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Page:United States Statutes at Large Volume 95.djvu/1525

 PUBLIC LAW 97-105—DEC. 23, 1981

95 STAT. 1499

obligation bond or note issued under section 461(a), section 471(a), DC Code 47-241. or section 472(a); l n £ S' U9?" "(3) any amount obligated or expended as provided by the ' ^' Council in any annual budget for the District of Columbia government pursuant to subsection (a) or as provided by any amendment or supplement to such budget; or "(4) any amount obligated or expended by the Mayor pursuant to subsection (b) or (c).". SEC. 15. Part E of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47-241 et seq.) is amended— (1) by redesignating subpart 4 as subpart 5; and (2) by inserting after section 481 the following new subpart: "Subpart 4—Full Faith and Credit of the United States "FULL FAITH AND CREDIT OF THE UNITED STATES NOT PLEDGED

"SEC. 484. The full faith and credit of the United States is not pledged for the payment of any principal of or interest on any bond, note, or other obligation issued by the District under this part. The United States is not responsible or liable for the payment of any principal of or interest on any bond, note, or other obligation issued by the District under this part.". SEC. 16. Section 490 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47-254) is amended— (1) by striking out subsection (a) and inserting in lieu thereof the following new subsection: "(a)(1) The Council may by act authorize the issuance of revenue bonds, notes, or other obligations (including refunding bonds, notes, or other obligations) to borrow money to finance, to refinance, or to assist in the financing or refinancing of, undertakings in the areas of housing, health facilities, transit and utility facilities, recreational facilities, college and university facilities, pollution control facilities, and industrial and commercial development. Any such financing or refinancing may be effected by loans made directly or indirectly to any individual or legal entity, by the purchase of any mortgage, note, or other security, or by the purchase, lease, or sale of any property. "(2) Any revenue bond, note, or other obligation issued under paragraph (1) shall be a special obligation of the District and shall be a negotiable instrument, whether or not such bond, note, or other obligation is a security as defined in section 28:8-102(l)(a) of title 28 of the District of Columbia Code. "(3) Any revenue bond, note, or other obligation issued under paragraph (1) shall be paid and secured (as to principal, interest, and any premium) as provided by the act of the Council authorizing the issuance of such bond, note, or other obligation. Subject to subsection (c), any act of the Council authorizing the issuance of such bond, note, or other obligation may provide for (A) the payment of such bond, note, or other obligation from any available revenues, assets, or property, and (B) the securing of such bond, note, or other obligation by the mortgage of real property or the creation of any security interest in available revenues, assets, or other property. "(4KA) In authorizing the issuance of any revenue bond, note, or other obligation under paragraph (1), the Council may enter into, or authorize the Mayor to enter into, any agreement concerning the acquisition, use, or disposition of any funds or property. Any such

Revenue bonds ^^^ ^°*^^-

Security interests.

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Page:United States Statutes at Large Volume 95.djvu/1526

 95 STAT. 1500

U.S. property.

District of Columbia government expenditures. D.C. Code 47-224.

PUBLIC LAW 97-105—DEC. 23, 1981

agreement may create any security interest in any funds or property, may provide for the custody, collection, security, investment, and payment of any funds (including any funds held in trust) for the payment of such bond, note, or other obligation, may mortgage any property, may provide for the acquisition, construction, maintenance, and disposition of the undertaking financed or refinanced using the proceeds of such bond, note, or other obligation, and may provide for the doing of any act (or the refraining from doing of any act) which the District has the right to do in the absence of such agreement. Any such agreement may be assigned for the benefit of, or made a part of any contract with, any holder of such revenue bond, note, or other obligation issued under paragraph (1). "(B) Notwithstanding article 9 of title 28 of the District of Columbia Code, any security interest created under subparagraph (A) shall be valid, binding, and perfected from the time such security interest is created, with or without the physical delivery of any funds or any other property and with or without any further action. Such security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to such security interest is recorded or filed. The lien created by such security interest is valid, binding, and perfected with respect to any individual or legal entity having claims against the District, whether or not such individual or legal entity has notice of such lien. "(C) Any funds of the District held for the payment or security of any revenue bond, note, or other obligation issued under paragraph (1), whether or not such funds are held in trust, may be secured in the manner agreed to by the District and any depository of such funds. Any depository of such funds may give security for the deposit of such funds."; (2) by striking out subsection (b) and inserting in lieu thereof the following new subsection: "(b) No property owned by the United States may be mortgaged or made subject to any security interest to secure any revenue bond, note, or other obligation issued under subsection (a)(l)."; (3) by striking out subsection (e) and inserting in lieu thereof the following new subsection: "(e) Any act of the Council authorizing the issuance of revenue bonds, notes, or other obligations under subsection (a)(1) may— "(1) briefly describe the purpose for which such bonds, notes, or other obligations are to be issued; "(2) identify the Act authorizing such purpose; "(3) prescribe the form, terms, provisions, manner, and method of issuing and selling (including sale by negotiation or by competitive bid) such bonds, notes, or other obligations; "(4) provide for the rights and remedies of the holders of such bonds, notes, or other obligations upon default; "(5) prescribe any other details with respect to the issuance, sale, or securing of such bonds, notes, or other obligations; and "(6) authorize the Mayor to take any actions in connection with the issuance, sale, delivery, security, and payment of such bonds, notes, or other obligations, including the prescribing of any terms or conditions not contained in such act of the Council.'; (4) by striking out subsection (f) and inserting in lieu thereof the following new subsection: "(f) The fourth sentence of section 446 shall not apply to— "(1) any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale

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


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Page:United States Statutes at Large Volume 95.djvu/1527

 PUBLIC LAW 97-105—DEC. 23, 1981

95 STAT. 1501

of any revenue bond, note, or other obligation issued under subsection (a)(l); "(2) any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued under subsection (a)(l); and "(3) any amount obligated or expended to secure any revenue bond, note, or other obligation issued under subsection (aKl)."; and (5) by striking out paragraph (3) of subsection (g) and inserting in lieu thereof the following new paragraph: "(3) The fourth sentence of section 446 shall not apply to— "(A) any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued under subsection (gKl); "(B) any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued under subsection (gKl); and "(C) any amount obligated or expended to secure any revenue bond, note, or other obligation issued under subsection (gKl).". SEC. 17. Section 602(cKl) of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. l-147(cKl)) is amended in the first sentence by inserting "and except as provided in section 462(c) and section 472(d)(l)" after "title IV of f «^„^' P 1494, thisAct". 1'^^ SEC. 18. The table of contents of the District of Columbia SelfGovernment and Governmental Reorganization Act is amended— D.c. Code 1-121. (1) by striking out the item relating to section 462 and inserting in lieu thereof the following new item: "Sec. 462. Contents of borrowing legislation and elections on issuing general obligation bonds.";

(2) by striking out the item relating to section 465 and inserting in lieu thereof the following new item: "Sec. 465. Issuance of general obligation bonds.";

(3) by striking out the item relating to section 466 and inserting in lieu thereof the following new item: "Sec. 466. Public or private sale.";

(4) by inserting after the item relating to section 466 the following new item: "Sec 467. Authority to create security interests in District revenues.";

(5) by inserting after the item relating to section 481 the following new items: "Sec 482. Full faith and credit of the District. "Sec. 483. Payment of general obligation bonds and notes.";

(6) by redesi^ating subpart 4 of part E as subpart 5; and (7) by inserting after the item relating to section 483 the following new item: "Subpart 4—Full Faith and Credit of the United States

"Sec. 484. Full faith and credit of the United States not pledged".

SEC. 19. (a) Except as provided in subsection (b), this Act shall take Effective date. effect on the date of the enactment of this Act.

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Page:Theodore Roosevelt Rough Riders.djvu/208

200 regulations of the War Department, each regiment should have had at least twenty-five wagons. As a matter of fact our regiment often had none, sometimes one, rarely two, and never three; yet it was better off than any other in the cavalry division. In consequence it was impossible to carry much of anything save what the men had on their backs, and half of the men were too weak to walk three miles with their packs. Whenever we shifted camp the exertion among the half-sick caused our sick-roll to double next morning, and it took at least three days, even when the shift was for but a short distance, before we were able to bring up the officers' luggage, the hospital spare food, the ammunition, etc. Meanwhile the officers slept wherever they could, and those men who had not been able to carry their own bedding, slept as the officers did. In the weak condition of the men the labor of pitching camp was severe and told heavily upon them. In short, the scheme of continually shifting camp was impossible of fulfilment. It would merely have resulted in the early destruction of the army.

Again, it was proposed that we should go up the mountains and make our camps there. The palm and the bamboo grew to the summits of the mountains, and the soil along their sides was deep and soft, while the rains were very heavy, much more so than immediately on the coast—every mile or two


text:
Page:United States Statutes at Large Volume 95.djvu/1528

 95 STAT. 1502

Ante, p. 1499.

PUBLIC LAW 97-105—DEC. 23, 1981

(b) Any revenue bonds, notes, or other obligations authorized by an act of the Council of the District of Columbia enacted subsequent to August 1, 1981, pursuant to section 490(a) of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47-254(a)) may be secured by a mortgage of real property or a security interest in any revenues, assets, or other property, notwithstanding that such mortgage or other security interest may not have been authorized by such section 490(a) as of the effective date of such act. Approved December 23, 1981.

LEGISLATIVE HISTORY—H.R. 4910: HOUSE REPORT No. 97-361 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 14, considered and passed House. Dec. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1529

 PUBLIC LAW 97-106—DEC. 23, 1981

95 STAT. 1503

Public Law 97-106 97th Congress An Act Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1982, and for other purposes.

Dec. 23, 1981 [H.R. 4241]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Military sums are appropriated, out of any money in the Treasury not Construction Appropriation otherwise appropriated, for the fiscal year ending September 30, Act, 1982. 1982, for military construction functions administered by the Department of Defense, and for other purposes, namely: MiLiTABY CONSTRUCTION, A R M Y

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, and for construction and operation of facilities in support of the functions of the Commander-in-Chief, $943,701,000, to remain available until September 30, 1986: Provided, Notification to That of this amount, not to exceed $139,700,000 shall be available for congressional study, planning, design, architect and engineer services, as author- committees. ized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: And provided further. That $1,000,000 of the funds av^able for planning and design shall be available only for the design of a headquarters facility for the U.S. Army Forces Command at Fort McPherson, Georgia. MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $1,451,393,000, to remain available until September 30, 1986: Provided, That of this amount, Notification to not to exceed $88,100,000 shall be available for study, planning, congressional design, architect and engineer services, as authorized by law, unless committees. the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor.

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Page:United States Statutes at Large Volume 95.djvu/1530

 95 STAT. 1504

PUBLIC LAW 97-106—DEC. 23, 1981 MiuTARY CONSTRUCTION, AIR FORCE

Notification to congressional committees.

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, $1,545,751,000, to remain available until September 30, 1986: Provided, That of this amount, not to exceed $91,100,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor: Provided further, That $500,000 of the funds available for planning and design shall be available only to design facilities at Goodfellow Air Force Base, Texas. MILITARY CONSTRUCTION, DEFENSE AGENCIES (INCLUDING TRANSFER OF FUNDS)

Notification to congressional committees.

For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments), as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, $306,490,000, to remain available until September 30, 1986; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, test, and evaluation. Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate: Provided further. That of the amount appropriated, not to exceed $28,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area as authorized in military construction Acts, $345,000,000, to remain available until expended. MiliTARY CONSTRUCTION, ARMY NATIONAL GUARD

10 USC 2231 et seq.

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $67,658,000, to remain available until September 30, 1986.

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Page:United States Statutes at Large Volume 95.djvu/1531

 PUBLIC LAW 97-106—DEC. 23, 1981

95 STAT. 1505

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve ij use 2231 Forces Facilities Acts, $105,140,000, to remain available until Sep- ^* *^^ tember30, 1986. MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $64,703,000, to remain available until September 30, 1986. MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $36,000,000, to remain available until September 30, 1986. MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $37,400,000, to remain available until September 30, 1986. MILITARY CONSTRUCTION, RESERVE COMPONENTS GENERALLY

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Reserve components of the Armed Forces, $470,000, to be allocated by the Secretary of Defense for the Army Reserve, and to remain available until September 30, 1985. FAMILY HOUSING, DEFENSE

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $2,282,442,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87-554, in not to exceed the 42 USC I594a-i. following amounts: for Construction: $280,235,000; for Debt payment: $148,111,000; for Operation, maintenance: $1,854,096,000: Provided, That the amounts provided under this head for construction, and for debt payment, shall remain available until September 30, 1986: Provided further. That funds previously appropriated under

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Page:United States Statutes at Large Volume 95.djvu/1532

 95 STAT. 1506

PUBLIC LAW 97-106—DEC. 23, 1981

this head in fiscal year 1980 for debt payment in the amount of $1,992,000 for the Department of Defense shall be transferred and merged in the Family Housing Management Account with, and be available for the same period as, the funds appropriated in this Act for debt service for such departments and agencies, and such funds may be obligated and expended for such purposes. HOMEOWNERS ASSISTANCE FUND, DEFENSE

42 USC 3374.

For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89-754, as amended), $2,000,000. GENERAL PROVISIONS

Prior appropriations.

Contracts.

Construction costs.

Service facilities.

Motor vehicles. 31 USC 638f. Access roads, construction. 31 USC 700b.

New bases.

Land purchases or easements.

SEC. 101. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the first session of the Ninety-seventh Congress. SEC. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices. SEC. 104. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 105. Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. SEC. 106. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 107. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. SEC. 108. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than

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Page:United States Statutes at Large Volume 95.djvu/1533

 PUBLIC LAW 97-106—DEC. 23, 1981

95 STAT. 1507

$25,000, or (d) as otherwise determined by the Secretary of Defense to oe in the public interest. SEC. 109. None of the funds appropriated in this Act may be used to Foreign projects. make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 110. None of the funds appropriated in this Act shall be used to Family housing. (1) acquire land, (2) provide for site preparation, or (3) install utilities for any familv housing, except housing for which funds have been made available in aimual military construction appropriation Acts. to SEC. 111. None of the funds appropriated in this Act for minor Notificationon construction may be used to transfer or relocate any activity from one Committee Appropriations. base or installation to another, without prior notification to the Committee on Appropriations. SEC. 112. None of the funds appropriated or otherwise made Base realignment available under this Act shall be obligated or expended in connection or closure with any base realignment or closure activity, until all terms, activities. conditions and requirements of the National Environmental Policy Act have been complied with, with respect to each such activity. 42 USC 4321 SEC. 113. No part of the funds appropriated in this Act may be used note. Steel for the procurement of steel for any construction project or activity procurement. for which Americem steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. SEC. 114. None of the funds available to the Department of Defense Notification to congressional for military construction during the current fiscal year may be committees. obligated for projects under the authority of section 402 of the Military Construction Authorization Act, 1981, or similar provisions 94 Stat. 1760. in prior-year military construction authorization Acts until twentyone days have passed after the Secretary of Defense has notified the Committees on Appropriations of the Senate and the House of Representatives of the purpose and estimated cost of construction for which these funds are to be used under such authorities. SEC. 115. No part of the funds appropriated in this Act for dredging Indian Ocean in the Indian Ocean may be used for the performance of the work by dredging. foreign contractors: Provided, That the low responsive bid of a United States contractor does not exceed the lowest responsive bid of a foreign contractor by greater than 20 per centum. SEC. 116. During the current fiscal year none of the funds available Solar energy to the Department of Defense for military construction or family systems, housing shall be available to furnish or install solar energy systems installation. in new facilities (including family housing) unless such systems can be shown to be cost effective using the sum of all capital and operating expenses associated with the energy system of the building involved over the expected life of such system or during a period of twenty-five years, whichever is shorter, and using marginal fuel costs as determined by the Secretary of Defense and at a discount rate of 7 per centum per year. SEC. 117, No part of the funds appropriated in this Act may be MX missile facilities, obligated for design of any site-specific facilities for the MX missile design. system until all terms, conditions, and requirements of the National Environmental Policy Act (42 U.S.C. 4332) are met. SEC. 118. None of the funds available to the Department of Defense Foreign real property for military construction or family housing during the current fiscal taxes. year may be used to pay real property taxes in any foreign nation.

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Page:United States Statutes at Large Volume 95.djvu/1534

 95 STAT. 1508 Illegal alien employment.

Consulting service contracts.

Short title.

PUBLIC LAW 97-106—DEC. 23, 1981

SEC. 119. No part of the funds appropriated in this Act may be used to pay the compensation of an officer of the Government of the United States or to reimburse a contractor for the employment of a person for work in the continental United States by any such person if such person is an alien who has not been lawfully admitted to the United States. SEC. 120. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 121. Notwithstanding any other provision of law, any funds appropriated to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such proiect were appropriated if the funds obligated for such project (1) are obligated from funds available for military construction projects, and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. SEC. 122. It is the sense of the Congress that the administration should call on the pertinent member nations of the North Atlantic Treaty Organization and on Japan to meet or exceed their pledges for at least a 3 per centum real increase in defense spending in furtherance of increased unity, equitable sharing of our common defense burden, and international stability. This Act may be cited as the "Military Construction Appropriation Act, 1982". Approved December 23, 1981.

LEGISLATIVE HISTORY-H.R. 4241: HOUSE REPORTS: No. 97-193 (Comm. on Appropriations) and No. 97-400 (Comm. of ConfcrGiicc). SENATE REPORT No. 97-271 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 16, considered and passed House. Dec. 4, considered and passed Senate, amended. Dec. 15, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 95.djvu/1535

 PUBLIC LAW 97-107—DEC. 23, 1981

95 STAT. 1509

Public Law 97-107 97th Congress An Act To allow the George Washington University Higher Education Facilities Revenue Bond Act of 1981 of the District of Columbia to take effect immediately.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 602(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act shall not apply to the George Washington University Higher Education Facilities Revenue Bond Act of 1981 (District of Columbia act 4-104) passed by the Council of the District of Columbia on October 27, 1981, and signed by the Mayor of the District of Columbia on October 30, 1981, and such District of Columbia act shall become law on the date of the enactment of this Act, notwithstanding section 404(e) of the District of Columbia Self-Government and Governmental Reorganization Act and any provision to the contrary in such District of Columbia act. Approved December 23, 1981.

LEGISLATIVE HISTORY—H.R. 5273: CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 16, considered and passed House and Senate.

Dec. 23, 1981 [H.R. 5273] George Washington University higher education facilities revenue bond. 87 Stat. 813.

87 Stat. 787.

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Page:United States Statutes at Large Volume 95.djvu/1536

 95 STAT. 1510

PUBLIC LAW 97-108—DEC. 23, 1981

Public Law 97-108 97th Congress An Act Dec. 23, 1981 [H.R. 1465]

State and Local Government Cost Estimate Act of 1981. 31 USC 1301 note. 31 USC 1353.

"Local government." 42 USC 4201. "Significant bill or resolution."

To amend the Congressional Budget Act of 1974 to require the Congressional Budget Office, for every significant bill or resolution reported in the House or the Senate, to prepare and submit an estimate of the cost which would be incurred by State and local governments in carrying out or complying with such bill or resolution.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "State and Local Government Cost Estimate Act of 1981". SEC. 2. (a) Section 403 of the Congressional Budget Act of 1974 is amended— (1) by inserting "(a)" before "The"; (2) by striking out "and" after the semicolon in clause (1) of subsection (a) (as redesignated by clause (1) of this subsection); (3) by inserting after clause (1) the following new clause: "(2) an estimate of the cost which would be incurred by State and local governments in carrying out or complying with any significant bill or resolution in the fiscal year in which it is to become effective and in each of the four fiscal years following such fiscal year, together with the basis for each such estimate; and"; (4) by redesignating clause (2) of such subsection as clause (3); (5) by striking out "(1)" in clause (3) of subsection (a) (as designated by clauses (1) and (4) of this subsection) and inserting in lieu thereof "(1) and (2)"; (6) by striking out "estimate" each place it appears in clause (3) of subsection (a) and in the last sentence of such subsection, and inserting in lieu thereof "estimates"; and (7) by inserting at the end thereof the following new subsections: "(b) For purposes of subsection (a)(2), the term 'local government' has the same meaning as in section 103 of the Intergovernmental Cooperation Act of 1968. "(c) For purposes of subsection (a)(2), the term 'significant bill or resolution' is defined as any bill or resolution which in the judgment of the Director of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more, or is likely to have exceptional fiscal consequences for a geographic region or a particular level of government.".

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Page:United States Statutes at Large Volume 95.djvu/1537

 PUBLIC LAW 97-108—DEC. 23, 1981

95 STAT. 1511

(b) The amendments made by subsection (a) shall apply with respect to bills or resolutions reported by committees of the House of Representatives and the Senate after September 30, 1982. SEC. 3. There are authorized to be appropriated such sums as may be necessary to carry out this Act. SEC. 4. The authorization granted under the terms of this Act shall expire on September 30, 1987. ''

'

Approved December 23, 1981.

LEGISLATIVE HISTORY—H.R. 1465 (S. 43): HOUSE REPORT No. 97-353 (Comm. on Rules). SENATE REPORTS: No. 97-142 (Comm. on Governmental Affairs) and No. 97-174 (Comm. on the Budget) accompanying S. 43. CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 8, considered and passed House. Dec. 16, considered and passed Senate, in lieu of S. 43.

89-194 0 - 8 2

97:QL3

3i use 1353 "°*® Appropriation 31 USCTlsT' note. Expiration date. 31 USC 1353

note.

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Page:United States Statutes at Large Volume 95.djvu/1538

 95 STAT. 1512

PUBLIC LAW 97-109—DEC. 26, 1981

Public Law 9T-109 97th Congress An Act Dec. 26, 1981 [S. 1003]

Marine RSi-crknd SanctuarleAct of 1972, amendment. Appropriation authorization.

.p^ amend title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, to authorize appropriations for such title for fiscal years 1982 and 1983, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 304 of U.S.C. 1434) is amended— (1) by striking out "and" immediately after "fiscal year 1978" and inserting a comma; and (2) by adding immediately after "fiscal year 1981" the follow.^g. u^ ^^^ ^ gj^^.^^^ $2,235,000 for fiscal year 1982, and not to exceed $2,235,000 for fiscal year 1983,". Approved December 26, 1981.
 * ^® Marine Protection, Research, and Sanctuaries Act of 1972 (16

LEGISLATIVE HISTORY-S. 1003 (H.R. 2449): HOUSE REPORT No. 97-52 accompanying H.R. 2449 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 97-44 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): May 4, considered and passed Senate. July 13, H.R. 2449 considered and passed House; proceedings vacated and S. 1003 amended, passed in lieu. Dec. 11, Senate concurred in House cmaendment with an amendment. Dec. 14, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 95.djvu/1539

 PUBLIC LAW 97-110—DEC. 26, 1981

95 STAT. 1513

Public Law 97-110 97th Congress An Act To clarify the treatment of international banking facility deposits for purposes of deposit insurance assessments and to remove certain limitations on the mortgage loan purchase authority of the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—INTERNATIONAL BANKING FACILITY DEPOSIT INSURANCE ACT

Dec. 26, 1981 [H.R. 4879]

International Banking Facility Deposit Insurance Act.

SHORT TITLE

SEC. 101. This title may be cited as the 'International Banking Facility Deposit Insurance Act", INTERNATIONAL BANKING FACILITY DEPOSITS

SEC. 102. Section 3(1)(5) of the Federal Deposit Insurance Act (12 U.S.C. 1813(1)(5)) is amended to read as follows: "(5) such other obligations of a bank as the Board of Directors, after consultation with the Comptroller of the Currency and the Board of Governors of the Federal Reserve System, shall find and prescribe by regulation to be deposit liabilities by general usage, except that the following shall not be a deposit for any of the purposes of this Act or be included as part of the total deposits or of an insured deposit: "(A) any obligation of a bank which is payable only at an office of such bank located outside of the States of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands; and "(B) any international banking facility deposit, including an international banking facility time deposit, as such term is from time to time defined by the Board of Governors of the Federal Reserve System in regulation D or any successor regulation issued by the Board of Governors of the Federal R ^ r v e System.". BRANCHES OF INSURED BANKS IN THE TRUST TERRITORY OF THE PACIFIC ISLANDS

SEC. 103. (a) Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) is amended— (1) in subsection (a), by inserting "the Trust Territory of the Pacific Islands," after "American Samoa," each place it appears therein; (2) in subsection (m)(D, by inserting "of the Trust Territory of the Pacific Islands," after "American Samoa,"; and

12 USC 1811 note.

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Page:United States Statutes at Large Volume 95.djvu/1540

 95 STAT. 1514

PUBLIC LAW 97-110—DEC. 26, 1981

(3) in subsection (o), by inserting "the Trust Territory of the Pacific Islands," after "American Samoa," each place it appears therein. (b) Section 7 of such Act (12 U.S.C. 1817) is amended— (1) in subsection (a)(4), by inserting "the Trust Territory of the Pacific Islands," after "American Samoa,"; and (2) in subsection (b)(SKB), by inserting "the Trust Territory of the Pacific Islands," after "American Samoa,". (c) Section ll(a)(2)(A)(iv) of such Act (12 U.S.C. 1821(a)(2)(A)(iv)) is amended— (1) by inserting "of the Trust Territory of the Pacific Islands," after "of American Samoa,"; and (2) by inserting "the Trust Territory of the Pacific Islands," after "Virgin Islands, American Samoa,". Mortgage Purchase Amendments of 1981.

12 USC 1451 "°^^-

TITLE II-MORTGAGE PURCHASE AMENDMENTS OF 1981 SHORT TITLE

SEC. 201. This title may be cited as the "Mortgage Purchase Amendments of 1981". PURCHASES OF MORTGAGES MORE THAN ONE YEAR OLD

12 USC 1454 "°^-

SEC. 202. (a) The third sentence of section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended to read as follows: "The Corporation may purchase a conventional mortgage which was originated more than one year prior to the purchase date only if the seller is the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Administration, or any other seller currently engaged in mortgage lending or investing activities.". (b)(l) Section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended by inserting after the third sentence thereof the following: "With respect to any transaction in which a seller contemporaneously sells mortgages originated more than one year old prior to the date of sale to the Corporation and receives in payment for such mortgages securities representing undivided interests only in those mortgages, the Corporation shall not impose any fee or charge upon an eligible seller which is not a member of a Federal Home Loan Bank which differs from that imposed upon an eligible seller which is such a member.". (2) The amendment made by paragraph (1) shall take effect on January 1, 1982, and shall apply to commitments entered into on or after such date. (c) The fourth sentence of section 302(bK2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) is amended to read as follows: "The Corporation may purchase a conventional mortgage which was originated more than one year prior to the purchase date only if the seller is the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Administration, or any other seller currently engaged in mortgage lending or investing activities.".

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Page:United States Statutes at Large Volume 95.djvu/1541

 PUBLIC LAW 97-110—DEC. 26, 1981

95 STAT. 1515

MORTGAGE LOAN PURCHASES FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AND THE NATIONAL CREDIT UNION ADMINISTRATION

SEC. 203. Subsections (a)(1) and (b) of section 305 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454) are amended by inserting "the Federal Deposit Insurance Corporation, the National Credit Union Administration," after "Federal Savings and Loan Insurance Corporation," each place it appears. TITLE III—MISCELLANEOUS SEC. 301. Section 625(a) of the Depository Institutions Deregulation and Monetary Control Act of 1980 is amended to read as follows: "SEC. 625. (a) Except as provided in section 608(b), the amendments made by this title shall take effect upon the expiration of two years and six months after the date of enactment of this title.". SEC. 302. Section 206 of the Depository Institution Management Interlocks Act is amended to read as follows: "SEC. 206. (a) A person whose service in a position as a management official began prior to the date of enactment of this title and who was not immediately prior to the date of enactment of this title in violation of section 8 of the Clayton Act is not prohibited by section 203 or section 204 of this title from continuing to serve in that ptosition for a period of ten years after the date of enactment of this title. The appropriate Federal banking agency (as set forth in section 209) may provide a reasonable period of time for compliance with this title, not exceedingfifteenmonths, aiter any change in circumstances which makes service described in the preceding sentence prohibited by this title, except that a merger, acquisition, increase in total assets, establishment of one or more offices, or change in management responsibilities shall not constitute changes in circumstances which would make such service prohibited by section 203 or section 204 of this title. "0)) Effective on the date of enactment of this title, a person who serves aa a management official of a company which is not a depository institution or a depository holding company and as a management official of a depositonr institution or a depository holding company is not prohibited m>m continuing to serve as a management official of that depository institution or depository holding company as a result of that company which is not a depository institution or depository holding company becoming a diversified savings and loan holding company as that term is defined in section 408(a) of the National Housing Act. This subsection shall expire ten years after the date of enactment of this title.". SEC. 303. Section 313 of the Depository Institutions Deregulation and Monetary Control Act of 1980 is amended to read as follows:

15 USC 1602 15 ygc 1607 note. 12 USC 3205.

15 USC 19. J2 USC 3202, ^2"^12 USC 3207.

12 USC I730a. Expiration. 94 Stat. I5i.

"ALASKA USA FEDERAL CREDIT UNION

"SEC. 313. The provisions of section 5 of the charter of the Alaska USA Federal Credit Union which would terminate the eligibility for membership in the Credit Union of the enrollees and employees of certain corporations shall not be effective.". SEC. 304. The fourth sentence of section 235(h)(l) of the National Housing Act is amended— Ante, p. 407. (1) by inserting "(i)" after "except"; (2) by striking out "or" after "March 31, 1982," the second place it appears and inserting in lieu thereof "(ii)"; and

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Page:United States Statutes at Large Volume 95.djvu/1542

 95 STAT. 1516

42 USC 5301.

PUBLIC LAW 97-110—DEC. 26, 1981 (3) by inserting before the period after "1974" the following: ", or (lii) pursuant to other commitments issued on or before September 30, 1981, where housing under this section is to be developed on land which was municipally owned on September 30, 1981, and where a local government contributes at least $1,000 per unit of funds obtained under title I of the Housing and Community Development Act of 1974 and at least $2,000 per unit of additional funds to assist housing under this section". Approved December 26, 1981.

LEGISLATIVE HISTORY—H.R. 4879: CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 17, considered and passed House. Dec. 15, considered and passed Senate, amended. Dec. 16, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 95.djvu/1543

 PUBLIC LAW 97-111—DEC. 26, 1981

95 STAT. 1517

Public Law 97-111 97th Congress An Act To permit to become effective certain Farm Credit Administration r^ulations which expand the authority of financing institutions, other than farm credit £fystem ii^titutions, to borrow from and discount with Federal intermediate credit banks.

Dec. 26, 1981 [S. 1948]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, notwithstand- Farm Credit Ading aiw other provision of law, the final r^ulations issued by the ministration regulations. Farm Credit Adnunistration amending subpart P, part 614, title 12 of Effective date. the Code of Federal R^ulations, published in the Federal Register of October 22, 1981 (46 F.R. 51886-51889), together with an amendment hereto published in the Federal Register of December 8, 1981 (46 F.R. 59959), which implement the provisions of section 2.3 of the Farm Credit Act of 1971, as amended by the Farm Credit Act Amendments 12 USC 2074. of 1980, shall become effective on the date of enactment of this Act. 12 USC 2001 SEC. 2. The provisions of the first section of this Act shall not be note. deemed an expression of congressional approval of such regulations and the amendment thereto. Approved December 26, 1981.

LEGISLATIVE HISTORY—S. 1948: CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 11, considered and passed Senate. Dec. 14, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/1544

 95 STAT. 1518

PUBLIC LAW 97-112—DEC. 29, 1981

Public Law 97-112 97th Congress

An Act Dec. 29, 1981 [H.R. 4894]

To authorize the Secretary of the Interior to disburse certain trust funds of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, and for atbsr purposes.

Be it enacted by the Senate and House of Representatives of the Lac Courte United States of America in Congress assembled, That the Secretary Oreilles Indians. of the Interior shall, at the request of the governing body of the Lac Trust fund Courte Oreilles Band of Lake Superior Chippewa Indians of Wiscondisbursement. sin, pay to the State Bank of Drummond, Drummond, Wisconsin, a portion (not to exceed 20 per centum) of the funds of such tribe derived from awards of the Indian Claims Commission in dockets numbered 18-C and 18-T which are deposited in the United States Treasury to the credit of such tribe in trust accounts numbered 14x9228 and 14x9728. Such payments shall be used for the sole purpose of covering or reducing an overdraft on an account (designated "general fund") maintained by such tribe in such bank which was incurred by such tribe in support of the administration of Federal contracte. SEC. 2. In the event that the United States acts to adjust the accounts of Indian tribes or organizations administering Federal contracts for the overrecovery or underrecovery of indirect costs, the Secretary of the Interior, at his discretion, may reimburse the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, in whole or in part, for any disbursement made under the first section of this Act. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 4894 (S. 1890): HOUSE REPORT No. 97-348 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-296 accompanying S. 1890 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 15, considered and passed House; considered and passed Senate, amended, in lieu of S. 1890. Dec. 16, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 95.djvu/1545

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1519

Public Law 97-113 97th Congress An Act To authorize appropriations for the fiscal years 1982 and 1983 for international security and development assistance and for the Peace Corps, to establish the Peace Corps as an autonomous agency, and for other purposes.

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

SECTION 1. This Act may be cited as the

Development Cooperation Act of 1981".

"Intemational Security and

Dec. 29, 1981 [S.1196]

International Security and Development Cooperation Act of 1981. 22 USC 2151 note.

TITLE I—MILITARY SALES AND RELATED FRCXJRAMS REPORTS TO THE CONGRESS

SEC. 101. (a)(l) Section 3(d)(l) of the Arms Export Control Act is 22 USC 2753. amended— (A) in the text preceding subparagraph (A) by striking out "to a transfer of a defense article, or related training or other defense service, sold under this Act and may not give his consent to such a transfer under section 505(a)(l) or 505(a)(4) of the Foreign Assistance Act of 1961" and inserting in lieu thereof ", or under 22 USC 2314. section 505(a)(l) or 505(a)(4) of the Foreign Assistance Act of 1961, to a transfer of any major defense equipment valued (in terms of its original acquisition cost) at $14,000,000 or more, or any defense article or related training or other defense service valued (in terms of its original acquisition cost) at $50,000,000 or more,"; (B) by amending subparagraph (B) to read as follows: "(B) a description of the article or service proposed to be transferred, including its acquisition cost,"; (C) in subparagraph (C) by striking out "defense article or related training or other defense service" and inserting in lieu thereof "article or service"; and (D) in the last sentence by striking out "defense articles, or related training or other defense services," and inserting in lieu thereof "articles or services". (2) Section 3(d)(3) of such Act is amended by striking out all that follows "The President may not give his consent" through "section 38 of this Act," and inserting in lieu thereof "to the transfer of any major defense equipment valued (in terms of its original acquisition cost) at $14,000,000 or more, or of any defense article or defense service valued (in terms of its original acquisition cost) at $50,000,000 or more, the export of which has been Licensed or approved under section 38 of this Act,". 22 USC 2778. (3) Section 3(d)(4) of such Act is amended— (A) by inserting "or" at the end of subparagraph (B); (B) by striking out "; or" at the end of subparagraph (C) and inserting in lieu thereof a period; and

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Page:United States Statutes at Large Volume 95.djvu/1546

 95 STAT. 1520 22 USC 2768.

22 USC 2776

PUBLIC LAW 97-113—DEC. 29, 1981

(C) by striking out subparagraph (D). (b)(l) Section 28(a) of such Act is amended by striking out "five" and inserting in lieu thereof "fifteen". (2) Section 28(b) of such Act is amended by striking out "the issuance of a letter of offer in accordance with such request would be subject to the requirements of section 36(b) of this Act" and inserting in lieu thereof "the request involves a proposed sale of major defense equipment for $7,000,000 or more or of any other defense articles or defense services for $25,000,000 or more". (c) The first sentence of section 3603)(1) of such Act is amended— (1) by striking out "$25,000,000" and inserting in lieu thereof "$50,000,000"; and (2) by striking out "$7,000,000" and inserting in lieu thereof "$14,000,000". (d) Section 36(c) of such Act is amended in the first sentence of paragraph (1)— (1) by striking out "$7,000,000" and inserting in lieu thereof "$14,000,000"; and (2) by striking out "$25,000,000" and inserting in lieu thereof "$50,000,000". (e) Section 36(d) of such Act is amended by striking out "(c)" and inserting in lieu thereof "(c)(1)". PROPOSED TRANSFERS OR SALES TO THE NORTH ATLANTIC TREATY ORGANIZATION, JAPAN, AUSTRALIA, OR NEW ZEALAND

22 USC 2753.

ggc. 102. (a) Section 3(d)(2) of the Arms Export Control Act is amended— (1) by striking out "(2) Unless" and inserting in lieu thereof "(2)(A) Except as provided in subparagraph (B), unless"; and (2) by adding at the end thereof the following: "(B) In the CEise of a proposed transfer to the North Atlantic Treaty Organization, or any member country of such Organization, Japan, Australia, or New Zealand, unless the President states in the certification submitted pursuant to paragraph (1) of this subsection that an emergency exists which requirestatement to the proposed transfer become effective immediately in the national security interests of the United States, such consent shall not become effective until fifteen calendar days after the date of such submission and such consent shall become effective then only if the Congress does not adopt, within such fifteen-day period, a concurrent resolution disapproving the proposed transfer.". (b)(l) Section 36(b)(l) of such Act is amended in the fifth sentence by striking out "if the Congress, within thirty calendar days after receiving such certification," and inserting in lieu thereof the following: ", with respect to a proposed sale to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, if the Congress, within fifteen calendar days after receiving such certification, or with respect to a proposed sale to any other country or organization, if the Congress within thirty calendar days after receiving such certification,". (2) Section 36G)X2) of such Act is amended by inserting before the period at the end thereof a comma and the following: "except that for purposes of consideration of any resolution with respect to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, it shall be in order in the Senate to move to discharge a committee to which such resolution

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Page:United States Statutes at Large Volume 95.djvu/1547

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1521

was referred if such committee has not reported such resolution at the end of five calendar days after its introduction". PERSONNEL PERFORMING DEFENSE SERVICES

SEC. 103. Section 21(c)(2) of the Arms Export Control Act is Report to amended to read as follows: 22 ijs?276i "(2) Within forty-eight hours of the existence of, or a change in status of significant hostilities or terrorist acts or a series of such acts, which may endanger American lives or property, involving a country in which United States personnel are performing defense services pursuant to this Act or the Foreign Assistance Act of 1961, the note. 2151 22 USC President shall submit to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, classified if necessary, setting forth— "(A) the identity of such country; "(B) a description of such hostilities or terrorist acts; and "(C) the number of members of the United States Armed Forces and the number of United States civilian personnel that may be endangered by such hostilities or terrorist acts.". CHARGES FOR USE AND NONRECURRING RESEARCH, DEVELOPMENT, AND PRODUCTION COSTS

SEC. 104. Section 21(e)(2) of the Arms Export Control Act is amended by inserting "standardization with the Armed Forces of Japan, Australia, or New Zealand in furtherance of the mutual defense treaties between the United States and those countries," immediately after "standardization,". FOREIGN MILITARY SALES AUTHORIZATION AND AGGREGATE CEILINGS

SEC. 105. (a) Section 31(a) of the Arms Export Control Act is 22 USC 2771. amended by striking out "$500,000,000 for the fiscal year 1981" and inserting in lieu thereof "$800,000,000 for the fiscal year 1982 and $800,000,000 for the fiscal year 1983". (b) Section 31(b) of such Act is amended to read as follows: "(b)(1) The total amount of credits (or participations in credits) extended under section 23 of this Act shall not exceed $800,000,000 for 22 USC 2763. the fiscal year 1982 and $800,000,000 for the fiscal year 1983. "(2) The total principal amount of loans guaranteed under section 24(a) of this Act shall not exceed $3,269,525,000 for the fiscal year 22 USC 2764. 1982 and $3,269,525,000 for the fiscal year 1983. "(3) Of the aggregate total of credits (or participations in credits) under section 23 of this Act, and of the total principal amount of loans uaranteed under section 24(a) of this Act, not less than 1,400,000,000 for the fiscal year 1982 and not less than $1,400,000,000 for the fiscal year 1983 shall be available only for Israel, of which not less than $550,000,000 for each such year shall be available as credits under section 23 of this Act. "(4) Of the amount available under paragraph (2) of this subsection for loan guaranties under section 24(a) of this Act, not less than $280,000,000 for fiscal year 1982 and not less than $280,000,000 for the fiscal year 1983 shall be available only for Greece. "(5) The principal amount of loans guaranteed under section 24(a) of this Act for the fiscal year 1982, and for the fiscal year 1983 with respect to Egypt, Greece, Sudan, Somalia, and Turkey shall (if and to the extent each such country so desires) be repaid in not more than

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Page:United States Statutes at Large Volume 95.djvu/1548

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1522

22 USC 2763.

22 USC 2771.

twenty years, following a grace period of ten years on repayment of principal. "(6) Of the total amount of credits (or participations in credits) extended under section 23 of this Act for the fiscal years 1982 and 1983, not less than $200,000,000 for each such year shall be available only for Egypt, and Egypt shall be released from its contractual hability to repay the United States Government with respect to such credits and participations in credits. "(7) Of the total amount of credits (or participations in credits) extended under section 23 of this Act for the fiscal years 1982 and 1983, not less than $50,000,000 for each such year shall be available only for the Sudan, and the Sudan shall be released from its contractual liability to repay the United States Government with respect to such credits and participations in credits.". (c) Section 31(c) of such Act is amended— (1) in the first sentence by striking out "fiscal year 1981" and inserting in lieu thereof "fiscal year 1982 and for the fiscal year 1983"' (2) in the last sentence by striking out "$500,000,000" and inserting in lieu thereof "$550,000,000'^ and (3) in the last sentence by inserting "each" immediately before "such year". REPEAL OF CEIUNG ON COMMERCIAL SALES

22 USC 2778.

SEC. 106. Section 38(b)(3) of the Arms Export Control Act is repealed. PERIODIC REVIEW OP ITEMS ON THE MUNITIONS LIST

Report to Congress.

50 USC app. 2401 note.

SEC. 107. Section 38 of the Arms Export Control Act is amended by adding at the end thereof the following new subsection: "(f) The President shall periodically review the items on the United States Munitions List to determine what items, if any, no longer warrant export controls under this section. The results of such reviews shall be reported to the Speaker of the House of Representatives and to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. Such a report shall be submitted at least 30 days before any item is removed from the Munitions List and shall describe the nature of any controls to be imposed on that item under the Export Administration Act of 1979.". SPECIAL DEFENSE ACQUISITION FUND

SEC. 108. (a) The Arms Export Control Act is amended by adding at the end thereof the following new chapter: "CHAPTER 5—SPECIAL DEFENSE ACQUISITION FUND Establishment. 22 USC 2795.

22 USC 2151 note.

51. SPECIAL DEFENSE ACQUISITION FUND.—(a)(1) Under the direction of the President and in consultation with the Secretary of State, the Secretary of Defense shall establish a Special Defense Acquisition Fund (hereafter in this chapter referred to as the 'Fund'), to be used as a revolving fund separate from other accounts, under the control of the Department of Defense, to finance the acquisition of defense articles and defense service in anticipation of their transfer pursuant to this Act, the Foreign Assistance Act of 1961, or as otherwise authorized by law, to eligible foreign countries and international organizations, and may acquire such articles and services with "SEC.

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Page:United States Statutes at Large Volume 95.djvu/1549

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1523

the funds in the Fund as he may determine. Acquisition under this chapter of items for which the initial issue quantity requirements for United States Armed Forces have not been fulfilled and are not under current procurement contract shall be emphasized when compatible with security assistance requirements for the transfer of such items. "(2) Nothing in this chapter may be construed to limit or impair any responsibilities conferred upon the Secretary of State or the Secretary of Defense under this Act or the Foreign Assistance Act of 1961. "(b) The Fund shall consist of— "(1) collections from sales made under letters of offer issued pursuant to section 21(a)(l) of this Act representing the actual value of defense articles not intended to be replaced in stock, "(2) collections from sales representing the value of asset use charges (including contractor rental payments for United States Government-owned plant and production equipment) and charges for the proportionate recoupment of nonrecurring research, development, and production costs, and "(3) collections from sales made under letters of offer (or transfers made under the Foreign Assistance Act of 1961) of defense articles and defense services acquired under this chapter, representing the value of such items calculated in accordance with paragraph (2) or (3) of section 21(a) or section 22 of this Act or section 644(m) of the Foreign Assistance Act of 1961, as appropriate, together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund. "(c)(1) The size of the Fund may not exceed such dollar amount as is prescribed in section 138(g) of title 10, United States Code. For purposes of this limitation, the size of the Fund is the amounts in the Fund plus the value (in terms of acquisition cost) of the defense articles acquired under this chapter which have not been transferred from the Fund in accordance with this chapter. "(2) Amounts in the Fund shall be available for obligation in any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.

22 USC 2151 note. 22 USC 2761.

22 USC 2761, 2762. 22 USC 2403.

"SEC. 52. USE AND TRANSFER OF ITEMS PROCURED BY THE FUND.—(a) 22 USC 2795a.

No defense article or defense service acquired by the Secretary of Defense under this chapter may be transferred to any foreign country or international organization unless such transfer is authorized by 22 USC 2151 this Act, the Foreign Assistance Act of 1961, or other law. "(b) The President may authorize the temporary use by the United note. States Armed Forces of defense articles and defense services acquired under this chapter prior to their transfer to a foreign country or international organization, if such is necessary to meet national defense requirements and the United States Armed Forces bear the costs of operation and maintenance of such articles or services while in their use and the costs of restoration or replacement upon the termination of such use. "(c) Except as provided in subsection (b) of this section, the Fund may be used to pay for storage, maintenance, and other costs related to the preservation and preparation for transfer of defense articles and defense services acquired under this chapter prior to their transfer, as well as the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not 22 USC 2792. reimbursed pursuant to section 43(b) of this Act.

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Page:United States Statutes at Large Volume 95.djvu/1550

 95 STAT. 1524 22 USC 2795b.

Ante, p. 1522.

PUBLIC LAW 97-113—DEC. 29, 1981

"SEC. 53. ANNUAL REPORTS TO CONGRESS.—(a) Not later than December 31 of each year, the President shall submit to the Congress a comprehensive report on acquisitions of defense articles and defense services under this chapter. Each such report shall include— "(1) a description of each contract for the acquisition of defense articles or defense services under this chapter which was entered into during the precedingfiscalyear; "(2) a description of each contract for the acquisition of defense articles or defense services under this chapter which the President anticipates will be entered into during the current fiscal year; "(3) a description of each defense article or defense service acquired under this chapter which was transferred to a foreign country or international organization during the preceding fiscal year; and "(4) an evaluation of the impact of the utilization of the authority of this chapter on United States defense production and the readiness of the United States Armed Forces. "(b) As part of the annual written report to the Congress required by section 139(a) of title 10, United States Code, regarding procurement schedules for each weapon system for which funding authorization is required, the President shall provide a report estimating the likely procurements to be made through the Fund.". (b) Section 138 of title 10, United States Code, is amended by adding immediately following subsection (f) the following new subsection: "(g) The size of the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act may not exceed $300,000,000 in fiscal year 1982 and may not exceed $600,000,000 in fisc^ year 1983 or any fiscal year thereafter.". LEASING OF DEFENSE ARTICLES

SEC. 109. (a) The Arms Export Control Act, as amended by section 108 of this Act, is further amended by adding at the end thereof the following new chapter: "CHAPTER 6—LEASES OF DEFENSE ARTICLES 22 USC 2796.

"SEC. 61. LEASING AUTHORITY.—(a) The President may lease defense articles in the stocks of the Department of Defense to an eligible foreign country or international organization if— "(1) he determines that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than on a sales basis under this Act; "(2) he determines that the articles are not for the time needed for public use; and "(3) the country or international organization has agreed to pay in United States dollars all costs incurred by the United States Covernment in leasing such articles, including reimbursement for depreciation of such articles while leased, the costs of restoration or replacement if the articles are damaged while leased, and the replacement cost (less any depreciation in the value) of the articles if the articles are lost or destroyed while leased. The requirement of paragraph (3) shall not apply to leases entered into for purposes of cooperative research or aevelopment, military exercises, or communications or electronics interface projects, or to

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Page:United States Statutes at Large Volume 95.djvu/1551

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1525

any defense article which has passed three-quarters of its normal service life. "(b) Each lease agreement under this section shall be for a fixed duration of not to exceed five years and shall provide that, at any time during the duration of the lease, the President may terminate the lease and require the immediate return of the leased articles. "(c) Defense articles in the stocks of the Department of Defense may be leased or loemed to a foreign country or international organization only under the authority of this chapter or chapter 2 of part II of the Foreign Assistance Act of 1961, and may not be leased to 22 USC 23ii. a foreign country or international organization under the authority of section 2667 of title 10, United States Code. "SEC. 62. REPORTS TO THE CONGRESS.—(a) Not less than 30 days 22 USC 2796a. before entering into or renewing any agreement with a foreign country or international organization to lease any defense article under this chapter, or to loan any defense article under chapter 2 of part II of the Foreign Assistance Act of 1961, for a period of one year or longer, the President shall transmit to the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate and the chedrman of the Committee on Armed Services of the Senate, a written certification which specifies— "(1) the country or international organization to which the defense article is to be leased or loaned; "(2) the type, quantity, and value (in terms of replacement cost) of the defense article to be leased or loaned; "(3) the terms and duration of the lease or loan; and "(4) a justification for the lease or loan, including an explanation of why the defense article is being leased or loaned rather than sold under this Act. "(b) The President may waive the requirements of this section (and Waiver. in the case of an agreement described in section 63, may waive the provisions of that section) if he determines, and immediately reports to the Congress, that an emergency exists which requires that the lease or loan be entered into immediately in the national security interests of the United States. "SEC. 63. LEGISLATIVE REVIEW.—(a)(1) In the case of any agreement 22 USC 2796b. involving the lease under this chapter, or the loan under chapter 2 of part II of the Foreign Assistance Act of 1961,toany foreign country or international organization for a period of one year or longer of any defense articles which are either (i) msgor defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $14,000,000 or more, or (ii) defense articles valued (in terms of their replacement cost less any depreciation in their value) at $60,000,000 or more, the agreement may not be entered into or renewed if the Congress, within 30 calendar days after receiving the certification with respect to that proposed agreement pursuant to section 62(a), adopts a concurrent resolution stating that it objects to the proposed lease or loan. "(2) This section shall not apply with respect to a loan or lease to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand. Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
 * (b) Any resolution under subsection (a) shall be considered in the

"(c) For the purpose of expediting the consideration and adoption of concurrent resolutions under subsection (a), a motion to proceed to

90 Stat. 765.

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Page:United States Statutes at Large Volume 95.djvu/1552

 95 STAT. 1526

22 USC 2796c.

22 USC 2752.

22 USC 2753.

22 USC 2754. Loan terms and conditions. 22 USC 2311.

Repeal. 10 USC 2667 note. 22 USC 2776.

PUBLIC LAW 97-113—DEC. 29, 1981

the consideration of any such resolution after it has heen reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. "SEC. 64. APPLICATION OF OTHER PROVISIONS OP LAW.—Any reference to sales of defense articles under this Act in any provision of law restricting the countries or organizations to which such sales may be made shall be deemed to include a reference to leases of defense articles under this chapter.". (b) Such Act is further amended— (1) in section 2(b)— (A) by inserting ", leases," immediately after "sales" both places it appears, (B) by inserting "whether there shall be a lease to a country," immediately after "thereof,", and (C) by inserting ", lease," immediately after "sale" the second place it appears; (2) in section 3(a)— (A) in the text preceding paragraph (1) by inserting "or leased" immediately after sold", and (B) in paragraph (4) by inserting "or lease" immediately after "purchase"; and (3) in section 4 by inserting "or leased" immediately after "sold" in the first sentence. (c) Paragraph (5) of section 503(b) of the Foreign Assistance Act of 1961 is amended to read as follows: "(5) the loan agreement provides that (A) if the defense article is damaged while on loan, the country or international organization to which it was loaned will reimburse the United States for the cost of restoring or replacing the defense article, and (B) if the defense article is lost or destroyed while on loan, the country or international organization to which it was loaned will pay to the United States an amount equal to the replacement cost (less any depreciation in the value) of the defense article.". (d)(1) Section 109 of the International Security and Development Cooperation Act of 1980 is repealed. (2) Section 36(a) of the Arms Export Control Act is amended— (A) by inserting "and" at the end of paragraph (8); (B) by striking out "; and" at the end of paragraph (9) and inserting in lieu thereof a period; and (C) by striking out paragraph (10). MILITARY ASSISTANCE

Appropriation authorization. 22 USC 2312.

22 USC 2318. 22 USC 2311. Ilepeal 22 USC 2321J.

SEC. 110. (a) Section 504(a) of the Foreign Assistance Act of 1961 is amended to read as follows: "(a)(1) There are authorized to be appropriated to the President to carry out the purposes of this chapter not to exceed $238,500,000 for the fiscal year 1982 and not to exceed $238,500,000 for the fiscal year 1983. "(2) Amounts appropriated under this subsection are authorized to remain available until expended.". (b) Section 506(a) of such Act is amended by striking out "$50,000,000" and inserting in lieu thereof "$75,000,000". (c) Section 503(a)(3) of such Act is amended by striking out "specified in section 504(a)(1) of this Act, within the dollar limitations of that section," and inserting in lieu thereof "country,". (d) Section 516 of such Act is repealed.

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Page:United States Statutes at Large Volume 95.djvu/1553

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1527

STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES

SEC. 111. Section 514(b)(2) of the Foreign Assistance Act of 1961 is 22 USC 232ih. amended by striking out "$85,000,000 for the fiscal year 1981" and inserting in lieu thereof "$130,000,000 for the fiscal year 1982 and $125,000,000 for the fiscal year 1983". INTERNATIONAL MILITARY ASSISTANCE AND SALES PROGRAM MANAGEMENT

SEC. 112. Section 515 of the Foreign Assistance Act of 1961 is amended to read as follows: "SEC. 515.

OVERSEAS MANAGEMENT OF ASSISTANCE AND SALES

PROGRAMS.^a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to a foreign country to perform one or more of the following functions: "(1) equipment and services case management; "(2) training management; "(3) program monitoring; "(4) evaluation and planning of the host government's military capabilities and requirements; (5) administrative support; "(6) promoting rationalization, standardization, interoperability, and other defense cooperation measures among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and "(7) liaison functions exclusive of advisory and training assistance. "0)) Advisory and training assistance conducted by military personnel assigned under this section shall be kept to an absolute minimum. It is the sense of the Congress that advising and training assistance in countries to which military personnel are assigned under this section shall be provided primarily by other personnel who are not assigned under this section and who are detailed for limited periods to perform specific tasks. "(c)(1) The number of members of the Armed Forces assigned to a foreign country under this section may not exceed six unless specifically authorized by the Congress. The President may waive this limitation if he determines and reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, 30 days prior to the introduction of the additional military personnel, that United States national interests require that more than six members of the Armed Forces be assigned under this section to carry out international security assistance programs in a country not specified in this paragraph. For the fiscal year 1982 and the fiscal year 1983, Indonesia, the Republic of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey are authorized to have military personnel strengths larger than six under this section to carry out international security assistance programs. "(2) The total number of members of the Armed Forces assigned under this section to a foreign country in a fiscal year may not exceed the number justified to the Congress for that country in the congressional presentation materials for that fiscal year, unless the Committee on Foreign Relations of the Senate and the Committee on Foreign

-194 0—82

22 USC 23211.

98:QL3

22 USC 2347. 22 USC 2751 note.

Advisory and training assistance.

Military personnel strengths.

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Page:United States Statutes at Large Volume 95.djvu/1554

 95 STAT. 1528

22 USC 2761.

PUBLIC LAW 97-113—DEC. 29, 1981

Affairs of the House of Representatives are notified 30 days in advance of the introduction of the additional military personnel. "(d) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) of overseas management of international security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. "(e) Members of the Armed Forces a s s ^ e d to a foreign country under this section shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission to that country. "(f) The President shall continue to instruct United States diplomatic and military personnel in the United States missions abroad that they should not encourage, promote, or influence the purchase by any foreign country of United States-made military equipment, unless they are specifically instructed to do so by an appropriate official of the executive branch.". INTERNATIONAL MILITARY EDUCATION AND TRAINING

22 USC 2347a.

SEC. 113. Section 542 of the Foreign Assistance Act of 1961 is amended by striking out "$34,000,000 for the fiscal year 1981" and inserting in lieu thereof "$42,000,000 for the fiscal year 1982 and $42,000,000 for thefiscalyear 1983". PEACEKEEPING OPERATIONS

22 USC 2348a.

SEC. 114. (a) Section 552(a) of the Foreign Assistance Act of 1961 is amended by striking out "$25,000,000 for the fiscal year 1981" and inserting in lieu thereof "$19,000,000 for the fiscal year 1982 and $19,000,000 for thefiscalyear 1983". (b) Section 552(c) of such Act is amended by striking out "(1)" and all that follows through "may not be transferred" and inserting in lieu thereof "the total amount so transferred in any fiscal year may not exceed $15,000,000". FOREIGN INTIMIDATION AND HARASSMENT OF INDIVIDUALS IN THE UNITED STATES

22 USC 2756.

Report to Congress.

SEC. 115. Chapter 1 of the Arms Export Control Act is amended by adding at the end thereof the following new section: "SEC. 6. FOREIGN INTIMIDATION AND HARASSMENT OF INDIVIDUALS IN THE UNITED STATES.—NO letters of offer may be issued, no credits

or guarantees may be extended, and no export licenses may be issued under this Act with respect to any country determined by the President to be engs^ed in a consistent pattern of acts of intimidation or harassment directed against individuals in the Uulted States. The President shall report any such determination promptly to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate.". TITLE n—ECONOMIC SUPPORT FUND AUTHORIZATION OF APPROPRIATIONS

22 USC 2346.

SEC. 201. Section 531(b)(l) of the Foreign Assistance Act of 1961 is amended by striking out "for the fiscal year 1981, $2,065,300,000" and

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Page:United States Statutes at Large Volume 95.djvu/1555

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1529

inserting in lieu thereof "$2,623,500,000 for the fiscal year 1982 and $2,723,500,000 for the fiscal year 1983". PROVISIONS RELATING TO USE OF FUNDS

SEC. 202. Chapter 4 of part 11 of the Foreign Assistance Act of 1961 is amended by striking out sections 532 and 533 and inserting in lieu thereof the following new sections: "SEC. 532. MIDDLE EAST PROGRAMS.—(a)(1) Of the funds authorized 22 USC 2346a. to be appropriated to carry out this chapter for the fiscal year 1982 and for the fiscal year 1983, not less than $785,000,000 for each such year shall be available only for Israel and not less than $750,000,000 for each such year shall be available only for Egypt. Amounts made available for Israel and Egypt for thefiscalyear 1982 pursuant to this paragraph shall be in addition to the amounts made available to those countries pursuant to paragraph (4) of this subsection. "(2) All of the funds made available to Israel and to Egypt under this chapter for the fiscal years 1982 and 1983 shall be provided on a grant basis. "(3) The total amovmt of funds allocated for Israel under this chapter for the fiscal year 1982 and for the fiscal year 1983 may be made available as a cash transfer. In exercising the authority of this paragraph, the President shall ensure that the level of cash transfers made to Israel does not cause an adverse impact on the total amount of nonmilitarv exports from the United States to Israel. "(4) In addition to the amounts requested for Israel and Egypt under this chapter for the fiscal year 1982, $21,000,000 shall be made available for Israel for the fiscal year 1982 and $21,000,000 shall be made available for Egypt for the fiscal year 1982 in order to replace the funds which were authorized and appropriated for those countries in the fiscal year 1981 but which were reprogrammed in order to provide assistance for Liberia and El Salvador. "(5) Of the amounts provided to Egypt under this chapter for the fiscal year 1982 and for the fiscal year 1983, up to $50,000,000 for each such year may be used under title Xn of chapter 2 of part I of this Act 22 USC 2220a. in building agricultural extension services in Egypt for the small farmer in order to upgrade the skills of the agricultural faculty in provincial universities, improve the agricultural curriculum offered and the equipment avaiilable in provincial universities, and establish a provincial university extension service with an outreach program which can directly reach the Egyptian small farmer. "(b)(1) Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1982 and for the fiscal year 1983, $11,000,000 for each such year may be used for special requirements in the Middle East, including regional cooperative projects of a scientific and technological nature in accordance with paragraph (2) of this subsection, other regional programs, development programs on the West Bank and in Gaza, population programs, project development and support, and programs of participant training. "(2) It is the sense of the Congress that, in order to continue to build the structure of peace in the Middle East, the United States should finance, and where appropriate participate in, cooperative projects of a scientific and technological nature involving Israel and Egypt and other Middle East countries wishing to participate. These cooperative projects should include projects in the fields of agriculture, health, energy, the environment, education, water resources, and the social sciences. Of the funds available under paragraph (1) of this subsection for the fiscal year 1982 and for thefiscalyear 1983, $4,000,000 for each

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Page:United States Statutes at Large Volume 95.djvu/1556

 95 STAT. 1530

Report to congressional committees. 22 USC 2394-1.

Report to Congress.

Syria, fund restrictions. Lebanon, relief and rehabilitation programs.

22 USC 2346b.

22 USC 2346c.

22 USC 2346d.

PUBLIC LAW 97-113—DEC. 29, 1981

such year may be used in accordance with this paragraph for scientific and technological projects which will promote regional cooperation among Israel and Egypt and other Middle East countries. (Z) The President may obligate funds under paragraph (1) of this subsection only if, in accordance with the established prenotification procedures under section 634A of this Act, he transmits a report to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives, and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate, at least 15 days prior to such obligation. This report shall set forth— "(A) the name of the proposed recipient of such funds, "(B) the amount of funds to be made available to such recipient, and "(C) the purpose for which such funds are to be made available. "(4) At the end of the fiscal year 1981, at the end of the fiscal year 1982, and at the end of the fiscal year 1983, the President shall report to the Congress on the use of funds under this chapter during that fiscal year for special requirements in the Middle East. "(c) None of the funds appropriated to carry out this chapter for the fiscal year 1982 or the fiscal year 1983 may be made available to S3rria. "(d) It is the sense of the Congress that, of the funds authorized to be appropriated to carry out this chapter, $7,000,000 for the fiscal year 1982 and $7,000,000 or more for the fiscal year 1983 should be made available for Lebanon for relief and rehabilitation programs of international and private voluntary agencies and other not-for-profit United States organizations operating in Lebanon. "SEC. 533. EASTERN MEDITERRANEAN PROGRAMS.—(a) Not less than two-thirds of the funds made available to Turkey under this chapter for each of the fiscal years 1982 and 1983 shall be provided on a grant basis. "(b) Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1982 and for the fiscal year 1983, $15,000,000 for each such year shall be available only for Cyprus. Of that amount, $5,000,000 for the fiscal year 1982 and $10,000,000 for the fiscal year 1983 shall be for scholarship programs to bring Cypriots to the United States for education. SEC. 534. PROHIBITION ON U S E OF FUNDS FOR NUCLEAR FACILI-

TIES.—Funds available to carry out this chapter for the fiscal year 1982 and for the fiscal year 1983 may not be used to finance the construction of, the operation or maintenance of, or the supplying of fuel for, any nuclear facility in a foreign country unless the President certifies to the Congress that use of funds for such purpose is indispensable to the achievement of nonproliferation objectives which are uniquely significant and of paramount importance to the United States. "SEC. 535. EMERGENCY ASSISTANCE.—(a) Of the funds appropriated to carry out this chapter, up to $75,000,000 for the fiscal year 1982 and up to $75,000,000 for the fiscal year 1983 may be made available for emergency use under this chapter when the national interests of the United States urgently require economic support to promote economic or political stability. "(b) Notwithstanding any provision of this chapter or of an appropriations Act (including a joint resolution making continuing appropriations) which earmarks funds available to carry out this chapter for a specific country or purpose, up to 5 percent of each amount so earmarked may be used to carry out this section.

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Page:United States Statutes at Large Volume 95.djvu/1557

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1531

536. SPECIAL REQUIREMENTS FUND.—Of the amounts appropriated to carry out this chapter, up to $75,000,000 for the fiscal year 1982 may be made available as a special requirements fund, except that such funds may not be obligated unless the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of each House of the Congress are notified fifteen days in advance of such obligation. "SEC. 537. TUNISIA.—Of the funds authorized to be appropriated to carry out this chapter for the fiscal years 1982 and 1983, not less than $5,000,000 for each such year shall be available for Tunisia. "SEC. 538. COSTA RICA.—Of the funds authorized to be appropriated to carry out this chapter for the fiscal years 1982 and 1983, not less than $15,000,000 for each such year shall be available only for Costa Rica for the purposes of economic assistance. "SEC. 539. NICARAGUA.—Of the funds authorized to be appropriated to carry out this chapter, $20,000,000 for the fiscal year 1982 and $20,000,000 for the fiscal year 1983 shall be available only for Nicaragua.". "SEC.

Notification of committees 22 USC 2346e.

22 USC 2346f. 22 USC 2346g.

22 USC 2346h.

ACQUISITION OF AGRICULTURAL COMMODITIES AND RELATED PRODUCTS UNDER COMMODITY IMPORT PROGRAMS

SEC 203. The Congress directs the President to allocate at least 15 percent of the funds which are made available each fiscal year under this title for commodity import programs for use in financing the purchase of agricultural commodities and agricultural-related products which are of United States-origin.

22 USC 2346 note.

TITLE III—DEVELOPMENT ASSISTANCE AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION

SEC. 301. (a) The first sentence of section 103(a)(2) of the Foreign Assistance Act of 1961 is amended by striking out "$713,500,000 for the fiscal year 1981" and inserting in lieu thereof "$700,000,000 for the fiscal year 1982 and $700,000,000 for the fiscal year 1983, of which up to $1,000,000 for each such fiscal year shall be available only to carry out section 316 of the International Security and Development Cooperation Act of 1980". (b)(1) It is the sense of the Congress that the United States should strongly support the efforts of developing countries to improve infant feeding practices, in particular through the promotion of breast feeding. As a demonstration of that support, the President is authorized to use up to $5,000,000 of the funds made available for the fiscal year 1982 to carry out the purposes of sections 103 and 104(c) of the Foreign Assistance Act of 1961 in order to assist developing countries establish or improve programs to encourage improved infant feeding practices. In carrying out this paragraph, the Agency for International Development should provide funds for necessary research to obtain better information on the precise nature and magnitude of problems relating to infant feeding practices, including the use of mfant formula, in developing countries. (2) The President shall, as part of the congressional presentation documentation for the fiscal years 1983 and 1984, include information relevant to the implementation of this subsection, including— (A) a description of actions taken by the Agency for International Development to promote breast feeding and to improve

22 USC 2151a.

94 Stat. 3149. Infant feeding practices.

22 USC 2151a, 2151b.

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Page:United States Statutes at Large Volume 95.djvu/1558

 95 STAT. 1532

22 USC 2151a.

Appropriation authorization.

PUBLIC LAW 97-113—DEC. 29, 1981

supplemental infant feeding practices in developing countries through funds made available in this subsection and through its regular programs in the fields of health, nutrition, and population activities; (B) a summary of the results of studies authorized by this subsection on the nature and magnitude of problems in developing countries related to infant feeding practices; and (C) a sunmiary of reports by member countries of the World Health Organization on their actions to implement the International Code of Marketing of Breast Milk Substitutes. (c) Section 103 of such Act is amended by adding at the end thereof the following new subsection: "(g) In order to carry out the purposes of this section, the President may continue to participate in and may provide, on such terms and conditions as he may determine, up to $180,000,000 to the International Fund for Agricultural Development. There are authorized to be appropriated to the President for the purposes of this subsection $180,000,000, except that not more than $40,500,000 may be appropriated under this subsection for the fiscal year 1982. Amounts appropriated under this subsection are authorized to remain available until expended.". POPULATION AND HEALTH

Appropriation authorization. 22 USC 2151b.

Abortions and involuntary sterilization, biomedical research.

SEC. 302. (a) Section 104(g) of the Foreign Assistance Act of 1961 is amended by striking out the first sentence and inserting in lieu thereof the following: "There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes— "(1) $211,000,000 for the fiscal year 1982 and $211,000,000 for the fiscal year 1983 to carry out subsection (b) of this section; and "(2) $133,405,000 for the fiscal year 1982 and $133,405,000 for the fiscal year 1983 to carry out subsection (c) of this section. Of the funds appropriated for each of the fiscal years 1982 and 1983 to carry out subsection (b) of this section, not less than 16 percent or $38,000,000, whichever amount is less, shall be available only for the United Nations Fund for Population Activities.". (b) Section 104(f) of such Act is amended by adding at the end thereof the following: "(3) None of the funds made available to carry out this part may be used to pay for any biomedical research which relates, in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning.". EDUCATION AND HUMAN RESOUKCES DEVELOPMENT

South African students, scholarships. 22 USC 2151c.

SEC. 303. (a) The second sentence of section 105(a) of the Foreign Assistance Act of 1961 m amended by striking out "$101,000,000 for the fiscal year 1981" and inserting m lieu thereof "$103,600,000 for the fiscal year 1982 and $103,600,000 for the fiscal year 1983". (b) Such section is further amended by adding at the end thereof the following: "For each of the fiscal years 1982 and 1983, the President shall use not less than $4,000,000 of the funds made available for the purposes of this section to finance scholarships for undergraduate or professional education in the United States for South African students who are disadvantaged by virtue of legal restrictions on their ability to get an adequate undergraduate or professional education, except that up to $1,000,000 of the funds made available for each such fiscal year under chapter 4 of part II of this

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