNMENT PRINTING OFFICE", "PRINTING AND BINDING", $17,888,000; "OFFICE OF SUPERINTENDENT OF DOCUMENTS", "SALARIES AND EXPENSES", $27,120,000; under the headings "GENERAL ACCOUNTING OFFICE", "SALARIES AND EXPENSES", $229,300,000.

(d) Such amounts as may be necessary for continuing the following activities which were conducted in fiscal year 1981, but at a rate for operations not in excess of the current rate— activities of the Department of State for contributions to the United Nations Relief and Works Agency for Palestinian Refugees notwithstanding section 10 of Public Law 91-672, and 22 USC 2412. section 15(a) of the State Department Basic Authorities Act of 1956.

22 USC 2680.

(e) Notwithstanding any other provision of this joint resolution, except section 102, such amounts as may be necessary for projects or activities provided for in the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1982 (H.R. 4034), at a rate of operations and to the extent and in the manner provided for in the conference report and joint explanatory statement of the Committee of Conference (H. Rept. No. 97-222) filed in the House of Representatives on September 11, 1981, as if such Act had been enacted into law. SEC. 102. Appropriations and funds made available and authority Appropriation granted pursuant to this joint resolution shall be available from ^"^ fablm^^ October 1, 1981, and shall remain available until (a) enactment into ^^^^ ^ 11 y. law of an appropriation for any project or activity provided for in this joint resolution, or Ob) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) November 20, 1981, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in section 665(d)(2) of title 31, United States Code, but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds. SEC. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such projects or activity are available under this joint resolution. SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or

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Page:United States Statutes at Large Volume 95.djvu/988

 95 STAT. 962

Emergency authority to USDA Secretary.

Post, p, 1467.

Economic Development Representatives.

93 Stat. 113. Effective date. 2 USC 60c-l note.

PUBLIC LAW 97-51—OCT. 1, 1981 resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1981. SEC. 107. Any appropriation for the fiscal year 1982 required to be apportioned pursuant to section 665 of title 31, United States Code, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed witmn available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit pa^onent of such pay increases as may be granted pursuant to law to civilian ofRcers and employees and to active and retired militaiv personnel. Each such appropriation shall otherwise be subject to the requirements of section 665 of title 31, United States Code. SEC. 108. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution for the purposes of maintaining the mmimum level of essential activities necessary to protect life and property and bringing about orderly termination of other functions are hereb;y ratified and confirmed if otherwise in accord£ince with the provisions of this joint resolution. SEC. 109. No provision in any appropriation Act for the fiscal year 1982 that meikes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation shall be effective before the date set forth in section 102(c) of thisjoint resolution. SEC. 110. To meet the emergency facing a number of fruit producing States, particularly California, from the Mediterranean and other types of fruit flies, as well as the immediate and long-range threat to the timber stands and the watersheds of the Northeastern United States and other areas from the g3psy moth, as well as to meet threats from other pests and diseases, the Secretary of Agriculture is authorized to exercise the emergency authorities provided for in H.R. 4119 as passed the House of Representatives on July 27, 1981, in connection with the program of the Animed and Plant Health Inspection Service, notwithstanding any other provision of this joint resolution. SEC. IIOA. Notwithstanding any other provision of this joint resolution or any other law, there shall be forty-seven permanent positions designated as Economic Development Representatives out of the total number of permanent positions funded in the Salaries and Expenses account of the Economic Development Administration for fiscal year 1982, and such positions shall be maintained in the various States within the approved organizational structure in place on June 1, 1981, and where possible, with those employees who filled those positions on that date. SEC. 111. (a) The first section of the joint resolution relating to the payment of salaries of employees of the Senate, approved April 20, 1960 (Public Law 86-426, first section; 2 U.S.C. 60c-l), is amended— (1) in the first sentence, by striking out clause (1), (2) in the second sentence, by inserting "purposes of the Internal Revenue Code of 1954 and for" immediately after "For", and (3) by striking out the last sentence thereof (as added by section 108 of the Supplemental Appropriations Act, 1979 (Public Law 96-38, sec. 108)). (b) The amendments made by subsection (a) shall be effective in the case of compensation payable for months after December 1982. SEC. 112. (a) The first sentence of the first section of the joint resolution relating to the payment of salaries of employees of the Senate, approved April 20, 1960 (Public Law 86-426; 2 U.S.C. 60c-l), is

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Page:United States Statutes at Large Volume 95.djvu/989

 PUBLIC LAW 97-51—OCT. 1, 1981 amended by striking out "Officers (other than Senators) and employees" and inserting in lieu thereof "Senators and officers and employees". (b)(1) The second paragraph under the heading "SENATE" of the Act entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-four, and for other purposes" (approved March 3, 1883, c. 143,22 Stat. 632) is repealed. (2) The eighth paragraph under the heading "SENATE" of the Deficiency Appropriation Act, fiscal year 1934 (approved June 19, 1934, c. 648, title 1, sec. 1, 48 Stat. 1022; 2 U.S.C. 33) is amended by striking out "monthly". (c) On and after the effective date of the amendments and repeals made by this section, section 39 of the Revised Statutes (2 U.S.C. 35) shall not be construed as being applicable to a Senator. (d) Section 40 of the Revised Statutes (2 U.S.C. 39) is amended by inserting "(or other periodic payments authorized by law)" immediately after "monthly pa3mients". (e) The amendments and repeals made by this section shall be effective in the case of compensation payable for months after December 1981. SEC. 113. Hereafter, the Secretary of the Senate as Disbursing Officer of the Senate is authorized to make such transfers between appropriations of funds available for disbursement by him for fiscal year 1982, as he deems appropriate, subject to the customary reprograming procedures of the Committee on Appropriations of the Senate. SEC. 114. Effective October 1, 1981, all statutory positions in the Office of the Secretary (other than the positions of the Secretary of the Senate, Assistant Secretary of the Senate, Parliamentarian, Financial Clerk, and Director of the Office of Classified National Security Information) are abolished, and in lieu of the positions hereby abolished the Secretary of the Senate is authorized to establish such number of positions as he deems appropriate and appoint and fix the compensation of employees to fill the positions so established; except that the annual rate of compensation payable to any employee appointed to fill any position established by the Secretary of the Senate shall not, for any period of time, be in excess of $1,000 less than the annual rate of compensation of the Secretary of the Senate for that period of time; and except that nothing in this section shall be construed to affect any position authorized by statute, if the compensation for such position is to be paid from the contingent fund of the Senate. SEC. 115. Effective October 1, 1981, section 105 of the Legislative Branch Appropriation Act, 1979 (2 U.S.C. 72a note) is reenacted with the following amendments— (1) in subsection (a), strike out "October 1, 1978, and ending on December 31, 1980," and insert in lieu thereof "October 1, 1981, and ending September 30, 1986,", and (2) at the end thereof add the following new subsection: "(e) All records, documents, and data in the office for which funds were made available under Senate Resolution Numbered 570, Ninety-sixth Congress, are transferred to the Office established by subsection (a).". SEC. 116. Effective October 1, 1981, all statutory positions in the Office of the Sergeant at Arms and Doorkeeper of the Senate (other than the positions of the Sergeant at Arms and Doorkeeper of the Senate, Deputy Sergeant at Arms and Doorkeeper, and Administra-

95 STAT. 963

2 USC 33.

2 USC 35a.

Effective date. ^ ^se 33 note. 2 USC 64-2 "°*®

2 USC 6ia-ii.

2 USC 6if-7.

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Page:United States Statutes at Large Volume 95.djvu/990

 95 STAT. 964

PUBLIC LAW 97-51—OCT. 1, 1981

tive Assistant) are abolished, and in lieu of the positions hereby abolished the Sergeant at Arms and Doorkeeper of the Senate is authorized to establish such number of positions as he deems appropriate and appoint and fix the compensation of employees to fill the positions so established; except that the annual rate of compensation payable to any employee appointed to fill any position established by the Sergeant at Arms and Doorkeeper of the Senate shall not, for any period of time, be in excess of $1,000 less than the annual rate of compensation of the Sergeant at Arms and Doorkeeper of the Senate for that period of time; and except that nothing in this section shall be construed to affect any position authorized by statute, if the compensation for such position is to be paid from the contingent fund of the Senate. 2 USC 6if-8. SEC. 117. For each fiscal year 0>eginning with the fiscal year which ends September 30, 1982), the Sergeant at Arms and Doorkeeper of the Senate is hereby authorized to expend from the contingent fund of the Senate an amount not to exceed $60,000 for: (1) the procurement of individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate with the prior consent of the Committee on Rules and Administration; and (2) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, use on a reimbursable basis (with reimbursement payable at the end of each calendar quarter for services rendered during such quarter) of the services of personnel of any such department or agency. Payments made under this section shall be made upon vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate. SEC. 118. Section 103 of the Legislative Branch Appropriation Act, 1978 (2 U.S.C. 59c) is amended to read as follows: "SEC. 103. Effective October 1, 1981, the Sergeant at Arms and Doorkeeper of the Senate is authorized to dispose of used or surplus furniture and equipment by trade-in or by sale directly or through the General Services Administration. Receipts from the sale of such furniture and equipment shall be deposited in the United States Treasury for credit to the appropriation for 'Miscellaneous Items' under the heading 'Contingent Expenses of the Senate*.". 2 USC 65c. SEC. 119. (a) Notwithstanding any other provision of law, there is hereby established an account, within the Senate, to be known as the "Expense Allowance for the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate and Secretaries for the Majority and for the Minority, of the Senate" (hereinafter in this section referred to as the "Expense Allowance"). For each fiscal year (commencing with the fiscal year ending September 30, 1981) there shall be available from the Expense Allowance an expense allotment not to exceed $2,000 for each of the above specified officers. Amounts paid from the expense allotment of any such officer shall be paid to him only as reimbursement for actual expenses incurred by him and upon certification and documentation by him of such expenses. Amounts paid to any such officer pursuant to this section shall not be reported as income and shall not be allowed as a deduction under the Internal 26 USC 1 et seq. Revenue Code of 1954. Qo) For the fiscal year ending September 30, 1981, and the succeeding fiscal year, the Secretary of the Senate shall transfer, for each such year, $8,000 to the Expense Allowance from "Miscellaneous

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Page:United States Statutes at Large Volume 95.djvu/991

 PUBLIC LAW 97-51—OCT. 1, 1981

95 STAT. 965

Items" in the contingent fund of the Senate. For the fiscal year ending September 30, 1983, and for each fiscal year thereafter, there are authorized to be appropriated to the Expense Allowance such fUnds as may be necessary to carry out the provisions of subsection (a) of this section. SEC. 120. For each fiscal year (beginning with the fiscal year which ends September 30, 1982) there is authorized to be expended from the contingent fund of the Senate an amount, not in excess of $30,000, for the Conference of the Majority and an e^ual amount for the Conference of the Minority. Payments under this section shall be made only for expenses actually incurred by such a Conference in carrying out its functions, and shall be made upon certification and documentation of the expenses involved, by the Chairman of the Conference claiming payment hereunder and upon vouchers approved by such Chairman and by the Committee on Rules and Administration. SEC. 121. Notwithstanding the provisions of this joint resolution or any other provision of law, effective October 1, 1981, the compensation of the Chaplain of the Senate shall be $52,750 in lieu of $40,110. SEC. 122. Subsection (c) of section 506 of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(c)) is repealed effective January 1, 1982. SEC. 123. For the purposes of this joint resolution section 304 of H.R. 4120 shall be deemed to read as follows: "SEC. 304. (a) Subsections (c) and (d) of section 491 of the Legislative Reorganization Act of 1970 (Public Law 91-510; 2 United States Code 88b-l (c) and (d)) are repealed. "(b) Section 303 of the Supplemental Appropriations Act, 1979 (Public Law 96-38) is repealed.''. SEC. 124. For the purposes of this joint resolution in applying section 305(c) of H.R. 4120, the term "20 per centum" shall be substituted for "25 per centum". SEC. 125. The first sentence of section 110(a) of the Supplemental Appropriations and Rescission Act, 1981 (Public Law 97-12) is amended by inserting immediately before the period at the end thereof the following:; except that the total amount so transferred fix)m any such balance remaining as of the close of the fiscal year 1982 shall not exceed an amount equal to $15,000 or 25 per centum of the amount of such Senator's Official Office Expense Account, whichever is greater, as determined under section 506(b)(l) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(b)(l)), for the calendar year 1982". SEC. 126. The second proviso of the paragraph of section 101 of the Legislative Branch Appropriation Act, 1974, which appears under the heading "COMMTTTEE EMPLOYEES" (87 Stat. 529; 2 U.S.C. 68-1) is amended by striking out "one committee employee" and inserting in lieu thereof "the committee Auditor and the committee Assistant Auditor". SEC. 127. (a)(1) The Secretary of the Senate is authorized and directed to procure and furnish each fiscal year (commencing with the fiscal year ending September 30, 1982) to the President of the Senate, upon request by such person. United States special delivery postage stamps in such amount as may be necessary for the mailing of postal matters arising in connection with his official business. (2) That part of the paragraph under the heading "CONTINGENT EXPENSES OF THE SENATE", relating to the procurement of air mail and special delivery postage stamps by the Secretary of the Senate, appearing under the heading "SENATE" in the Le^lative Branch Appropriation Act, 1942, as amended and supplemented (2 U.S.C. 42a), is hereby repealed.

2 USC 61g-6.

2 USC 61d.

Repeal. 2 USC 88b-l note. 5 USC 5348 note.

Ante, p. 62.

2 USC 58b.

Postage allowances for Senate officers. 2 USC 42a.

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Page:United States Statutes at Large Volume 95.djvu/992

 95 STAT. 966 2 USC 6id-2.

Death, resignation, or disability of Sergeant at Arms and Doorkeeper. Designation of successor. 2 USC 61e-3.

2 USC 44ii.

Effective date. 2 USC 31 note.

"Member."

PUBLIC LAW 97-51—OCT. 1, 1981 (b)(1) The Secretary of the Senate is authorized and directed to procure and furnish each fiscal year (commencing with the fiscal year ending September 30, 1982) to the Chaplain of the Senate, upon the request of the Chaplain of the Senate, United States postage stamps in such amounts as may be necessary for the mailing of postal matters arising in connection with his official business. (2) That paragraph of the Second Supplemental Appropriations Act, 1976, with the caption "POSTAGE STAMPS" and relating to postage allowance for the Office of the Chaplain of the Senate, appearing under the heading "SENATE", in the matter preceding section 115 of such Act (2 U.S.C. 61d-2), is hereby repealed. SEC. 128. In the event of the death, resignation, or disability of the Sergeant at Arms and Doorkeeper of the Senate, the Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant at Arms and Doorkeeper of the Senate in carrying out the duties and responsibilities of that office in all matters until such time as a new Sergeant at Arms and Doorkeeper of the Senate shall have been elected and qualified or such disability shall have been ended. For purposes of this section, the Sergeant at Arms and Doorkeeper of the Senate shall be considered as disabled only during such period of time as the Majority and Minority Leaders and the President Pro Tempore of the Senate certify jointly to the Senate that the Sergeant at Arms and Doorkeeper of the Senate is unable to perform his duties. In the event that the Sergeant at Arms and Doorkeeper of the Senate is absent, the Deputy Sergeant at Arms and Doorkeeper shall act during such absence as the Sergeant at Arms and Doorkeeper of the Senate in carrying out the duties and responsibilities of the office in all matters. SEC. 129. Of the unexpended balance of the funds appropriated for the Senate under the appropriation account heading "Salaries, Officers and Employees" for the fiscal year ending September 30, 1980, $1,505,000 is rescinded. SEC. 130. (a) In section 323(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441(a))— (1) strike out all after "shall accept" down to and including "(1) any" and insert "shall accept any"; and (2) strike out all after the word "speech," down to and including "year." and insert "or article.". (b) In section 102(a)(l)(A) of the Ethics in Government Act of 1978 (2 U.S.C. 702 (a)(l)(A)), after the word "source" where it appears the last time in the paragraph insert "including speeches, appearances, articles, or other publications". (c) Effective beginning with fiscal year 1983, and continuing each year thereafter, such sums as hereafter may be necessary for "Compensation of Members" (and administrative expenses related thereto), as authorized by law and at such level recommended by the President for Federal employees for that fiscal year are hereby appropriated from money in the Treasury not otherwise appropriated. Such sums when paid shall be in lieu of any sums accrued in prior years but not paid. For purposes of this subsection, the term "Member" means each Member of the Senate and the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, Guam, Virgin Islands, and American Samoa, and the Vice President. SEC. 131. Sections 111 through 130 and sections 139 through 141 of this joint resolution shall be effective without regard to the provisions of sections 102 and 106 of this joint resolution.

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 PUBLIC LAW 97-51—OCT. 1, 1981 SEC. 132. Effective September 23, 1981, the appropriation "Operations, research, and facilities" of the National Oceanic and Atmospheric Administration for Fiscal Year 1981 is amended by adding purchase (one)," before the words "maintenance, operation, and hire of aircraft". SEC. 133. Notwithstanding any other provision of this joint resolution, such sums as may be necessary shall be available during fiscal year 1982 for close-out expenses of the Community Services Administration. SEC. 134. Notwithstanding any other provision of this joint resolution, none of the appropriations and funds made available and none of the authority granted pursuant to this joint resolution shall be available for payments under section 5(b)(2) of Public Law 81-874. SEC. 135. Notwithstanding any other provision of this joint resolution, for the acquisition and transportation of petroleum for the Strategic Petroleum Reserve such amount as provided in section 101 of this joint resolution shall be pursuant to and in accordance with section 167 of the Energy Policy and Conservation Act of 1975 (Public Law 94-163), as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35). SEC. 136. Notwithstanding any other provision of this joint resolution, the Department of Defense is authorized to obligate and expend not more than $600,000 of the funds provided by this joint resolution to support the Yorktown Bicentennial Celebration and to participate in and support such celebration as would be authorized by the Department of Defense Authorization Act, 1982, as passed by the Senate on May 14, 1981. SEC. 137. Notwithstanding any other provision of law or this joint resolution, $250,000,000 shall be available for loans to be guaranteed under the Rural Pevelopment Insurance Fund for alcohol production facilities to applicants that the Secretary of Agriculture determines are qualified to receive such guarantees, and $93,200,000 shall be available for the Elderly Feeding Program authorized by section 311 of the Older Americans Act. SEC. 138. Notwithstanding any other provision of this joint resolution, $125,000,000 shall be available for expenses necessary for the participation of the United States in a Multinational Force and Observers to implement the Treaty of Peace between Egypt and Israel: Provided, That the facilities constructed by use of these funds shall not be available for participation of United States troops in the Multinational Force and Observers in the Sinai without prior authorization by Congress for the participation of United States troops. SEC. 139. (a) It is the sense of the Congress that the dollar limits on tax deductions for living expenses of Members of Congress while away from home shall be the same as such limits for businessmen and other private citizens. ObXl) The last sentence of section 162(a) of the Internal Revenue Code of 1954 is amended by striking out all after "home" and inserting in lieu thereof a period. (2) Public Law 471, Eighty-second Congress, approved July 9, 1952 (66 Stat. 464), is amended by striking out the proviso in the second aragraph of the matter under the heading '^HOUSE OF REPREENTATIVES, SALARIES, MILEAGE, AND EXPENSES OF MEMBERS" (66 Stat. 467;2 U.S.C.31c). (3) The amendments made by this subsection shall apply to taxable years beginning after December 31, lySl. SEC. 140. None of the funds appropriated in this joint resolution shall be used to fund in excess of 8,037 full-time officers and

95 STAT. 967

Community Services Administration close-out expenses.

20 USC 240.

Ante, p. 619.

42 USC 3030a. Multinational force implementing EgyptianIsraeli peace treaty.

Living expenses of Members of Congress. 26 USC 162 note. 26 USC 162.

S

-194 0—82

63:QL3

Effective date. 26 USC 162 note. Senate employees, funding limitations.

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Page:United States Statutes at Large Volume 95.djvu/994

 95 STAT. 968

Rules and regulations.

Senate office buildings, funding limitation.

PUBLIC LAW 97-51—OCT. 1, 1981 employees of the Senate of the United States and full-time officers and employees in the Office of the Architect of the Capitol who are assigned to the Senate. The Committee on Rules and Administration, in cooperation with the Committee on Appropriations in the Senate, shall establish rules and regulations for the equitable allocation among the offices and committees of the Senate and the Office of the Architect of the Capitol of the total number of full-time officers and employees established by the preceding limitation. SEC. 141. None of the funds appropriated in this joint resolution shall be used for the development, initiation, or implementation of plans, drawings, architectural engineering work, design work, site preparation or acquisition for or the construction of any new Senate office building or addition to existing Senate office buildings. This rovision does not apply to the construction and completion of the hilip A. Hart Senate Office Building currently under construction.

P

Approved October 1, 1981.

LEGISLATIVE HISTORY—H.J. Res. 325: HOUSE REPORT No. 97-223 (Comm. on Appropriations) and No. 97-260 (Comm. of CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 16, considered and passed House. Sept. 24, 25, considered and passed Senate, amended. Sept. 30, House agreed to conference report; receded from its disagreement and concurred with amendments to certain Senate amendments. Senate agreed to conference report; resolved amendments in disagreement. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 40 (1981): Oct. 1, Presidential statement.

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 PUBLIC LAW 97-52—OCT. 2, 1981

95 STAT. 969

Public Law 97-52 97th Congress Joint Resolution To provide for the designation of October 2, 1981, as "American Enterprise Day".

Oct. 2, 1981 [S.J. Res. 78]

Whereas America's enterprise system is a cornerstone in our society; and Whereas that system has produced the highest standard of living m the world; and Whereas that system depends on and rewards individual initiative and innovation; and Whereas American productivity is vital to the world's economy and must be encouraged; and Whereas the continuance and growth of our enterprise siystem depends in large part on the education of America's yoimg men and women concerning that system: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President of the American United States is authorized and requested to issue a proclamation J;nterprise uay. designating October 2, 1981, as "American Enterprise Day" and autiorfzatfon encouraging appropriate Government agencies to foster the recognition of the significance of America's enterprise system on that day. Approved October 2, 1981.

LEGISLATIVE HISTORY—S.J. Res. 78: CONGRESSIONAL RECORD, Vol. 127 (1981): July 17, considered and passed Senate. Sept. 30, considered and passed House.

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 95 STAT. 970

PUBLIC LAW 97-53—OCT. 2, 1981 Public Law 97-53 97th Congress Joint Resolution

Oct. 2, 1981 [S.J. Res. 103]

National Port Week. Designation authorization.

To authorize and request the President of the United States to issue a proclamation designating the seven calendar days beginning October 4, 1981, as "National Port Week".

Whereas the past development of the public ports of the United States is the result of a fruitful partnership in which State and local authorities have assumed major responsibilities for landbased port development with the Federal Government constructing and maintaining the navigable waterways and harbors of the United States; Whereas our Nation's commercial seaports and inland river ports are indispensable to foreign and domestic waterbome commerce and to the economic well-being and national security of the United States; Whereas the maintenance and development of a national network of commercial ports is vital to expanded international trade and to the attainment of a favorable trade balance; Whereas commercial ports serving the waterbome commerce of the United States are responsible for the continued employment of more than one million workers and in 1980 generated a total of $66,000,000,000 in direct and indirect dollar income from gross sales and services to their users; Whereas there is a continuing need to focus public attention upon the value to our Nation of a viable and competitive system of commercial ports; and Whereas the "National Port Week" observance promotes public recognition of the vital role that our ocean and inland ports have played in the economic growth and development of the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and requested to issue a proclamation designating the seven-day period beginning October 4, 1981, as "National Port Week" and to invite the Governors of the several States, the chief officials of local governments, and the people of the United States to observe that week with appropriate ceremonies and activities. Approved October 2, 1981.

LEGISLATIVE HISTORY—S.J. Res. 103: CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 16, considered and passed Senate. Sept. 30, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/997

 PUBLIC LAW 97-54—OCT. 5, 1981

95 STAT. 971

Public Law 97-54 97th Congress Joint Resolution Proclaiming Raoul Wallenberg to be an honorary citizen of the United States, and requesting the President to ascertain from the Soviet Union the whereabouts of Raoul Wallenberg and to secure his return to freedom.

Whereas the United States has conferred honorary citizenship on only one occasion in its more than two hundred years, and honorary citizenship is and should remain an extraordinary honor not lightly conferred nor frequently granted; Whereas during World War II the United States was at war with Hungary,'and had no diplomatic relations with that country; Whereas in 1944 the United States Government through Secretary of State Cordell Hull requested the cooperation of Sweden, as a neutral nation, in protecting the lives of Hungarian Jews facing extermination at the hands of the Nazis; Whereas Raoul Wallenberg agreed to act at the behest of the United States in Hungary, and went to Hungary in the summer of 1944 as Secretary of the Swedish Legation; Whereas Raoul Wallenberg, with extraordinary courage and with total disregard for the constant danger to himself, saved the lives of almost one hundred thousand innocent men, women, and children; Whereas Raoul Wallenberg, with funds and directives supplied by the United States, provided food, shelter, and medical care to those whom he had rescued; Whereas the Soviet Union, in violation of Wallenberg's Swedish diplomatic immunity and of international law, seized him on January 17, 1945, with no explanation ever given for his detention and subsequent imprisonment; Whereas Raoul Wallenberg has been a prisoner in the Soviet Union since 1945; Whereas reports from former prisoners in the Soviet Union, as recent as January 1981, suggest that Raoul Wallenberg is alive; Whereas history has revealed that heroic acts of salvation were tragically rare during the massacre of millions of innocent human beings during World War II; and Whereas the significance of this symbol of man's concern for his fellow man has been tainted by the wall of silence that surrounds the fate of Wallenberg: Now, therefore, be it

Oct. 5, 1981 [S.J. Res. 65]

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Page:United States Statutes at Large Volume 95.djvu/998

 95 STAT. 972 Raoui S r S v u's citizenship.

PUBLIC LAW 97-54—OCT. 5, 1981 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Raoul Wallenberg is proclaimed to be an honorary citizen of the United States of America. SEC. 2. The President is requested to take all possible steps to ascertain from the Soviet Union the whereabouts of Raoul Wallenberg and to secure his return to freedom. Approved October 5, 1981.

LEGISLATIVE HISTORY—S.J. Res. 65 (H.J. Res. 220): HOUSE REPORT No. 97-152, pt. 1, accompanying H.J. Res. 220 (Comm. on Foreign Affairs). SENATE REPORT No. 97-169 (Comm. on Foreign Relations) and (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 127 (1981): Aug. 3, considered and passed Senate. Sept. 22, H.J. Res. 220 considered and passed House; proceedings vacated and S.J. Res. 65 passed in lieu. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 41 (1981): Oct. 5, Presidential statement.

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 PUBLIC LAW 97-55—OCT. 6, 1981 Public Law 97-55 97th Congress

95 STAT. 973

An Act

To convey certain interests in public lands to the city of Angels, California.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. The Secretary of the Interior (hereafter in this Act referred to as the "Secretary") shall convey by quitclaim deed, subject to the conditions in section 3 of this Act, to the city council of the City of Angels, California (hereafter in this Act referred to as the "council"), or, if the council so designates, to a trustee (hereafter in this Act referred to as the "trustee") which the council may designate pursuant to section 8 of this Act, all right, title, and interest, including any future interests described in sections 6 and 7 of this Act, of the United States in and to 601.51 acres of land in Calaveras County, California, further described as Mount Diablo meridian:

Oct. 6, 1981 [H.R. 618] City of Angels, Calif Land conveyance.

Township 3 North, Range 13 East Section 28: Lots 1 and 2, North half southwest quarter, Southwest quarter southwest quarter. Section 29: East half southeast quarter. Section 33: Lots 1 through 4,6,16 through 18, Northwest quarter northwest quarter. Northeast quarter southeast quarter. Section 34: Lot 2, Northwest quarter southwest quarter, including mineral surveys 356, 370, 479, 743, 1245, 1345, 2036, 2682, 3040,3065,3066,3067,3068,3085,3882, and 4449. SEC. 2. The council or the trustee shall notify, within one year after the date of enactment of this Act, all individuals or other legal entities which appear, as of the date of such notice, upon the secured tax rolls of Calaveras County, California, as the owners of lands referred to in the first section of this Act, or of interests in such lands— (a) of the conveyance by the United States of its interests in such lands under the first section of this Act, (b) of the possible defect in the title to such lands or interests resulting from such interests of the United States, (c) of the possible interests in such lands arising out of the mining laws of the United States, and identified pursuant to the operation of section 6 of this Act, and (d) of the opportunity to remedy such defect under this Act. SEC. 3. The conveyance referred to in the first section of this Act shall be made without consideration, but shall be made upon the following conditions:

Notification of owners.

Conveyance conditions.

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 95 STAT. 974

^°^*^-

Unpatented mining claims.

43 USC 1744.

PUBLIC LAW 97-55—OCT. 6, 1981 (a) The council or the trustee shall convey, at any time after two years from enactment of this Act, the interests conveyed to it under the first section of this Act to individuals or other legal entities— (1) which have submitted to the council or the trustee an application for such interests, and (2) which appear, or which are the heirs, successors, or assignees of individuals or other legal entities which appear upon the secured tax rolls of Calaveras County, California, as of July 1, 1978, as the owners of the lands or interests with respect to which such application was submitted. (b) The conveyed property shall remain subject to all encumbrances, if any, existing on the date of enactment of this Act, including easements, servitudes, leases, and rights-of-way, except those encumbrances that are related to interests in mining claims which may be extinguished pursuant to sections 6 and 7 of this Act. (c) Conveyance of the conveyed property shall be conditioned upon and subject to the right of mining claimants whose rights and interests were initiated pursuant to the mining laws prior to entry and patent under the Townsite Act (43 U.S.C. 711 et seq. (repealed)), and who initiate patent procedures pursuant to section 6 of this Act which result in the issuance of a patent under the mining laws. SEC. 4. Any administrative or recording costs incurred with respect to any conveyance made by the council or the trustee under section 3 of this Act shall be borne by the party to whom such conveyance is made. SEC. 5. Any of the interests conveyed under the first section of this Act which do not appear on the secured tax rolls of Calaveras County, California, as of July 1, 1978, shall be conveyed to the council, if held by the trustee, and held or disposed of by the council for the benefit of the City of Angels, California. SEC. 6. (a) Any unpatented mining claim located within those lands described in the first section of this Act recorded pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), for which the claimant has not made application for patent within two years after the date of the enactment of this Act shall be conclusively deemed to be abandoned and shall be void and all interests in such claim shall be deemed to have reverted to the United States for the purpose of this Act: Provided, however. That upon a showing that a mineral survey cannot be completed within said twoyear period, the filing of an application for a mineral survey, which states on its face that it was filed for the purpose of proceeding to patent, shall be acceptable for the patent application purpose of this section if all other applicable requirements under the general mining laws and other laws have been met and if the applicant subsequently prosecutes diligently to completion his application for patent. (b) Final rejection of any patent application filed under section 6 of this Act shall cause to lapse and be void the condition imposed by section 3(c) of this Act in the grant to any person receiving conveyance of lands embracing all or part of the mining claim which was the subject of the rejected patent application. SEC. 7. For the purposes of tnis Act, any unpatented mining claim located within those lands described in the first section of this Act which on the date of enactment of this Act was not recorded pursuant to section 314 of the Federal Land Policy and Management Act of 1976, or which is not maintained by the annual filings required by

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Page:United States Statutes at Large Volume 95.djvu/1001

 PUBLIC LAW 97-55—OCT. 6, 1981

95 STAT. 975

section 314 of said Act, shall be conclusively deemed abandoned and ^^ ^^^ ^'^'^^• shall be void, in accordance with the provisions of section 314 of said Act, and all interests in such claim shall be deemed to have reverted to the United States upon such failure to record or annually file. SEC. 8. The trustee designated by the council pursuant to section 1 Trustee of this Act shall be an individual, residing in Calaveras County, appointment. California, capable under the laws of that State to act in the capacity of trustee. Approved October 6, 1981.

LEGISLATIVE HISTORY—H.R. 618: HOUSE REPORT No. 97-13 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-185 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 127 (1981): Apr. 6, considered and passed House. Sept. 22, considered and passed Senate.

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Author:Karl Friedrich Geldner

Works

 * Metrik des jüngeren Avesta, 1877
 * Studien zum Avesta, 1882
 * Drei Yasht aus dem Zendavesta, 1884
 * Avesta - Die heiligen Bücher der Parsen, in deutsch und englisch, 3 Bände, 1885-1895
 * Avestaliteratur, in: Grundriss der iranischen Philologie, herausgegeben von Kuhn und Geiger
 * Siebenzig Lieder des Rigveda, übersetzt mit A. Kägi, Mit beiträgen von R. Roth. Tübingen 1875
 * Vedische Studien, zusammen mit Pischel; 3 Bände, 1889-1901
 * Der Rigveda in Auswahl, 1907
 * (Language)

title: Author:Karl Friedrich Geldner


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Page:United States Statutes at Large Volume 95.djvu/1002

 95 STAT. 976

PUBLIC LAW 97-56—OCT. 6, 1981 Public Law 97-56 97th Congress

An Act Oct. 6, 1981 [H.R. 2218] National Forest System lands, Nev. Land conveyance.

To direct the Secretary of Agriculture to convey certain National Forest System lands in the State of Nevada, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That notwithstanding any other provision of law, the Secretary of Agriculture is directed to convey to the county of Douglas, Nevada, by quitclaim deed or other appropriate instrument, subject to the provisions of section 2 of this Act, all right, title, and interest of the United States in and to a certain tract of land and improvements thereon described as follows: Township 13 north, range 20 east, Mount Diablo base line and meridian, section 29, lot 3, block 1, north addition, town of Minden, county of Douglas, Nevada, containing 0.34 acre more or less. SEC. 2. The county of Douglas, Nevada, shall, in consideration for the conveyance of the lands described in the first section— (1) convey to the Secretary of Agriculture all right, title, and interest in and to a certain tract of land described as follows: That portion of the northwest quarter southeast quarter of section 8, township 13 north, range 20 east. Mount Diablo meridian, Douglas County, Nevada, beginning at the point on the northerly right-of-way line of Airport Road, said point bears south 7 degrees 35 minutes 52 seconds west, 14,708.02 feet from the northeast comer of section 32, township 14 north, range 20 east. Mount Diablo meridian; thence from the initial point south 89 degrees 43 minutes 16 seconds west along the northerly rightof-way line of said Airport Road 215.00 feet; thence north 0 degrees 16 minutes 44 seconds west, 145.88 feet; thence north 89 degrees 43 minutes 16 seconds east, 215.00 feet; thence south 0 degrees 16 minutes 44 seconds east, 145.88 feet to the point of beginning, containing 0.72 acre, more or less; and (2) construct a warehouse on said tract of land of such design and quality acceptable to the Secretary of Agriculture.

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Page:United States Statutes at Large Volume 95.djvu/1003

 PUBLIC LAW 97-56—OCT. 6, 1981

95 STAT. 977

SEC. 3. The lands acquired by the Secretary of Agriculture by this 1°^y^^, „ Act shall be added to the Toiyabe National Forest and shall be ^lZn administered in accordance with the laws, rules, and regulations, applicable to the National Forest System. Approved October 6, 1981.

LEGISLATIVE HISTORY—H.R. 2218: HOUSE REPORT No. 97-169 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-186 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 127 (1981): July 20, considered and passed House. Sept. 22, considered and passed Senate.

.

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Page:United States Statutes at Large Volume 95.djvu/1004

 95 STAT. 978

PUBLIC LAW 97-57—OCT. 9, 1981 Public Law 97-•57 97th Congress Joint Resolution

Oct. 9, 1981 [H.J. Res. 263]

National Recognition Day for Nurses. Designation authorization.

To designate May 6, 1982, as "National Recognition Day for Nurses".

Whereas nursing women and men have provided significant contributions to the health care of our Nation's citizens of all ages, sex, and creeds for more than one hundred years; Whereas nurses provide care in hospitals, nursing homes, extended care facilities, clinics, rehabilitation hospitals, physicians' offices, private duty nursing, and industrial nursing; Whereas nurses' skills and knowledge provide disease and injury prevention, and aim toward restoration of health; Whereas nurses strive to provide comfort, solace, and education to those entrusted to their care; Whereas nursing is a highly technical, sophisticated, and exacting science: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to designate May 6, 1982, as "National Recognition Day for Nurses", and to call upon the people of the United States to observe such day with appropriate programs, ceremonies, and activities. Approved October 9, 1981.

LEGISLATIVE HISTORY—H.J. Res. 263: CONGRESSIONAL RECORD, Vol. 127 (1981): July 30, considered and passed House. Sept. 25, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1005

 PUBLIC LAW 97-58—OCT. 9, 1981

95 STAT. 979

Public Law 97-58 97th Congress An Act To improve the operation of the Marine Mammal Protection Act of 1972, and for other purposes.

Oct. 9, 1981 [H.R. 4084]

Be it enacted by the Senate and House of Representatives of the Marine Mammal United States of America in Congress assembled, Protection Act of

1972, SECTION 1. OPTIMUM SUSTAINABLE POPULATION. amendment. (a) BASIC AMENDMENT.—Paragraph (8) of section 3 of the Marine

Mammal Protection Act of 1972 (16 U.S.C. 1362(8)) (which Act shall hereafter in this Act be referred to as the "Act of 1972") is repealed. (b) CONFORMING AMENDMENTS.—(1) Section 2(6) of the Act of 1972 (16 U.S.C. 1361(6)) is amended by striking out "optimum carrying capacity" and inserting in lieu thereof "carrying capacity". (2) Section 3 of the Act of 1972 (16 U.S.C. 1362) is further amended— (A) by amending paragraph (1) to read as follows: "(1) The term 'depletion' or 'depleted' means any case in which— "Depletion" or "(A) the Secretary, after consultation with the Marine "depleted." Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under title II of this Act, 16 USC 1401. determines that a species or population stock is below its optimum sustainable population; "(B) a State, to which authority for the conservation and management of a species or population stock is transferred under section 109, determines that such species or stock is below its Post, p. 982. optimum sustainable population; or "(C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species 16 USC 1531 Act of 1973."; (B) by striking out "the optimum carrying capacity of their note. habitat" in paragraph (2) and inserting in lieu thereof "their optimum sustainable population"; (C) by redesignating paragraphs (9) through (15) as paragraphs (8) through (14), respectively; (D) by striking out "optimum carrying capacity" in paragraph (8) (as so redesignated) and inserting in lieu thereof "carrying capacity"; and (E) by amending paragraph (13) (as so redesignated) to read as follows: "(13) The term 'United States' includes the several States, the "United States." District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and Northern Mariana Islands.". SEC. 2. MORATORIUM ON TAKING AND IMPORTING MARINE MAMMALS.

Section 101 of the Act of 1972 (16 U.S.C. 1371) is amended— (1) by amending subsection (a)— (A) by striking out the first four sentences of paragraph (2) and inserting in lieu thereof the following: "(2) Marine mammals may be taken incidentally in the course of com-

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Page:United States Statutes at Large Volume 95.djvu/1006

 95 STAT. 980 16 USC 1374. 16 USC 1373.

16 USC 1531 note.

Notice, publication in Federal Register.

Post, p. 982.

PUBLIC LAW 97-58—OCT. 9, 1981 mercial fishing operations and permits may be issued therefor under section 104 subject to regulations prescribed by the Secretary in accordance with section 103. In any event it shall be the immediate goal that the incidental kill or incidental serious injuiy of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate; provided that this goal shall be satisfied in the case of the incidental taking of marine mammals in the course of purse seine fishing for yellowfin tuna by a continuation of the application of the best marine mammal safety techniques and equipment that are economically and technologically practicable.", (B) by striking out "is classified as belonging to an endangered species or threatened species pursuant to the Endangered Species Act of 1973 or" in paragraph (3)(B), and (C) by adding at the end thereof the following new paragraphs: "(4)(A) During any period of five consecutive years, the Secretary shall allow the incidental, but not the intentional, taking, by citizens of the United States while engaging in commercial fishing operations, of small numbers of marine mammals of a species or population stock that is not depleted if the Secretary, after notice and opportunity for public comment— "(i) finds that the total of such taking during such five-year period will have a negligible impact on such species or stock; and "(ii) provides guidelines pertaining to the establishment of a cooperative system among the fishermen involved for the monitoring of such taking. "(B) The Secretary shall withdraw, or suspend for a time certain, the permission to take marine mammals under subparagraph (A) if the Secretary finds, after notice and opportunity for public comment, that— "(i) the taking allowed under subparagraph (A) is having more than a negligible impact on the species or stock concerned; or "(ii) the policies, purposes and goals of this Act would be better served through the application of this title without regard to this subsection. Sections 103 and 104 shall not apply to the taking of marine mammals under the authority of this paragraph. "(5)(A) Upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) within a specified geographical region, the Secretary shall allow, during periods of not more than five consecutive years each, the incidental, but not intentional, taking by citizens while engaging in that activity within that region of small numbers of marine mammals of a species or population stock that is not depleted if the Secretary, after notice (in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the coastal areas that may be affected by such activity) and opportunity for public comment— "(i) finds that the total of such taking during each five-year (or less) period concerned will have a negligible impact on such species or stock and its habitat, and on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b) or section 109(f); and "(ii) prescribes regulations setting forth— (I) permissible methods of taking pursuant to such activity, and other means of effecting the least practicable

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Page:United States Statutes at Large Volume 95.djvu/1007

 PUBLIC LAW 97-58—OCT. 9, 1981 adverse impact on such species or stock and its habitat, pa3ring particular attention to rookeries, mating grounds, and areas of similar significance; and "(ID requirements pertaining to the monitoring and reporting of such taking. "(B) The Secretary shall withdraw, or suspend for a time certain (either on an individual or class basis, as appropriate) the permission to take marine mammals under subparagraph (A) pursuant to a specified activity within a specified geographical region if the Secretary finds, after notice and opportunity for public comment (as required under subparagraph (A) unless subparagraph (C)(i) applies), that— "(i) the regulations prescribed under subparagraph (A) regarding methods of taking, monitoring, or reporting are not being substantially complied with by a person engaging in such activity; or "(ii) the taking allowed under subparagraph (A) pursuant to one or more activities within one or more regions is having, or may have, more than a negligible impact on the species or stock concerned. "(C)(i) The requirement for notice and opportunity for public comment in subparagraph (B) shall not apply in the case of a suspension of permission to take if the Secretary determines that an emergency exists which poses a significant risk to the well-being of the species or stock concerned. "(ii) Sections 103 and 104 shall not apply to the taking of marine mammals under the authority of this paragraph."; and (2) by amending subsection (b)— (A) by amending the matter preceding paragraph (1) to read as follows: Except as provided in section 109, the provisions of this Act shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking—", and (B) by amending paragraph (1) to read as follows: "(1) is for subsistence purposes; or".

95 STAT. 981

Emergency situation.

je use 1373, ^^"^ Post, p. 982.

SEC. 3. PROHIBITIONS AND PENALTIES.

(a) PROHIBITIONS.—(1) Section 102(a) of the Act of 1972 (16 U.S.C. 1372(a)) is amended— (A) by inserting "109," immediately after "104," in the matter preceding paragraph (1); (B) by redesignating paragraph (4) as paragraph (5); and (C) by striking out paragraph (3) and inserting in lieu thereof the following: "(3) for any person, with respect to any marine mammal taken in violation of this title, to possess that mammal or any product from that mammal; "(4) for any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product; and". (2) Section 102(b)(3) of such Act is amended by striking out "or which has been listed as an endangered species or threatened species pursuant to the Endangered Species Act of 1973". 16 USC I53i (3) Section 102(d)(1) of such Act is amended by striking out "or "^^'^ endangered".

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Page:United States Statutes at Large Volume 95.djvu/1008

 95 STAT. 982

PUBLIC LAW 97-58—OCT. 9, 1981 (b) PENALTIES.—Section 105(a) of the Act of 1972 (16 U.S.C. 1375(a)) is amended by inserting "(1)" immediately after "(a)" and by inserting at the end thereof the following new paragraph: '(2) In any case involving an alleged unlawful importation of a marine mammal or marine mammal product, if such importation is made by an individual for his own personal or family use (which does not include importation as an accommodation to others or for sale or other commercial use), the Secretary may, in lieu of instituting a proceeding under paragraph (1), allow the individual to abandon the mammal or product, under procedures to be prescribed by the Secretary, to the enforcement officer at the port of entry.". SEC. 4. STATE MANAGEMENT. (a) TRANSFER OF MANAGEMENT AUTHORITY.—Section 109 of the Act

of 1972 (16 U.S.C. 1379) is amended— (1) by redesignating subsections (c) and (d) as subsections (k) and (1), respectively; and (2) by striking out subsections (a) and (b) and inserting in lieu thereof the following: "SEC. 109. (a) No State may enforce, or attempt to enforce, any State law or regulation relating to the taking of any species (which term for purposes of this section includes any population stock) of marine mammal within the State unless the Secretary has transferred authority for the conservation and management of that species (hereinafter referred to in this section as 'management authority') to the State under subsection (b)(1). State "(b)(1) Subject to paragraph (2) and subsection (f), the Secretary conservation and shall transfer management authority for a species of marine wn^fm™^" mammal to a State if the Secretary finds, after notice and opportuprograms. nity for public comment, that the State has developed and will implement a program for the conservation and management of the species that— "(A) is consistent with the purposes, policies, and goals of this Act and with international treaty obligations; "(B) requires that all taking of the species be humane; "(C) does not permit the taking of the species unless and until— "(i) the State has determined, under a process consistent with the standards set forth in subsection (c)— "(I) that the species is at its optimum sustainable population (hereinafter in this section referred to as 'OSP'), and "(II) the maximum number of animals of that species that may be taken without reducing the species below its OSP, and "(ii) the determination required under clause (i) is final and implemented under State law, and, if a cooperative allocation agreement for the species is required under subsection (d)(1), such an agreement is implemented; "(D) does not permit the taking of a number of animals of the species that exceeds the maximum number determined pursuant to subparagraph (C)(i)(II), and, in the case of taking for subsistence uses (as defined in subsection (f)(2)), does not permit the taking of a number of animals that would be inconsistent with the maintenance of the species at its OSP; "(E) does not permit the taking of the species for scientific research and public display purposes, except for taking for such purposes that is undertaken by, or on behalf of, the State;

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Page:United States Statutes at Large Volume 95.djvu/1009

 PUBLIC LAW 97-58—OCT. 9, 1981 "(F) provides procedures for acquiring data, and evaluating such data and other new evidence, relating to the OSP of the species, and the maximum take that would maintain the species at that level, and, if required on the basis of such evaluation, for amending determinations under subparagraph (C)(i); "(G) provides procedures for the resolution of differences between the State and the Secretary that might arise during the development of a cooperative allocation agreement under subsection (d)(1); and "(H) provides for the submission of an annual report to the Secretary regarding the administration of the program during the reporting period. "(2) During the period between the transfer of management authority for a species to a State under paragraph (1) and the time at which the implementation requirements under paragraph (l)(C)(ii) are complied with— "(A) the State program shall not apply with respect to the taking of the species within the State for any purpose, or under any condition, provided for under section 101; and (B) the Secretary shall continue to regulate, under this title, all takings of the species within the State. "(3) After the determination required under paragraph (l)(C)(i) regarding a species is final and implemented under State law and after a cooperative allocation agreement described in subsection (d)(1), if required, is implemented for such species— "(A) such determination shall be treated, for purposes of applying this title beyond the territory of the State, as a determination made in accordance with section 103 and as an applicable waiver under section 101(a)(3); "(B) the Secretary shall regulate, without regard to this section other than the allocations specified under such an agreement, the taking of the species— "(i) incidentally in the course of commercial fishing operations (whether provided for under section 101(a)(2) or (4)), or in the course of other specified activities provided for under section 101(a)(5), in the zone described in section 3(14)(B), and "(ii) for scientific research or public display purposes (other than by, or on behalf of, the State), except that any taking authorized under a permit issued pursuant to section 101(a)(1) after the date of the enactment of the 1981 amendment to this subsection allowing the removal of live animals from habitat within the State shall not be effective if the State agency disapproves, on or before the date of issuance of the permit, such taking as being inconsistent with the State program; and "(C) section 101(b) shall not apply. "(c) The State process required under subsection (b)(1)(C) must comply with the following standards: "(1) The State agency with management authority for the species (hereinafter in this section referred to as the 'State agency') must make an initial determination regarding the factors described in clause (i) of that subsection. The State agency must identify, and make available to the public under reasonable circumstances, the documentation supporting such initial determination. Unless request for a hearing under paragraph (2) regarding the initial determination is timely made, the initial determination shall be treated as final under State law.

89-194 0 - 8 2

64:QL3

95 STAT. 983

16 USC 1371.

16 USC 1373.

^^te, pp. 979, ^«<e, p. 979.

Compliance standards.

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Page:United States Statutes at Large Volume 95.djvu/1010

 95 STAT. 984 Hearing.

Public notice.

Judicial review.

Cooperative allocation agreement.

16 USC 1371. Ante, p. 979.

Regulations.

5 USC 601 note. 44 USC 101 note. 46 FR 13193.

16 USC 1375-1377. Revocation of authority transfer.

PUBLIC LAW 97-58—OCT. 9, 1981 "(2) The State agency shall provide opportunity, at the request of any interested party, for a hearing with respect to the initial determination made by it under paragraph (1) at which interested parties may— "(A) present oral and written evidence in support of or against such determination; and "(B) cross-examine persons presenting evidence at the hearing. The State agency must give public notice of the hearing and make available to the public within a reasonable time before commencing the hearing a list of the witnesses for the State and a general description of the documentation and other evidence that will be relied upon by such witnesses. "(3) The State agency, solely on the basis of the record developed at a hearing held pursuant to paragraph (2), must make a decision regarding its initial determination under paragraph (1) and shall include with the record a statement of the findings and conclusions, and the reason or basis therefor, on all material issues. "(4) Opportunity for judicial review of the decision made by the State agency on the record under paragraph (3), under scope of review equivalent to that provided for in section 706(2)(A) through (E) of title 5, United States Code, must be available under State law. The Secretary may not initiate judicial review of any such decision. "(d)(1) If the range of a species with respect to which a determination under paragraph (l)(C)(i) of subsection (b) is made extends beyond the territorial waters of the State, the State agency and the Secretary (who shall first coordinate with the Marine Mammal Commission and the appropriate Regional Fishery Management Council established under section 302 of the Act of April 13, 1976 (16 U.S.C. 1852)) shall enter into a cooperative allocation agreement providing procedures for allocating, on a timely basis, such of the number of animals, as determined under paragraph (l)(C)(i)(II) of subsection (b), as may be appropriate with priority of allocation being given firstly to taking for subsistence uses in the case of the State of Alaska, and secondly to taking for purposes provided for under section 101(a) within the zone described in section 3(14XB). "(2) If the State agency requests the Secretary to regulate the taking of a species to which paragraph (1) applies within the zone described in section 3(14)(B) for subsistence uses or for hunting, or both, in a manner consistent with the regulation by the State agency of such taking within the State, the Secretary shall adopt, and enforce within such zone, such of the State agency's regulatory provisions as the Secretary considers to be consistent with his administration of section 101(a) within such zone. The Secretary shall adopt such provisions through the issuance of regulations under section 553 of title 5, United States Code, and with respect to such issuance the Regulatory Flexibility Act, the Paperwork Reduction Act, Executive Order Numbered 12291, dated February 17, 1981, and the thirty-day notice requirement in subsection (d) of such section 553 shall not apply. For purposes of sections 105, 106, and 107, such regulations shall be treated as having been issued under this title. (e)(1) Subject to paragraph (2), the Secretary shall revoke, after opportunity for a hearing, any transfer of management authority made to a State under subsection (b)(1) if the Secretary finds that the State program for the conservation and management of the species concerned is not being implemented, or is being implemented in a

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Page:United States Statutes at Large Volume 95.djvu/1011

 PUBLIC LAW 97-58—OCT. 9, 1981

95 STAT. 985

manner inconsistent with the provisions of this section or the provisions of the program. The Secretary shall also establish a procedure for the voluntary return by a State to the Secretary of species management authority that was previously transferred to the State under subsection (b)(1). "(2)(A) The Secretary may not revoke a transfer of management Revocation conditions. authority under paragraph (1) unless— intent to revoke together with a statement, in detail, of those actions, or failures to act, on which such intent is based; and "(ii) during the ninety-day period after the date of the notice of intent to revoke— "(I) the Secretary provides opportunity for consultation between him and the State concerning such State actions or failures to act and the remedial measures that should be taken by the State, and "(II) the State does not take such remedial measures as are necessary, in the judgment of the Secretary, to bring its conservation and management program, or the administration or enforcement of the program, into compliance with the provisions of this section. "(B) When a revocation by the Secretary of a transfer of management authority to a State becomes final, or the State voluntarily returns management authority to the Secretary, the Secretary shall regulate the taking, and provide for the conservation and management, of the species within the State in accordance with the provisions of this Act (and in the case of Alaskan Natives, section 101(b) ^^te, p. 981. and subsection (i) of this section shall apply upon such revocation or return of management authority). "(f)(1) The Secretary may not transfer management authority to Authority the State of Alaska under subsection (b)(1) for any species of marine transfer to State of Alaska, mammal unless— restrictions. "(A) the State has adopted and will implement a statute and regulations that insure that the taking of the species for subsistence uses— "(i) is accomplished in a nonwasteful manner, "(ii) will be the priority consumptive use of the species, and "(iii) if required to be restricted, such restriction will be based upon— "(I) the customary and direct dependence upon the species as the mainstay of livelihood, "(II) local residency, and "(III) the availability of alternative resources; and "(B) the State has adopted a statute or regulation that requires that any consumptive use of marine mammal species, other than for subsistence uses, will be authorized during a regulatory year only if the appropriate agency first makes findings, based on an administrative record before it, that— "(i) such use will have no significant adverse impact upon subsistence uses of the species, and "(ii) the regulation of such use, including, but not limited to, licensing of marine mammal hunting guides and the assignment of guiding areas, will, to the maximum extent practicable, provide economic opportunities for the residents of the rural coastal villages of Alaska who engage in subsistence uses of that species.
 * (i) the Secretary provides to the State a written notice of

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