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Page:United States Statutes at Large Volume 95.djvu/1012

 95 STAT. 986 Definitions.

42 USC 4332. 16 USC 1382.

16 USC 1871. Grants.

16 USC 1379

note.

PUBLIC LAW 97-58—OCT. 9, 1981 "(2) For purposes of paragraph (1), the term 'subsistence uses' means the customary and traditional uses by rural Alaska residents of marine mammals for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of marine mammals taken for personal or family consumption; and for barter, or sharing for personal or family consumption. As used in this paragraph— "(A) The term 'family' means all persons related by blood, marriage, or adoption, or any person living within a household on a permanent basis. "(B) The term 'barter' means the exchange of marine mammals or their parts, taken for subsistence uses— "(i) for other wildlife or fish or their parts, or "(ii) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature. "(g) Neither the transfer of management authority to a State under subsection (b)(1), nor the revocation or voluntary return of such authority under subsection (e), shall be deemed to be an action for which an environmental impact statement is required under section 102 of the National Environmental Policy Act of 1969. "(h) Nothing in this title shall prevent a Federal, State, or local government official or employee or a person designated under section 112(c) from taking, in the course of his duties as an official, employee, or designee, a marine mammal in a humane manner (including euthanasia) if such taking is for— "(1) the protection or welfare of the mammal, "(2) the protection of the public health and welfare, or "(3) the nonlethal removal of nuisance animals, and, in any case in which the return of the mammal to its natural habitat is feasible, includes steps designed to achieve that result, "(i) The Secretary may (after providing notice thereof in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the affected area and providing opportunity for a hearing thereon in such area) prescribe regulations requiring the marking, tagging, and reporting of animals taken pursuant to section 101(b). "(j) The Secretary may make grants to States to assist them— "(1) in developing programs, to be submitted for approval under subsection (b), for the conservation and management of species of marine mammals; and "(2) in administering such programs if management authority for such species is transferred to the State under such subsection. Grants made under this subsection may not exceed 50 per centum of the costs of developing a State program before Secretarial approval, or of administering the program thereafter.". (b) No EFFECT ON CERTAIN COOPERATIVE AGREEMENTS.—Nothing in

the amendments made by subsection (a) shall be construed as affecting in any manner, or to any extent, any cooperative agreement entered into by a State under section 6(c) of the Endangered Species Act of 1973 (16 U.S.C. 1535(c)) before, on, or after the date of the enactment of this Act. SEC. 5. MARINE MAMMAL RESEARCH.

Section 110(a) of the Act of 1972 (16 U.S.C. 1380(a)) is amended by adding at the end thereof the following new sentences: "In carrying out this subsection, the Secretary shall undertake a program of, and shall provide financial assistance for, research into new methods of

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Page:United States Statutes at Large Volume 95.djvu/1013

 PUBLIC LAW 97-58—OCT. 9, 1981 locating and catching yellowfin tuna without the incidental taking of marine mammals. The Secretary shall include a description of the annual results of research carried out under this section in the report required under section 103(0.". SEC. 6. MARINE M M A COMMISSION. A ML Title n of the Act of 1972 (16 U.S.C. 1401-1407) is amended— (1) by striking out "furnish its reports and recommendations to him, before publication, for his comment." in section 202(b) and inserting in lieu thereof "provide each annual report required under section 204, before submission to Congress, to the Secretary for comment."; and (2) by inserting ", or provide such grants to," immediately after "agreements with" in section 206(3). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) DEPARTMENT OP COMMERCE.—There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out such functions and responsibilities as it may have been given under title I of the Marine Mammal Protection Act of 1972, $7,223,000 for fiscal year 1982, $8,000,000 for fiscal year 1983, and $8,800,000 for fiscal year 1984. (b) DEPARTMENT OP THE INTERIOR.—There are authorized to be appropriated to the Department of the Interior, for purposes of carrying out such functions and responsibilities as it may have been given under such title I, $1,600,000 for fiscal year 1982, $1,760,000 for fiscal year 1983, and $2,000,000 forfiscalyear 1984. (c) MARINE MAMMAL COMMISSION.—There are authorized to be appropriated to the Marine Mammal Commission, for purposes of carrying out title II of such Act of 1972, $672,000 for fiscal year 1982, $1,000,000 for fiscal year 1983, and $1,100,000 for fiscal year 1984. Approved October 9, 1981.

LEGISLATIVE HISTORY—H.R. 4084: HOUSE REPORT No. 97-228 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 21, considered and passed House. Sept. 29, considered and passed Senate.

95 STAT. 987

16 USC 1373. 16 USC 1402.

i^ use uoe. I6 USC i384. I6 USC 1371. 16 USC i384.

I6 USC i407. I6 USC i4oi.

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


text:
Page:United States Statutes at Large Volume 95.djvu/1014

 95 STAT. 988

PUBLIC LAW 97-59—OCT. 9, 1981 Public Law 97-59 97th Congress

An Act Oct. 9, 1981 [S. 1033] North CarolinaSouth Carolina. Boundary agreement.

Granting the consent of Congress to the agreement between the States of North Garolina and South Carolina establishing their lateral seaward boundary.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Congress consents to the agreement between the States of North Carolina and South Carolina establishing their mutual seaward boundary, which agreement was proposed by the joint resolution of the boundary commissions for North Carolina and South Carolina regarding the delimitation of the lateral seaward boundary between the two States, executed January 20, 1978, and was adopted by the States of North Carolina and South Carolina, and which agreement is substantially as follows: "The lateral seaward boundary between North Carolina and South Carolina from the low-water mark of the Atlantic Ocean shall be and is hereby designated as a continuation of the North Carolina-South Carolina boundary line as described by monuments located at latitude 33 degrees, 51 minutes, 50.7214 seconds north, longitude 78 degrees, 33 minutes, 22.9448 seconds west, at latitude 33 degrees, 51 minutes, 36.4626 seconds north, longitude 78 degrees, 33 minutes, 06.1937 seconds west, and at latitude 33 degrees, 51 minutes, 07.8792 seconds north, lon^tude 78 degrees, 32 minutes, 32.6210 seconds west, in a straight Ime projection of said line to the seaward limits of the States' territorial jurisdiction, such line to be extended on the same bearing insofar as a need for further delimitation may arise.''. SEC. 2. Nothing contained in the agreement described in the first section of this Act shall be construed as impairing or in any manner affecting any right or jurisdiction of the Umted States in and over the r ^ o n which forms the subject of the agreement. SEC. 3. The right to alter, amend, or repeal this Act is expressly reserved. Approved October 9, 1981.

LEGISLATIVE HISTORY—S. 1033 (H.R. 2896): HOUSE REPORT No. 97-238 accompanying H.R. 2896 (Comm. on the Judiciary). SENATE REPORT No. 97-129 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 127 (1981): June 9, considered and passed Senate. Sept. 29, H.^. 2896 considered and passed House; proceedings vacated and S. 1033 passedTnlieu.

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Page:United States Statutes at Large Volume 95.djvu/1015

 PUBLIC LAW 97-60—OCT. 14, 1981

Public Law 97-60 97th Congress

95 STAT. 989

An Act

To increase the pay and allowances of members of the uniformed services, and for other purposes.

Oct. 14.1981 [S. 1181]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Uniformed Services cited as the "Uniformed Services Pay Act of 1981". Pay Act of 1981.

37 USC 101 note.

TITLE I-PAY AND ALLOWANCES PART A—ANNUAL COMPENSATION INCREASE INCREASE IN BASIC PAY AND ALLOWANCES

SEC. 101. (a) The adjustment required by section 1009 of title 37, United Staties Code, m certain elements of the compensation of members of the uniformed services to become effective on October 1, 1981, shall not be made, and no adjustment of the compensation of any member of a uniformed service shall be made pursuant to such section for the period beginning on October 1, 1981, and ending on the date of the enactment of this Act. Effective as of October 1, 1981, the rates for each element of compensation specified in section 1009(a) of such title are as provided in subsection (b). (b)(1) The rates of monthly basic pay for members of the uniformed services entitled to basic pay under section 204 of title 37, United States Code, based on years of service computed under section 205 of such title, are as follows: COMMISSIONED OFFICERS ^ Years of service computed under section 205 of title 37, United States Code Pay grade 2 or less

O-102 0-9 0-8 0-7 0-6 0-5 0-4 0-3" 0-29 0-1»

$4,506.60 3,994.20 3,617.70 3,006.00 2,228.10 1,782.00 1,502.10 1,395.90 1,217.10 1,056.60

Over 2

$4,665.30 4,098.90 3,726.00 3,210.60 2,448.30 2,092.80 1,828.80 1,560.60 1,329.30 1,099.80

Overs

$4,665.30 4,186.20 3,814.50 3,210.60 2,608.20 2,237.10 1,951.20 1,668.30 1,596.90 1,329.30

Over 4

$4,665.30 4,186.20 3,814.50 3,210.60 2,608.20 2,237.10 1,951.20 1,845.90 1,650.60 1,329.30

Over 6

$4,665.30 4,186.20 3,814.50 3,354.30 2,608.20 2,237.10 1,986.90 1,934.10 1,685.10 1,329.30

Years of service computed under section 205 of title 37, United States Code Pay grade

O-10« 0-9 0-8 0-7

Overs

$4,844.10 4,292.70 4,098.90 3,354.30

Over 10

Over 12

Over 14

Over 16

$4,844.10 4,292.70 4,098.90 3,549.00

$5,215.20 4,471.20 4,292.70 3,549.00

$5,215.20 4,471.20 4,292.70 3,726.00

$5,588.10 4,844.10 4,471.20 4,098.90

37 USC 1009 note.

Effective date.

37 USC 205.

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Page:United States Statutes at Large Volume 95.djvu/1016

 m STAT. 990

PUBLIC LAW 97-60—OCT. 14, 1981 Years of service computed under section 205 of title 37, United States Code Pay grade Over 8

0-6 0-5 0-4 0-33 0-23 0-13

Over 10

2.608.20 2,237.10 2,075.10 2,004.00 1,685.10 1,329.30

2,608.20 2,305.20 2,216.40 2,111.70 1,685.10 1,329.30

Over 12

2,608.20 2,428.80 2,341.20 2,216.40 1,685.10 1,329.30

Over 14

2,696.70 2,591.40 2,448.30 2,271.00 1,685.10 1,329.30

Over 16

3,123.60 2,785.50 2,555.40 2,271.00 1,685.10 1,329.30

Years of service computed under section 205 of title 37, United States Code Pay grade Over 18

Over 22

Over 26

$5,588.10 4,844.10 4,665.30 4,380.60 3,283.20 2,945.40 2,626.20 2,271.00 1,685.10 1,329.30

0-102 0-9 0-8 0-7 0-6 0-5 0-4 0-33 0-23 0-13

Over 20

$5,961.90 5,215.20 4,844.10 4,380.60 3,354.30 3,034.20 2,626.20 2,271.00 1,685.10 1,329.30

$5,961.90 5,215.20 5,038.20 4,380.60 3,549.00 3,140.40 2,626.20 2,271.00 1,685.10 1,329.30

$6,333.90 5,588.10 5,038.20 4,380.60 3,849.00 3,140.40 2,626.20 2,271.00 1,685.10 1,329.30

1 Basic pay is limited to the rate of basic pay payable for level V of the Executive Schedule. 'While serving as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is $6,988.50 regardless of cumulative years of service computed under section 205 ot title 37, United States Code. 'Does not apply to commissioned officers who have been credited with over 4 years of active service as enlisted members or warrant officers.

Commissioned Officers Who Have Been Credited With Over 4 Years Active Service as Enlisted Members or Warrant Officers Years of service computed under section 205 of title 37, United States Code Pay grade Over 4

0-3 0-2 0-1

Over 6

$1,845.90 1,650.60 1,329.30

Over 8

$1,934.10 1,685.10 1,419.90

$2,004.00 1,738.50 1,472.40

Over 10

$2,111.70 1,828.80 1,525.50

Over 12

$2,216.40 1,899.00 1,578.60

Over 14

$2,305.20 1,951.20 1,650.60

Years of service computed under section 205 of title 37, United States Code Over 16

0-3 0-2 0-1

Over 18

$2,305.20 1,951.20 1,650.60

Over 20

$2,305.20 1,951.20 1,650.60

$2,305.20 1,951.20 1,650.60

Over 22

$2,305.20 1,951.20 1,650.60

Over 26

$2,305.20 1,951.20 1,650.60

WARRANT OFFICERS Years of service computed under section 205 of title 37, United States Code Pay grade

W-4 W-3 W-2 W-1

2 or less

$1,422.00 1,292.70 1,132.20 943.20

Over 2

$1,525.50 1,402.20 1,224.60 1,081.50

Over 3

$1,525.50 1,402.20 1,224.60 1,081.50

Over 4

$1,560.60 1,419.90 1,260.30 1,171.80

Over 6

$1,631.40 1,436.70 1,329.30 1,224.60

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text:
Page:United States Statutes at Large Volume 95.djvu/1017

 PUBLIC LAW 97-60—OCT. 14, 1981

95 STAT. 991

Years of service computed under section 205 of title 37, United States Code Pay grade

Overs

$1,703.40 1,541.70 1,402.20 1,277.40

W-4 W-3 W-2 W-1

Over 10

Over 12

Over 14

Over 16

$1,774.80 1,631.40 1,455.00 1,329.30

$1,899.00 1,685.10 1,508.40 1,384.20

$1,986.90 1,738.50 1,560.60 1,436.70

$2,057.10 1,790.70 1,615.20 1,489.50

Years of service computed under section 205 of title 37, United States Code Over 18

Over 22

Over 26

$2,111.70 1,845.90 1,668.30 1,541.70

W-4 W-3 W-2 W-1

Over 20

$2,180.40 1,917.30 1,721.10 1,596.90

$2,253.60 1,986.90 1,790.70 1,596.90

$2,428.80 2,057.10 1,790.70 1,596.90

ENLISTED MEMBERS Years of service computed under section 205 of title 37, United States Code Pay grade

2 or less

Over 2

Over 3

Over 4

Over 6

E-91

E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

$968.70 833.10 731.40 682.20 642.60 618.30 551.40

Pay grade

E-91 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

E-9» E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

$1,084.50 946.50 834.60 762.30 705.00 618.30 551.40

$1,122.00 986.40 870.90 821.70 732.90 618.30 551.40

$1,160.70 1,023.00 927.90 854.40 732.90 618.30 551.40

Years of service computed under section 205 of title 37, United States Code Over 8 Over 10 Over 12 Over 14 Over 16

$1,387.50 1,197.30 1,060.50 965.70 854.40 732.90 618.30 551.40

Pay grade

$1,045.50 908.40 796.20 720.30 677.70 618.30 551.40

$1,653.90 1,426.60 1,236.00 1,099.20 1,004.40 854.40 732.90 618.30 551.40

$1,691.40 1,464.30 1,274.10 1,155.90 1,041.30 854.40 732.90 618.30 551.40

$1,729.80 1,502.70 1,331.70 1,192.20 1,060.50 854.40 732.90 618.30 551.40

$1,769.70 1,542.00 1,369.50 1,230.60 1,060.50 854.40 732.90 618.30 551.40

Years of service computed under section 205 of title 37, United States Code Over 18

Over 20

Over 22

Over 26

$1,809.00 1,577.70 1,408.20 1,249.20 1,060.50 854.40 732.90 618.30 551.40

11,844.10 1,616.40 1,426.50 1,249.20 1,060.50 854.40 732.90 618.30 551.40

$1,941.30 1,711.50 1,522.20 1,249.20 1,060.50 854.40 732.90 618.30 551.40

$2,130.00 1,902.30 1,711.50 1,249.20 1,060.50 854.40 732.90 618.30 551.40

• While serving as sergeant major of the Army, master chief petty officer of the Navy or Coast Guard, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, basic pay for this grade is $2,589.00 regardless of cumulative years of service computed under section 205 of title 37, United States Code.

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text:
Page:United States Statutes at Large Volume 95.djvu/1018

 95 STAT. 992

PUBLIC LAW 97-60—OCT. 14, 1981 (2) The rates of basic allowance for subsistence for members of the uniformed services entitled to such allowance under section 402 of title 37, United States Code, are as follows: Officers Enlisted members: When on leave or authorized to mess separately When rations in-kind are not available When assigned to duty under emergency conditions where no messing facilities of the United States are available.

$94.39 per month $4.50 per day $5.09 per day $6.73 per day

(3) The rates of basic allowance for quarters for members of the uniformed services entitled to such allowance under section 403 of title 37, United States Code, are as follows: Pay grade

Commissioned officers: O-IO 0-9 0-8 0-7 0-6 0-5 0-4 0-3 0-2 0-1 Warrant officers: W-4 W-3 W-2 W-1 Enlisted members: E-9 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

Without dependents Full rate

Partial rate'

With dependents

$489.00 489.00 489.00 489.00 438.90 404.70 360.30 316.80 275.10 214.80

$50.70 50.70 50.70 50.70 39.60 33.00 26.70 22.20 17.70 13.20

$611.70 611.70 611.70 611.70 535.50 487.20 434.70 390.90 348.00 279.60

347.10 309.60 269.10 243.00

25.20 20.70 15.90 13.80

419.10 381.60 342.60 314.70

261.90 241.50 205.50 186.60 179.40 158.10 141.30 124.80 117.90

18.60 15.30 12.00 9.90 8.70 8.10 7.80 7.20 6.90

368.70 340.50 316.80 291.60 267.90 235.50 205.50 205.50 205.50

Code, is not entitled to receive a basic allowance for quarters.
 * Payable to a member without dependents who, under section 403(b) or (c) of title 37, United States

"Uniformed services."

(c) In this section, the term "uniformed services" has the meaning given to that term by section 101(3) of title 37, United States Code. MONTHLY PAY OF CADETS A N D MIDSHIPMEN

Effective date.

SEC. 102. (a) Section 203(c)(l) of title 37, United States Code, is amended by striking out "$313.20" and inserting in lieu thereof "$461.40". (b) The amendment made by subsection (a) shall take effect as of

37 USC 203 note. Qctober 1, 1981. PART B—SPECIAL AND INCENTIVE PAYS SPECIAL P A Y FOR CERTAIN HAZARDOUS DUTY

94 Stat. 3360.

SEC. 111. (a) Subsection (a) of section 301 of title 37, United States Code, is amended—

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text:
Page:United States Statutes at Large Volume 95.djvu/1019

 95 STAT. 993

PUBLIC LAW 97-60—OCT. 14, 1981

(1) by striking out "or" at the end of clause (9); and (2) b^ striking out clause (10) and inserting in lieu thereof the following: "(10) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched; "(11) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria; "(12) involving the servicing of aircraft or missiles with highly toxic fuels or propellants; or "(13) involving frequent and regular participation in aerial flight by an officer (otner than a warrant officer) who is serving as an air weapons controller crew member (as defined by the Secretary concerned) aboard an airborne warning and control system aircr^t (as designated by such Secretary) and who is not entitled to incentive pay under section 301a of this title.". 37 USC 30ia. (b) The table contained in subsection (b) of such section is amended to read as follows: Years of service computed under section 205 "Pay grade 2 or less

E-9 .. E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1 E-4 under 4 months....

$131 131 100 88 83 83 83 83 83 83. 83.

Over 2

$131 131 106 94 88 83 83 83 83

Over 3

$131 131 106 94 88 83 83 83 83

Over 4

$131 131 106 100 100 88 83 83 83

Over 6

$131 131 113 106 100 94 83 83 83

Over 8

$131 131 119 113 106 100 83 83 83

Over 10

$131 131 131 119 113 100 83 83 83

Years of service computed under section 205

"Pay grade Over 12

E-9 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

..

Over 14

Over 16

Over 18

Over 22

Over 26

Over 30

$131 131 131 119 119 100 83 83 83

$131 131 131 125 119 100 83 83 83

$131 131 131 125 119 100 83 83 83

$131 131 131 125 119 100 83 83 83

$131 131 131 125 119 100 83 83 83

$131 131 131 125 119 100 83 83 83

$131 131 131 125 119 100 83 83 83".

(c) Subsection (c) of such section is amended— (1) by inserting "(1)" before "For the performance"; (2) by striking out "or (10)," and inserting in lieu thereof "(10), (11), or (12),"; (3) by striking out "$55" and inserting m lieu thereof "$83"; and (4) by adding at the end thereof the following new paragraph: "(2)(A) For the performance of hazardous duty described in clause (13) of subsection (a) of this section, an officer is entitled to monthly incentive pay based upon his years of service as an air weapons controller as follows:

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text:
Page:United States Statutes at Large Volume 95.djvu/1020

 95 STAT. 994

PUBLIC LAW 97-60—OCT. 14, 1981 "Pay grade 0-7 and above 0-6 0-5 0-4 0-3 0-2 0-1

"Pay grade 0-7 and above 0-6 0-5 0-4 0-3 0-2 0-1

Effective date. 37 USC 301 note.

Years of service as an air weapons controller 2 or less

$200 225 200 175 125 125 125

Over 2

$200 250 250 225 156 156 156

Over 3

$200 300 300 275 188 188 188

Over 4

$200 325 325 300 206 206 206

Over 6

Over 8

$200 350 350 350 350 250 250

$200 350 350 350 350 300 250

Over 10

$200 350 350 350 350 300 250

Years of service as an air weapons controller Over 12

Over 14

Over 16

Over 18

Over 20

Over 22

Over 24

Over 25

$200 350 350 350 350 300 250

$200 350 350 350 350 300 250

$200 350 350 350 350 300 250

$200 350 350 350 300 275 245

$200 300 300 300 275 245 210

$200 250 250 250 250 210 200

$200 250 250 250 225 200 180

$110 225 225 225 200 180 150

"(B) For purposes of this paragraph, the years of service of an officer as an air weapons controller shall be computed, under regulations prescribed by the Secretary concerned, from the date the officer begins training leading to a designation as an air weapons controller, but there shall be excluded from such computation any period of more than 90 days during which the officer performs primary duties other than as an air weapons controller.". (d) The amendments made by this section shall take effect as of October 1, 1981. AVIATION CAREER INCENTIVE PAY

37 USC 301a.

SEC. 112. (a) Section 301a(a)(4) of title 37, United States Code, is amended by adding at the end thereof the following new sentence: "Entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of service as an officer (as computed under section 205 of this title), but such an officer in a pay grade below pay grade 0-7 remains entitled to monthly incentive pay under subsection (b)(l) of this section for the performance of operational flying duty.". (b)(1) The tables in clause (1) of section 301a(b) of such title are amended to read as follows: "Phase I "Years of aviation service (including flight training) a s a n officer: 2 or less Over 2 Overs Over 4 Over 6

,, ^,, "^""^'y ™*^ $125 156 188 206 400

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text:
Page:United States Statutes at Large Volume 95.djvu/1021

 95 STAT. 995

PUBLIC LAW 97-60—OCT. 14, 1981 "Phase II "Years of service as an officer as computed under section 205: Over 18 Over 20 Over 22 Over 24 Over 25

Monthly rate $370 340 310 280 250",

(2) The table in clause (2) of section 301a(b) of such title is 37 USC 30la. amended to read as follows: "Years of aviation service as an officer: 2 or less Over 2 Over 3 Over 4 Over 6

Monthly rate $125 156 188 206 400".

(c) The amendments made by this section shall take effect as of Effective date. October 1, 1981.

37 USC 301a note.

LIMITATIONS ON AMOUNTS PAYABLE TO AVIATION OFFICERS

SEC. 113. Section 301b of title 37, United States Code, is amended by 94 Stat. 1095. adding at the end thereof the following new subsections: "(e)(1) An officer who receives special pay for any period under an agreement under this section is not entitled to aviation career incentive pay under section 301a of this title during such period at a rate that exceeds the rate for such pay in effect on September 30, 1981. "(2) During the period beginning on the date of the enactment of the Uniformed Services Pay Act of 1981 and ending on September 30, Ante, p. 989. 1982, only agreements executed by officers of the Navy or Marine Corps may be accepted under this section. "(f) Special pay may not be paid under this section for an agree- Effective date, ment that applies to a period of active duty that begins after September 30, 1982.". YEARS-OF-SERVICE FOR COMPUTATION OF SUBMARINE DUTY INCENTIVE PAY

SEC. 114. Paragraphs (3) and (4) of section 301c(a) of title 37, United States Code, are amended by inserting ", but excluding, in the case of 94 Stat. 3360. an officer, periods as an enlisted member before initial appointment as an officer" after "title" each place it appears. SPECIAL PAY FOR DIVING DUTY

SEC. 115. Section 304 of title 37, United States Code, is amended to read as follows: "(a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is entitled to basic pay is entitled to special pay, in the amount set forth in subsection (b) of this section, for periods during which the member—
 * '§ 304. Special pay: diving duty

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text:
Page:United States Statutes at Large Volume 95.djvu/1022

 95 STAT. 996

Suspension.

PUBLIC LAW 97-60—OCT. 14, 1981 "(1) is assigned by orders to the duty of diving; "(2) is required to maintain proficiency as a diver by frequent and regular dives; and "(3) actually performs diving duty. "(b) Special pay payable under subsection (a) of this section shall be paid at a rate of not more than $200 a month, in the case of an officer, and at a rate of not more than $300 a month, in the case of an enlisted member. "(c) A member may be paid special pay under this section and incentive pay under section 301 of this title for the same period of service only if the member is assigned by orders to a hazardous duty described in section 301(a) of this title in addition to diving duty. However, if a member is paid special pay under this section, the member is not entitled to more than one payment of incentive pay under section 301 of this title. "(d) In time of war, the President may suspend the payment of diving duty pay.". SEA PAY FOR MEMBERS OF TWO-CREW SUBMARINES

94 Stat. 3365.

SEC. 116. Section 305a(d)(l) of title 37, United States Code, is amended by inserting "or while serving as a member of the off crew of a two-crewed submarine" after "underway". REENUSTMENT AND ENUSTMENT BONUSES

94 Stet. 1092. 37 USC 308a.

37 USC 308f.

SEC. 117. (a) Section 308(e) of title 37, United States Code, is amended to read as follows: "(e) For the purposes of determining the eligibility of a member for a bonus under this section and of computing the amount of that bonus— "(1) any period of enlistment (including any extension of an enlistment)(A) that is incurred by the member for the purpose of continuing to qualify for continuous submarine duty incentive pay under section 301c of this title, and (B) for which no bonus is otherwise payable; or "(2) any unserved period of two years or less of an extension of an enlistment for which no bonus has been paid or for which no bonus is otherwise payable under this section, may, under regulations prescribed by the Secretary concerned, be considered as part of an immediately subsequent term of reenlistment (or as part of an immediately subsequent voluntary extension of an enlistment).". (b) Section 308a(a) of such title is amended— (i) ^^ striking out "$5,000" and inserting in lieu thereof "$8,000"; and (2) by striking out the second sentence and inserting in lieu thereof the following: "The bonus shall be paid in periodic installments, as determined by the appropriate Secretary, except that the first installment may not exceed $5,000 and the remainder shall be paid in equal periodic installments which may not be paid less frequently than once every 3 months.". (c)(1) Chapter 5 of such title is amended by inserting after section 308e the following new section: "§308f. Special pay: bonus for enlistment in the Army "(a) Under regulations prescribed by the Secretary of the Army, a person—

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"(1) who is a high school graduate (or has received a high school education equivalency certificate); "(2) whose score on the Armed Forces Qualification Test is at or above the fiftieth percentile; and "(3) who enlists in the Army for a period of at least 3 years in a skill designated as critical, may be paid a bonus in an amount prescribed by the Secretary of the Army not to exceed $4,000. The bonus may be paid in a lump sum or in equal periodic installments, as determined by the Secretary of the Army. "(b)(1) Under regulations prescribed by the Secretary of the Army, Refund to u.S. a person who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section, or a person who is not technically qualified in the skill for which a bonus was paid to him under this section (other than a person who is not qualified because of injury, illness, or other impairment not the result of his own misconduct), shall refund to the United States that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid. "(2) An obligation to reimburse the United States imposed under paragraph (1) of this subsection is for all purposes a debt owed to the United States. "(3) A discharge in bankruptcy under title 11 that is entered less Discharge in than 5 years after the termination of an agreement under this section bankruptcy. does not discharge the member signing such agreement from a debt 11 USC 101. arising under such agreement or under paragraph (1) of this subsection. This paragraph applies to any case commenced under title 11 after September 30, 1981. "(c) No bonus may be paid under this section with respect to an Restriction, enlistment in the Army after September 30, 1983.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 308e the following new item: "308f. Special pay: bonus for enlistment in the Army.".

(d) The amendments made by this section shall apply to ienlist- Effective date, ments and reenlistments after the date of the enactment of this Act. ^'^ ^SC 308 note. ACnVE-SERVICE AGREEMENTS FOR NUCLEAR QUALIFIED OFFICERS

SEC. 118. Notwithstanding subsections (a) and (b) of section 312 of Cancellation title 37, United States Code, and under regulations prescribed by the ^^ ^SC 312 note. " Secretary of the Navy, the Secretary of the Navy may permit an officer of the naval service who is performing obligated service as the result of an active-service agreement executed under such section before January 1, 1981, to cancel that active-service agreement effective on the day before an anniversary of the day on which that agreement was executed and execute a new active-service agreement under such section for one period of four years. Any such cancellation Effective date. of an existing agreement and execution of a new agreement may be effective on the day before an anniversary date occurring on or after January 1, 1981. ACCESSION BONUS FOR SURFACE NUCLEAR POWER APPLICANTS

SEC. 119. Section 312b(a)(l) of title 37, United States Code, is 94 Stat. 3359. amended by striking out "submarine".

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PUBLIC LAW 97-60—OCT. 14, 1981 BONUS FOR ENGINEERING OR SCIENTIFIC SKILLS DESIGNATED AS CRITICAL

SEC. 120. (a) Chapter 5 of title 37, United States Code, is amended by adding at the end thereof the following new section: 37 USC 315. "Engineering or scientific duty."

Refund to U.S.

Weuver.

Discharge in bankruptcy. 11 USC 101.

"§315. Special pay: engineering and scientific career continuation pay "(a) In this section, the term 'engineering or scientific duty' means service performed by an officer that requires an engineering or science degree and that requires a skill designated under regulations prescribed by the Secretai^ of Defense as critical and as a skill in which there is a critical shortage of officers in the armed force concerned. "(b) Under regulations prescribed by the Secretary of Defense, an officer of an armed force who— "(1) is entitled to basic pay; "(2) is below the pay grade of 0-7; "(8) holds a degree in engineering or science from an accredited college or university; "(4) has been certified by the Secretary concerned as having the technical qualifications for detail to engineering or scientific duty; "(5) has completed at least three but less than nineteen years of engineering or scientific duty as an officer; and "(6) executes a written agreement to remeiin on active duty for detail to engineering or scientific duty for at least one year, but not more than four years; may, upon acceptance of the written agreement by the Secretary concerned, be paid, in addition to all other compensation to which the officer is entitled, an amount not to exceed $3,000 multiplied by the number of years, or monthly fraction thereof, of obligated service to which the officer agrees under the agreement. The total amount payable may be paid in a lump sum or in equal periodic installments, as determined by the Secretary concerned. "(c)(1) An officer who does not serve on active duty for the entire period for which he has been paid under subsection OJ) of this section shall refund that percentage of the payment that the unserved part of the period is of the total period for which the payment was made. Nothing in this subsection shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion by a regular officer of the total period of obligated service specified in an agreement under subsection (b) of this section does not obligate the President to accept a resignation submitted by that officer. "(2) Subject to paragraph (3) of this subsection, an obligation to reimburse the United States imposed under paragraph (1) of this subsection is for all purposes a debt owed to the United States. "(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) of this subsection if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. "(4) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under such agreement or under paragraph (1) of this

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subsection. This paragraph applies to any case commenced under Effective date. title 11 after September 30, 1981.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "315. Special pay: engineering and scientific career continuation pay.". PART C—TRAVEL AND TRANSPORTATION ALLOWANCES GENERAL TRAVEL AND TRANSPORTATION ALLOWANCES

SEC. 121. (a)(1) Subsection (a) of section 404 of title 37, United States Code, is amended by striking out "Under regulations" and inserting in lieu thereof "Except as provided in subsection (f) of this section and under regulations". (2) Subsection (b) of such section is amended— (A) by inserting "(1)" after "(b)"; (B) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; and (C) by adding at the end thereof the following new paragraph: "(2) In prescribing such conditions and allowances, the Secretaries concerned shall provide that a member who is performing travel under orders away from his designated post of duty and who is authorized a per diem under clause (2) of subsection (d) of this section shall be peiid for the meals portion of that per diem in a cash amount at a rate that is not less than the rate established under section 1011(a) of this title for meals sold to members. The preceding sentence shall not apply with respect to a member on field duty or sea duty (as defined in regulations prescribed under section 402(e) of this title) or a member of a unit with respect to which the Secretary concerned has determined that unit messing is essential to the accomplishment of the unit's training and readiness.". (3) Subsection (c) of such section is amended— (A) by inserting "(1)" after "(c)"; (B) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; (C) by inserting "and as provided in paragraph (2) of this subsection" after "Secretaries concerned" the first place it appears; and (D) by adding at the end thereof the following new pargigraph: "(2) A member authorized under paragraph (1) of this subsection to Home selection, select a home for the purposes of such allowances may select as his home— "(A) any place within the United States; "(B) the place outside the United States from which the member was called or ordered to active duty to his first duty station; or "(C) any other place. However, if the member selects as his home a place other than a place described in clause (A) or (B) of the preceding sentence, the travel and transportation allowances authorized by subsection (a) of this section may not exceed the allowances which would be payable if the place selected as his home were in the United States (other than Hawaii or Alaska).". (4) Subsection (f) of such section is amended to read as follows: "(fKD The travel and transportation allowances authorized under this section for a member who is separated from the service or released from active duty may be paid or provided only for travel actually performed.

-194 0—82

65: QL3

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 95 STAT. 1000 Separation from service.

10 USC 1201 et seq.

37 USC 406.

Dependents.

Ineligible members.

PUBLIC LAW 97-60—OCT. 14, 1981

"(2)(A) Except as provided in subparagraph (B) of this paragraph, a member who is separated from the service or released from active duty and who— "(i) on the date of his separation from the service or release from active duty, has not served on active duty for a period of time equal to at least 90 percent of the period of time for which he initially enlisted or otherwise initially agreed to serve; or "(ii) is separated from the service or released from active duty under other than honorable conditions, as determined by the Secretary concerned; may be provided travel and transportation under this section only by transportation in kind by the least expensive mode of transportation available or by a monetary allowance that does not exceed the cost to the Government of such transportation in kind. "(B) Subparagraph (A) of this paragraph does not apply to a member— "(i) who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10; "(ii) who is separated from the service or relesised from active duty for a medical condition affecting the member, as determined by the Secretary concerned; "(iii) who is separated from the service or released from active duty because the period of time for which the member initially enlisted or otherwise initially agreed to serve has been reduced by the Secretary concerned and is separated or released under honorable conditions; or "(iv) who is discharged under section 1173 of title 10.". 0))(1) Subsection (a) of section 406 of such title is amended— (A) by inserting "(1)" after "(a)"; (B) by inserting "paragraph (2) of this subsection and" before "subsection (i) of this section '; and (C) by adding at the end thereof the following new paragraphs: "(2)(A) Except as provided in subparagraph (B) of this paragraph, a member who is separated from the service or released from active duty and who— "(i) on the date of his separation from the service or release from active duty, has not served on active duty for a period of time equal to at least 90 percent of the period of time for which he initially enlisted or otherwise initially agreed to serve; or "(ii) IS separated from the service or released from active duty under other than honorable conditions, as determined by the Secretary concerned; may be provided transportation under this subsection for his dependents only by transportation in kind by the least expensive mode of transportation available or by a monetary allowance that does not exceed the cost to the Government of such transportation in kind. "(B) Subparagraph (A) of this paragraph does not apply to a member— "(i) who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10; "(ii) who is separated from the service or released from active duty for a medical condition affecting the member, as determined by the Secretary concerned; "(iii) who is separated from the service or relesised from active duty because the period of time for which the member initially enlisted or otherwise initially agreed to serve has been reduced by the Secretary concerned and is separated or released under honorable conditions; or

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"(iv) who is discharged under section 1173 of title 10. "(3) The allowances authorized under this subsection may be paid in advance.". (2) Subsection (b) of such section is amended— (A) by inserting "(1)" after "(b)"; (B) by striking out "In" and inserting in lieu thereof "Except as provided in paragraph (2) of this subsection, in"; (C) by adding at the end of paragraph (1), as designated by clause (A), the following new sentences: "Temporary storage in excess of 180 days may be authorized. Subject to regulations prescribed by the Secretaries concerned, in the case of a change of permanent station in which the Secretary concerned has authorized transportation under section 2634 of title 10 of a 10 USC 2634. motor vehicle that is owned by the member (or a dependent of the member) and is for the personal use of the member or his dependents, the member is entitled to a monetary allowance for transportation of that motor vehicle to the point at which transportation authorized under section 2634 of title 10 commences and from the point at which transportation authorized under that section terminates. Such monetary allowance shall be established at a rate per mile that does not exceed the rate 37 USC 404. established under section 404(d)(l) of this title."; and (D) by adding at the end thereof the following new paragraph: "(2) The transportation and allowances authorized under paragraph (1) of this subsection may be paid or provided to a member upon his separation from the service or release from active duty only if the member applies for the transportation and allowances not later than 180 days after the date of his separation or release from active duty. If a member to whom this paragraph applies has been authorized nontemporary storage under subsection (d) of this section, the 180day period shall not hegih until such authorization for nontemporary storage expires. This paragraph does not apply to a member to whom subsection (g)(l) of this section applies.". (3) Subsection (g) of such section is amended— (A) by inserting "(1)" after "(g)"; (B) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; and (C) by striking out all after the second sentence and inserting in lieu thereof the following new paragraphs: "(2) If baggage and household effects of a member are shipped to a place selected by a member as his home under section 404(c) of this shipment. title that is not a place described in clause (A) or (B) of section 404(c)(2) of this title or to a location other than the home selected by the member, or if transportation is provided for a member's dependents to a place selected by the member as his home under section 404(c) of this title that is not a place described in clause (A) or (B) of section 404(c)(2) of this title, and the costs of that shipment or transportation are in excess of those that would have been incurred if the shipment had been made or the transportation had been provided to a location in the United States (other than Alaska or Hawaii), the member shall pav that excess cost. (3) If a member authorized to select a home under section 404(c) of Surviving this title accrues that right or any entitlement under this subsection dependents. but dies before he exercises it, that right or entitlement accrues to and may be exercised by his surviving dependents or, if there are no surviving dependents, his baggage and household effects may be shipped to the home of the person legally entitled to such baggage and effects. However, if baggage and household effects are shipped

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PUBLIC LAW 97-60—OCT. 14, 1981

under circumstances described in paragraph (2) of this subsection in which the member would have been required to pay the excess costs of that shipment, the surviving dependents or the person legally entitled to the baggage and household effects, as the case may be, shall pay that excess cost.". (4) Subsection (h) of such section is amended by striking out "owned by the member and for his or his dependents' personal use" in clause (2) and inserting in lieu thereof "that is owned by the member (or a dependent of the member) and is for the personal use of the member or his dependents". 37 USC 405a. (c) Section 405a(b) of such title is amended by striking out "owned by him and for his personal use, or the use of the dependents," and inserting in lieu thereof "that is owned by the member (or a dependent of the member) and is for the personal use of the member or his dependents". Effective dates. (d)(1) Except as provided in paragraphs (2), (3), (4), and (5), the 37 USC 404 note, amendments made by this section shall take effect on November 1, 1981, and shall apply to members who are separated from the service or released from active duty on or after November 1, 1981. (2) Paragraph (2) of section 404(b) of title 37, United States Code, as added by subsection (a)(2)(C), shall apply to travel performed after October 31, 1981. (3) Paragraph (3) of section 406(a) of title 37, United States Code, as added by subsection (b)(l)(C), shall take effect on the date of the enactment of this Act. (4) The amendments made by subsections (a)(3) and (b)(3) shall take effect on November 1, 1981, and shall apply to members who are retired, placed on the temporary disability retired list, discharged, or involuntarily released on or after November 1, 1981, except that such amendments shall not apply to any member who before November 1, 1981, had completed eighteen years of active service. (5) The amendment made by subsection (b)(2)(C) shall take effect on the date of the enactment of this Act. TEMPORARY LODGING EXPENSES

37 USC 404a.

SEC. 122. (a)(1) Chapter 7 of title 37, United States Code, is amended by inserting after section 404 the following new section: "§ 404a. Travel and transportation allowances: temporary lodging expenses "(a) Under regulations prescribed by the Secretaries concerned, a memljer of a uniformed service who is ordered to make a change of permanent station— "(1) from any duty station to a duty station in the United States (other than Hawaii or Alaska); or "(2) from a duty station in the United States (other than Hawaii or Alaska) to a duty station outside the United States or in Hawaii or Alaska; may be paid or reimbursed for subsistence expenses actually incurred by the member and the member's dependents while occupying temporary quarters incident to that change of permanent station. In the case of a change of permanent station described in clause (1) of this subsection, the period for which such expenses may be paid or reimbursed may not exceed four days. In the case of a change of permanent station described in clause (2) of this subsection, the period for which such expenses may be paid or reimbursed may not exceed two days and such payment or reimbursement may be

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provided only for expenses incurred before leaving the United States (other than Hawaii or Alaska). "(b) Regulations prescribed under subsection (a) of this section shall prescribe average daily subsistence rates for purposes of this section for the member and for each dependent. Such rates may not exceed the maximum per diem rates prescribed under section 404(d) of this title for the area where the temporary quarters are located. 37 USC 404. "(c) A member may not be paid or reimbursed more than $110 a day under this section.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 404 the following new item: "404a. Travel and transportation allowances: temporary lodging expenses.".

O> Section 411(a) of such title is amended by inserting "404a," after 37 USC 4ii. t) "(d)-(f),". (c) The amendments made by this section shall take effect on April Effective date. 1, 1982. '

37 USC 404a note. ADVANCE PAYMENT OP EVACUATION ALLOWANCES

SEC. 123. Section 405a(a) of title 37, United States Code, is amended by inserting after the second sentence the following new sentence: "Such allowances may be paid in advance.". ADVANCE PAYMENT OF DISLOCATION ALLOWANCE

SEC. 124. Section 407(a) of title 37, United States Code, is amended by adding at the end thereof the following new sentence: "An allowance payable under this section may be paid in advance.". TRAVEL AND TRANSPORTATION FOR MEMBERS SERVING CONSECUTIVE ASSIGNMENTS OVERSEAS

SEC. 125. Section 411b(a) of title 37, United States Code, is amended— (1) by inserting "(1)" after "(a)"; (2) by inserting "who is ordered to a consecutive tour of duty at the same duty station or" after "District of Columbia" the first place it appears; and (3) by adding at the end thereof the following new paragraph: "(2) If, because of military necessity, a member authorized travel and transportation allowances under this subsection is denied leave between the two tours of duty outside the forty-eight contiguous States and the District of Columbia, the member shall be authorized to use such travel and transportation allowances from his current duty station at the first time the member is granted leave.". ENVIRONMENTAL AND EMERGENCY TRAVEL

SEC. 126. (a) Chapter 7 of title 37, United States Code, is amended by inserting after section 411b the following new sections: "§411c. Travel and transportation allowances: travel performed in 37 USC 4iic. connection with leave from certain stations in foreign countries "(a) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service who is serving at a duty station outside the United States in an area specifically designated

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PUBLIC LAW 97-60—OCT. 14, 1981

for the purposes of this section by the Secretary concerned may be paid for or provided transportation for himself and his dependents authorized to reside at his duty station— "(1) to another location outside the United States having different social, climatic, or environmental conditions than those at the duty station at which the member is serving; or "(2) to a location in the United States. "(b) The transportation authorized by this section is limited to transportation of the member, and of each dependent of the member, for one roundtrip during any tour of at least 24, but less than 36, consecutive months or two roundtrips during any tour of at least 36 consecutive months. 37 USC 4iid.

37 USC 4iie.

abroad "(a) Under uniform regulations prescribed by the Secretaries concerned, transportation for a member of a uniformed service stationed outside the United States (other than Hawaii and Alaska) and for dependents of the member authorized to reside at the member's duty station may be provided from the area of the member's duty station to the United States, Puerto Rico, or the possessions of the United States incident to emergency leave granted for reeisons of a personal emergency (or, in the case of treinsportation provided only for a dependent, under circumstances involving a personal emergency similar to the circumstances for which emergency leave could be granted a member). "(b) Transportation under this section may be authorized only upon a determination that, considering the nature of the personal emergency involved, Government transportation is not reasonably available. The cost of transportation authorized under this section may not exceed the cost of Government-procured commercial air travel from the international airport nearest the location of the member and dependents at the time notification of the personal emergency is received or the international airport nearest the member's duty station— "(1) to the international airport within the United States (other than Hawaii and Alaska) closest to the airport from which the member or dependents departed; or "(2) to an airport in Alaska, Hawaii, Puerto Rico, or the possessions of the United States, as determined by the Secretary concerned, and return to either the international airport from which the member or dependents departed or the international airport nearest the member's duty station. "§ 411e. Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty "(a) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service who is performing temporary duty away from his permanent duty station (or who is assigned to a ship or unit operating away from its home port) may be provided the travel and transportation authorized by section 404 of this title for travel performed by the member from his place of temporary duty (or from his ship or unit) to his permanent duty station (or the home port of the ship or unit) or to any other location, and return (if applicable), if such travel has been approved incident to
 * '§411d. Travel and transportation allowances: transportation incident to certain emergencies for members stationed

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the serious illness or injury or the death of a dependent of the member. "(b) Transportation under this section may be authorized only upon a determination that Government transportation is not reasonably available, considering the nature of the personal emergency involved. The cost of transportation authorized under this section may not exceed the cost of Government-procured commercial air travel from the member's place of temporary duty (or from his ship or unit) to the member's permanent duty station (or the home port of the ship or unit), and return (if applicable).". (b) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 411b the following new items: "411c. Travel and transportation allowances: travel performed in connection with leave from certain stations in foreign countries. "41 Id. Travel and transportation allowances: transportation incident to certain emergencies for members stationed abroad. "41 le. Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty.". PART D—MISCELLANEOUS UNIFORM ALLOWANCES AND ADVANCE PAY FOR MEMBERS OF THE ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP PROGRAM

SEC. 131. (a) Section 415(a) of title 37, United States Code, is amended— (1) by striking out "or" at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; or"; and (3) by adding at the end thereof the following new paragraph: "(4) upon reporting for the first period of active duty required by section 2121(c) of title 10 as a member of the Armed Forces Health Professions Scholarship program.", (b) Section 1006 of such title is amended by adding at the end 37 USC 1006. thereof the following new subsection: "(i) Under regulations prescribed by the Secretary concerned, not more than one month's pay may be paid in advance to a member of the Armed Forces Health Professions Scholarship program upon reporting for a period of active duty required by section 2121(c) of title 10.". TITLE II—MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS INCREASE IN RESERVE OFFICERS* TRAINING CORPS SCHOLARSHIPS

SEC. 201. Section 2107(h) of title 10, United States Code, is amended by striking out "6,000" and "6,500" and inserting in lieu thereof "8,000" and "9,500", respectively. CLARIFICATION OF AUTHORITY TO TRANSPORT CERTAIN MOTOR VEHICLES

SEC. 202. Section 2634(a) of title 10, United States Code, is amended— (1) by striking out "owned by the member and for his personal use or the use of his dependents" in the first sentence and inserting in lieu thereof that is owned by the member (or a

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PUBLIC LAW 97-60—OCT. 14, 1981 dependent of the member) and is for the personal use of the member or his dependents"; (2) by inserting "(or a dependent of his)" after "unless a motor vehicle owned by him" in the first sentence; and (3) by inserting "(or a dependent of the member)" in the second sentence after "motor vehicle of the member". NOMINATIONS BY SUPERINTENDENTS OF THE SERVICE ACADEMIES

SEC. 203. (a)(1) Section 4342 of title 10, United States Code, is amended by striking out subsection (d) and inserting in lieu thereof the following: "(d) The Superintendent may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under clauses (2)-(7), (9), or (10) of subsection (a) and may not cause the total strength of the Corps of Cadets to exceed the authorized number.". (2)(A) Chapter 403 of such title is amended by inserting after section 4341 the following new section: 10 USC 4341a.

"§ 4341a. Cadets: appointment by the President "Cadets at the Academy shall be appointed by the President alone. An appointment is conditional until the cadet is admitted.". (B) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4341 the following new item: "4341a. Cadets: appointment by the President.".

10 USC 6953.

10 USC 6954.

Nominations.

10 USC 9342. Nominations.

10 USC 9341a.

(b)(1) Section 6953 of such title is smiended by adding at the end thereof the following new sentence: "An appointment is conditional until the midshipman is admitted.". (2) Section 6954 of such title is smiended— (A) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (B) by inserting after subsection (c) the following new subsection (d): "(d) The Superintendent of the Naval Academy may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under clauses (2)-(7), (9), or (10) of subsection (a) and may not cause the total strength of midshipmen at the Naval Academy to exceed the authorized number.". (c)(1) Section 9342 of such title is amended by striking out subsection (d) and inserting in lieu thereof the following: "(d) The Superintendent may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under clauses (2)-(7), (9), or (10) of subsection (a) and may not cause the total strength of Air Force Cadets to exceed the authorized number.". (2)(A) Chapter 903 of such title is amended by inserting after section 9341 the following new section: "§ 9341a. Cadets: appointment by the President "Cadets at the Academy shall be appointed by the President alone. An appointment is conditional until the cadet is admitted.". (B) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9341 the following new item:

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"9341a. Cadets: appointment by the President.".

(d) The amendments made by this section shall take effect with FFffor ^off®' respect to nominations for appointment to the first class admitted to ^ote each Academy after the date of the enactment of this Act. AUTHORITY OF THE SECRETARY OF THE NAVY TO ISSUE REGULATIONS

SEC. 204. (a)(1) Section 5031 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(d) The Secretary of the Navy may prescribe regulations to carry out his functions, powers, and duties under this title. The authority of the Secretary under the preceding sentence is in addition to the authority of the Secretary under section 6011 of this title.". 10 USC 6011. (2) Section 6011 of such title is amended by striking out "with the approval of the President". (b) United States Navy regulations issued under section 6011 of 10 USC 6011 title 10, United States Code, before the date of the enactment of this "°*®Act shall remain in effect in accordance with their terms until amended or revoked by the Secretary of the Navy. PER DIEM FOR M E M B E R S O F THE NAVAL RESEARCH ADVISORY COMMITTEE

S E C 205. Section 5153 of title 10, United States Code, is amended by striking out subsection (c) and redesignating subsection (d) as subsection (c). REPEAL OF D E A D U N E FOR NOMINATIONS TO THE NAVAL ACADEMY

SEC. 206. Section 6956 of title 10, United States Code, is amended by striking out subsections G>) and (c) and redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. REIMBURSEMENT FOR ACCOMMODATIONS IN PLACE OF QUARTERS

SEC. 207. (a) Section 3 of Public Law 96-357 (94 Stat. 1182; 10 U.S.C. 7572 note) is amended by striking out "September 30, 1981" and inserting in lieu thereof "September 30, 1982. (b) Section 7572(b) of title 10, United States Code, as amended by section 3 of Public Law 96-357 (94 Stat. 1182; 10 U.S.C. 7572 note), is amended to read as follows: "(b)(1) Under such regulations as the Secretary prescribes, a member of a uniformed service on sea duty who is deprived of quarters on board ship because of repairs or because of other conditions that make the member's quarters uninhabitable and for whom it is impracticable to furnish accommodations under subsection (a) may be reimbursed for expenses incurred in obtaining quarters in an amount not more than the total of— "(A) the bsisic allowance for quarters payable to a member of the same pay grade without dependents for the period during which the member is deprived of quarters on board ship; and "(B) the variable housing allowance that could be paid to a member of the same pay grade under section 403 of title 37 at the 37 USC 403. location where the member is deprived of quarters onboard ship for the period during which the member is deprived of qusirters on board ship. "(2) A member entitled to receipt of basic allowance for quarters may not be reimbursed for expenses under this subsection when

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Page:United States Statutes at Large Volume 95.djvu/1034

 95 STAT. 1008

Effective date. 10 USC 7572 note.

PUBLIC LAW 97-60—OCT. 14, 1981

deprived of quarters on board ship at a location at which the member can reside with such member's dependents, "(3) The total amount of reimbursement under this subsection may not exceed $9,000,000 for fiscal year 1981 and $6,300,000 for fiscal year 1982.". (c) The amendments made by this section shall take effect as of October 1, 1981. ' AUTHORITY FOR PERSONS OVER 65 YEARS OP AGE TO SERVE ON LOCAL SELECTIVE SERVICE BOARDS

SEC. 208. Section 10(b)(3) of the Military Selective Service Act (50 U.S.C. App. 460(b)(3)) is amended by striking out "who has attained the age of 65 or" in the sixth complete sentence thereof. Approved October 14, 1981.

LEGISLATIVE HISTORY—S. 1181 (H.R. 3380): HOUSE REPORTS: No. 97-109 (Comm. on Armed Services) and No. 97-109, Pt. 2 (Comm. on Armed Services) both accompanying H.R. 8380, and No. 97-265 (Comm. of Conference). SENATE REPORT No. 97-146 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 10, 11, considered and passed Senate. Sept. 14,15, H.R. 3380 considered and passed House; proceedings vacated and S. 1181, amended, passed in lieu. Oct. 7, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 42 (1981): Oct. 14, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1035

 PUBLIC LAW 97-61—OCT. 14, 1981

95 STAT. 1009

Public Law 97-61 97th Congress Joint Resolution To authorize and request the President to issue a proclamation designating October 16, 1981, as "World Food Day".

Oct. 14, 1981 [S.J. Res. 98]

Whereas hunger and chronic malnutrition remain daily facts of life for hundreds of millions of people throughout the world; Whereas children are the ones suffering the most serious effects of hunger and malnutrition, with millions of children dying each year from hunger-related illness and disease, and many others suffering permanent physical or mental impairment, including blindness, because of vitamin and protein deficiencies; Whereas although progress has been made in reducing the incidence of hunger and malnutrition in the United States, certain groups, notably among native Americans, migrant workers, and the elderly remain vulnerable to malnutrition and related Whereas the United States, as the world's largest producer and trader of food, has a key role to play in efforts to assist nations and peoples to improve their ability to feed themselves; Whereas a major global food supply crisis appears likely to occur within the next twenty years unless the level of world food production is significantly increased, and the means for the distribution of food and of the resources required for its production are improved; Whereas the world hunger problem is critical to the security of the United States and the international community; Whereas a key recommendation of the Presidential Commission on World Hunger was that efforts be undertaken to increase public awareness of the world hunger problem; and Whereas the one hundred and forty^seven member nations of the Food and Agriculture Organization of the United Nations designated October 16, 1981, as "World Food Day" because of the need to alert the public to the increasingly dangerous world food situation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating October 16, 1981, as "World Food Day", and calling upon the people of the United States to observe such day with appropriate activities. Approved October 14, 1981.

LEGISLATIVE HISTORY—S.J. Res. 98: CONGRESSIONAL RECORD, Vol. 127 (1981): July 31, considered and passed Senate. Sept. 30, considered and passed House.

World Food Day. Designation authorization.

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Page:United States Statutes at Large Volume 95.djvu/1036

 95 STAT. 1010

PUBLIC LAW 97-62—Oct. 14, 1981

Public Law 97-62 97th Congress An Act Oct. 14, 1981 [S. 1712]

TQ extend the time for conducting the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1982.

Be it enacted by the Senate and House of Representatives of the Wheat. United States of America in Congress assembled. That the last Marketing quota sentence of section 336 of the Agricultural Adjustment Act of 1938 (7 A^eplTs U.S.C. 1336) is amended by striking out "October 15, 1981" and inserting in lieu thereof "November 15, 1981". Approved October 14, 1981.

LEGISLATIVE HISTORY—S. 1712: CONGRESSIONAL RECORD, Vol. 127 (1981): Oct 7, considered and passed Senate and House.

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Page:United States Statutes at Large Volume 95.djvu/1037

 PUBLIC LAW 97-63—OCT. 16, 1981

95 STAT. 1011

Public Law 97-63 97th Congress An Act To amend the International Travel Act of 1961 to establish a national tourism policy, and for other purposes.

Oct. 16, 1981 [S. 304]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. National Tourism Policy Act. SHORT TITLE SECTION

Act".

1. This Act may be cited as the "National Tourism Policy note. 2121 22 USC ""^" NATIONAL TOURISM POLICY

SEC. 2. (a) The International Travel Act of 1961 (hereinafter in this Act referred to as the "Act") is amended by striking out the first section and inserting in lieu thereof the following: "That this Act may 22 USC 2121 be cited as the 'International Travel Act of 1961'. "°t« "TITLE I—NATIONAL TOURISM POLICY "SEC. 101. (a) The Congressfindsthat— 22 USC 2121. "(1) the tourism and recreation industries are important to the United States, not only because of the numbers of people they serve and the vast human, financial, and physical resources they employ, but because of the great benefits tourism, recreation, and related activities confer on individuals and on society as a whole; "(2) the Federal Government for many years has encouraged tourism and recreation implicitly in its statutory commitments to the shorter workyear and to the national passenger transportation system, and explicitly in a number of legislative enactments to promote tourism and support development of outdoor recreation, cultural attractions, and historic and natural heritage resources; (3) as incomes and leisure time continue to increase, and as our economic and political systems develop more complex global relationships, tourism and recreation will become ever more important aspects of our daily lives; and "(4) the existing extensive Federal Government involvement in tourism, recreation, and other related activities needs to be better coordinated to effectively respond to the national interest in tourism and recreation and, where appropriate, to meet the needs of State and local governments and the private sector. "(b) There is established a national tourism policy to— "(1) optimize the contribution of the tourism and recreation industries to economic prosperity, full employment, and the international balance of payments of the United States; "(2) make the opportunity for and benefits of tourism and recreation in the United States universally accessible to resi-

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Page:United States Statutes at Large Volume 95.djvu/1038

 95 STAT. 1012

PUBLIC LAW 97-63—OCT. 16, 1981 dents of the United States and foreign countries and insure that present and future generations are afforded adequate tourism and recreation resources; "(3) contribute to personal growth, health, education, and intercultural appreciation of the geography, history, and ethnicity of the United States; "(4) encourage the free and welcome entry of individuals traveling to the United States, in order to enhance international understanding and goodwill, consistent with immigration laws, the laws protecting the public health, and laws governing the importation of goods into the United States; (5) eliminate unnecessary trade barriers to the United States tourism industry operating throughout the world; "(6) encourage competition in the tourism industry and maximum consumer choice through the continued viability of the retail travel agent industry and the independent tour operator industry; "(7) promote the continued development and availability of alternative personal payment mechanisms which facilitate national and international travel; "(8) promote quality, integrity, and reliability in all tourism and tourism-related services offered to visitors to the United States; "(9) preserve the historical and cultural foundations of the Nation as a living part of community life and development, and insure future generations an opportunity to appreciate and enjoy the rich heritage of the Nation; "(10) insure the compatibility of tourism and recreation with other national interests in energy development and conservation, environmental protection, and the judicious use of natural resources; "(11) assist in the collection, analysis, and dissemination of data which accurately measure the economic and social impact of tourism to and within the United States, in order to facilitate planning in the public and private sectors; and "(12) harmonize, to the maximum extent possible, all Federal activities in support of tourism and recreation with the needs of the general public and the States, territories, local governments, and the tourism and recreation industry, and to give leadership to all concerned with tourism, recreation, and national heritage preservation in the United States.". DUTIES

SEC. 3. (a) The following heading is inserted before section 2 of the Act: "TITLE n—DUTIES". Ante, p. 1011.

(b) Section 2 of the Act (22 U.S.C. 2122) is amended by striking out "puipose of this Act" and inserting in lieu thereof the national tourism policy established by section 101(b)". (c) Section 3(a) of the Act (22 U.S.C. 2123(a)) is amended by striking out "section 2" and inserting in lieu thereof "section 201", b:^ striking out "and" at the end of paragraph (6), by striking out the period at the end of paragraph (7) and inserting in lieu thereof a semicolon, and by adding after paragraph (7) the following new paragraphs: "(8) shall establish facilitation services at megor ports-of-entry of the United States;

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Page:United States Statutes at Large Volume 95.djvu/1039

 PUBLIC LAW 97-63—OCT. 16, 1981

95 STAT. 1013

"(9) shall consult with foreign governments on travel and tourism matters and, in accordance with applicable law, represent United States travel and tourism interests before international and intergovernmental meetings; "(10) shall develop and administer a comprehensive program relating to travel industry information, data service, training and education, and technical assistance; "(11) shall develop a program to seek and to receive information on a continuing basis from the tourism industry, including consumer and travel trade associations, regarding needs and interests which should be met by a Federal agency or program and to direct that information to the appropriate agency or program; "(12) shall encourage to the maximum extent feasible travel to and from the United States on United States carriers; "(13) shall assure coordination within the Department of Commerce so that, to the extent practicable, all the resources of the Department are used to effectively and efficiently carry out the national tourism policy; "(14) may only promulgate, issue, rescind, and amend such interpretive rules, general statements of policy, and rules of agency organization, procedure, and practice as may be necessary to carry out this Act; and "(15) shall develop and submit annually to the Congress, within six weeks of transmittal to the Congress of the President's recommended budget for implementing this Act, a detailed marketing plan to stimulate and encourage travel to the United States during the fiscal year for which such budget is submitted and include in the plan the estimated funding and personnel levels required to implement the plan and alternate means of funding activities under this Act.". (d)(1) Paragraph (5) of section 3(a) of the Act is amended (A) by striking out foreign countries." and inserting in lieu thereof "foreign countries;", (B) by striking out "this clause;" and inserting in lieu thereof "this paragraph.", (C) by inserting the last two sentences before the first sentence of subsection (c), and (D) by striking out "this clause" in such sentences and inserting in lieu thereof "paragraph (5) of subsection (a)". (2) Paragraph (7) of section 3(a) of the Act is amended by striking out "countries. The Secretary is authorized to" and inserting in lieu thereof "countries; and the Secretary may" and by striking out "this clause" and inserting in lieu thereof this paragraph". (3) Section 3 of the Act is amended by striking out "clause (5)" each place it appears and inserting in lieu thereof "paragraph (5)". (e)(1) Sections 2 and 3 of the Act are redesignated as sections 201 and 202, respectively, and section 5 is inserted after section 202 (as so redesignated) and redesignated as section 203. (2) Section 203 of the Act (as so redesignated) is amended by striking out "semi-annually" and inserting in lieu thereof "annually". (f) The following section is inserted after section 203 of the Act (as so redesignated): "SEC. 204. (a) The Secretary is authorized to provide, in accordance with subsections (b) and (c), financial assistance to a region of not less than two States or portions of two States to assist in the implementation of a regional tourism promotional and marketing program. Such assistance shall include—

22 USC 2123.

22 USC 2122, 2123, 2123a.

22 USC 2i23a.

Regional assistance. 22 USC 2123b.

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Page:United States Statutes at Large Volume 95.djvu/1040

 95 STAT. 1014

PUBLIC LAW 97-63—OCT. 16, 1981

"(1) technical assistance for advancing the promotion of travel to such region by foreign visitors; "(2) expert consultants; and "(3) marketing and promotional assistance. "(b) ^ y program carried out with assistance under subsection (a) shall serve as a demonstration project for future program development for regional tourism promotion. "(c) The Secretary may provide assistance under subsection (a) for a region if the applicant for the assistance demonstrates to the satisfaction of the Secretary that— "(1) such region has in the past been an area that has attracted foreign visitors, but such visits have significantly decreased; "(2) facilities are being developed or improved to reattract such foreign visitors; "(3) a joint venture in such region will increase the travel to such region by foreign visitors; "(4) such regional programs will contribute to the economic well-being of the region; "(5) such region is developing or has developed a regional transportation system that will enhance travel to the facilities and attractions within such region; and "(6) a correlation exists between increased tourism to such region and the lowering of the unemployment rate in such region.". ADMINISTRATION United States Travel and Tourism Administration, establishment.

Ante, p. 1012.

SEC. 4. (a)(1) The first sentence of section 4 of the Act (22 U.S.C. 2124) is amended to read as follows: "There is established in the Department of Commerce a United States Travel and Tourism Administration which shall be headed by an Under Secretary of Commerce for Travel and Tourism who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report directly to the Secretary.". (2) The second sentence of section 4 of the Act is sunended by striking out "Assistant Secretary of Commerce for Tourism" and inserting in lieu thereof "Under Secretary of Commerce for Travel and Tourism". (3) Section 4 of the Act is amended by striking out the last sentence and inserting in lieu thereof the following: "The Secretary shall designate an Assistant Secretary of Commerce for Tourism Marketing who shall be under the supervision of the Under Secretary of Commerce for Travel and Tourism. The Secretary shall delegate to the Assistant Secretary responsibility for the development and submission of the marketing plan required by section 202(a)(15).". (4) Section 5314 of title 5, United States Code, is amended by striking out "Under Secretary of Commerce" and inserting in lieu thereof "Under Secretary of Commerce and Under Secretary of Commerce for Travel and Tourism". (b) Section 4 of the Act is amended by inserting "(a)" after "SEC. 4.", and by adding at the end the following: "(b)(1) The Secretary may not reduce the total number of foreign offices of the United States Travel and Tourism Administration or the number of employees assigned to the offices of the Administration in foreign countries to a number which is less than the total number of employees of the United States Travel Service assigned to offices of the Service in foreign countries in fiscal year 1979. "(2) In any fiscal year the amount of funds which shall be made available from appropriations under this Act for obligation for the

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Page:United States Statutes at Large Volume 95.djvu/1041

 PUBLIC LAW 97-63—OCT. 16, 1981

95 STAT. 1015

activities of the offices of the United States Travel and Tourism Administration in foreign countries shall not be less than the amount obligated in fiscal year 1980 for the activities of the offices of the United States Travel Service in foreign countries.". (c)(1) The following heading is inserted before section 4 of the Act: "TITLE III-ADMINISTRATION". (2) Section 4 of the Act is redesignated as section 301 and the following new sections are inserted after that section: "SEC. 302. (a) In order to assure that the national interest in tourism is fully considered in Federal decisionmaking, there is established an interagency coordinating council to be known as the Tourism Policy Council (hereinafter in this section referred to as the 'Council'). "(b)(1) The Council shall consist of— "(A) the Secretary of Commerce who shall serve as Chairman of the Council; "(B) the Under Secretary for Travel and Tourism who shall serve as the Vice Chairman of the Council and who shall act as Chairman of the Council in the absence of the Chairman; "(C) the Director of the Office of Management and Budget or the individual designated by the Director from the Office; "(D) an individual designated by the Secretary of Commerce from the International Trade Administration of the Department of Commerce; "(E) the Secretary of Energy or the individual designated by such Secretary from the Department of Energy; "(F) the Secretary of State or the individual designated by such Secretary from the Department of State; "(G) the Secretary of the Interior or the individual designated by such Secretary from the National Park Service or the Heritage Conservation and Recreation Service of the Department of the Interior; "(H) the Secretary of Labor or the individual designated by such Secretary from the Department of Labor; and "(I) the Secretary of Transportation or the individual designated by such Secretary from the Department of Transportation. "(2) Members of the Council shall serve without additional compensation, but shall be reimbursed for actual and necessary expenses, including travel expenses, incurred by them in carrying out the duties of the Council. "(3) Each member of the Council, other than the Vice Chairman, may designate an alternate, who shall serve as a member of the Council whenever the regular member is unable to attend a meeting of the Council or any committee of the Council. The designation by a member of the Council of an alternate under the preceding sentence shall be made for the duration of the member's term on the Council. Any such designated alternate shall be selected from individuals who exercise significant decisionmaking authority in the Federal agency involved and shall be authorized to make decisions on behalf of the member for whom he or she is serving. "(c)(1) Whenever the Council, or a committee of the Council, considers matters that affect the interests of Federal agencies that are not represented on the Council or the committee, the Chairman may invite the heads of such agencies, or their alternates, to participate in the deliberations of the Council or committee. -194 O—82

66: QL3

22 USC 2124. Tourism Policy Council, establishment. 22 USC 2124a. Membership.

Compensation; travel expenses.

Alternate, designation.

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Page:United States Statutes at Large Volume 95.djvu/1042

 95 STAT. 1016 Meetings.

Functions.

Policy committees, establishment.

Report to President.

PUBLIC LAW 97-63—OCT. 16, 1981

"(2) The Council shall conduct its first meeting not later than ninety days after the date of enactment of this section. Thereafter the Council shall meet not less than four times each year. "(d)(1) The Council shall coordinate policies, programs, and issues relating to tourism, recreation, or national heritage resources involving Federal departments, agencies, or other entities. Among other things, the Council shall— "(A) coordinate the policies and programs of member agencies that have a significant effect on tourism, recreation, and national heritage preservation; "(B) develoj) areas of cooperative program activity; "(C) assist in resolving interagency program and policy conflicts; and "(D) seek and receive concerns and views of State and local governments and the Travel and Tourism Advisory Board with respect to Federal programs and policies deemed to conflict with the orderly growth and development of tourism. "(2) To enable the Council to carry out its functions— "(A) the Council may request directly from any Federal department or agency such personnel, information, services, or facilities, on a compensated or uncompensated basis, as he determines necessary to carry out the functions of the Council; "(B) each Federal department or agency shall furnish the Council with such information, services, and facilities as it may request to the extent permitted by law and within the limits of available funds; and "(C) Federal agencies and departments may, in their discretion, detail to temporary duty with the Council, such personnel as the Council may request for carrying out the functions of the Council, each such detail to be without loss of seniority, pay, or other employee status. "(3) The Administrator of the General Services Administration shall provide administrative support services for the Council on a reimbursable basis. "(e) The Council shall establish such policy committees as it considers necessary and appropriate, each of which shall be comprised of any or all of the members of the Council and representatives from Federal departments, agencies, and instrumentalities not represented on the Council. Each such policy committee shall be designed— "(1) to monitor a specific area of Federal Government activity, such as transportation, energy and natural resources, economic development, or other such activities related to tourism; and "(2) to review and evaluate the relation of the policies and activities of the Federal Government in that specific area to tourism, recreation, and national heritage conservation in the United States. "(f) The Council shall submit an annual report for the preceding fiscal year to the President for transmittal to Congress on or before the thirty-first day of December of each year. The report shall include— "(1) a comprehensive and detailed report of the activities and accomplishments of the Council and its policy committees; "(2) the results of Council efforts to coordinate the policies and programs of member agencies that have a significant effect on tourism, recreation, and national heritage preservation, resolve interagency conflicts, and develop areas of cooperative program activity;

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Page:United States Statutes at Large Volume 95.djvu/1043

 PUBLIC LAW 97-63—OCT. 16, 1981

95 STAT. 1017

"(3) an analysis of problems referred to the Council by State and local governments, the tourism industry, the Secretary of Commerce, or any of the Council's policy committees along with a detailed statement of any actions taken or anticipated to be taken to resolve such problems; and "(4) such recommendations as the Council deems appropriate. "SEC. 303. (a) There is established the Travel and Tourism Advisory Board (hereinafter in this section referred to as the 'Board') to be composed of fifteen members appointed by the Secretary. The members of the Board shall be appointed as follows: "(1) Not more than eight members of the Board shall be appointed from the same political party. (2) The members of the Board shall be appointed from among citizens of the United States who are not regular full-time employees of the United States and shall be selected for appointment so as to provide as nearly as practicable a broad representation of different geographical regions within the United States and of the diverse and varied segments of the tourism industry. "(3) Twelve of the members shall be appointed from senior executive officers of organizations engaged in the travel and tourism industry. Of such members— "(A) at least one shall be a senior representative from a labor organization representing employees of the tourism industry; and "(B) at least one shall be a representative of the States who is knowledgeable of tourism promotion. "(4) Of the remaining three members of the Board— "(A) one member shall be a consumer advocate or ombudsman from the organized public interest community; "(B) one member shall be an economist, statistician, or accountant; and "(C) one member shall be an individual from the academic community who is knowledgeable in tourism, recreation, or national heritage conservation. The Secretary shall serve as an ex officio member of the Board. The duration of the Board shall not be subject to the Federal Advisory Committee Act. A list of the members appointed to the Board shall be forwarded by the Secretary to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce. "Ob) The members of the Board shall be appointed for a term of office of three years, except that of the members first appointed— "(1) four members shall be appointed for terms of one year, and "(2) four members shall be appointed for terms of two years, as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remsiinder of such term. A member may serve after the expiration of his term until his successor has taken office. Vacancies on the Board shall be filled in the same manner in which the original appointments were made. No member of the Board shall be eligible to serve in excess of two consecutive terms of three years each. "(c) The Chairman and Vice Chairman and other appropriate officers of the Board shall be elected by and from members of the Board other than the Secretary. "(d) The members of the Board shall receive no compensation for their services as such, but shall be allowed such necessary travel

Travel and Tourism Advisory Board, establishment. 22 USC 2124b. Members, appointments.

5 USC app.

Terms of office.

Compensation; ^^^^^^ expenses.

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Page:United States Statutes at Large Volume 95.djvu/1044

 95 STAT. 1018

Meetings.

Ante, p. 1012. Report.

PUBLIC LAW 97-63—OCT. 16, 1981

expenses and per diem as are authorized by section 5703 of title 5, United States Code. The Secretary shall pay the reasonable and necessary expenses incurred by the Board in connection with the coordination of Board activities, announcement and reporting of meetings, and preparation of such reports as are required by subsection (f). "(e) The Board shall meet at least semi-annually and shall hold such other meetings at the call of the Chairman, the Vice Chairman, or a majority of its members. "(f) The Board shall advise the Secretary with respect to the implementation of this Act and shall advise the Assistant Secretary for Tourism Marketing with respect to the preparation of the marketing plan under section 202(a)(15). The Board shall prepare an annual report concerning its activities and include therein such recommendations as it deems appropriate with respect to the performance of the Secretary under this Act and the operation and effectiveness of programs under this Act. Each annual report shall cover a fiscal year and shall be submitted on or before the thirty-first day of December following the close of the fiscal year.". AUTHORIZATIONS

Repeal. 22 USC 2121 note.

SEC. 5. (a) Section 6 of the Act (22 U.S.C. 2126) is redesignated as section 304 and the first sentence is amended to read as follows: "For the purpose of carrying out this Act there is authorized to be appropriated an amount not to exceed $8,600,000 for the fiscal year ending September 30, 1982.". (b) Section 7 of the Act (22 U.S.C. 2127) is redesignated as section 305 and sections 8 and 9 of the Act (22 U.S.C. 2128) are repealed. EFFECTIVE DATE

22 USC 2121 note.

SEC. 6. The amendments made by this Act shall take effect October 1, 1981. Approved October 16, 1981.

LEGISLATIVE HISTORY—S. 304 (H.R. 1311): HOUSE REPORTS: No. 97-107, Pt. I, accompanying H.R. 1311 (Comm. on Energy and eommerce) and No. 97-252 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 127 (1981): Jan. 27, considered and passed Senate. July 28, H.R. 1311 considered and passed House; proceedings vacated and S. 304, amended, passed in lieu. Sept. 29, Senate agreed to conference report. Sept. 29, Oct. 1, House considered and agreed to conference report.

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Page:United States Statutes at Large Volume 95.djvu/1045

 PUBLIC LAW 97-64—OCT. 16, 1981

95 STAT. 1019

Public Law 97-64 97th Congress

An Act Granting the consent of Congress to the agreement between the States of Kansas and Missouri establishing their mutual boimdary in the vicinity of the French Bottoms near Saint Joseim, Missouri, and Elwood, Kansas.

Oct. 16, 1981 [H.R. 4048]

Be it enacted by the Senate and House of Representatives of the KansasUnited States of America in Congress assembled, That the Congress consents to the agreement between the States of Kansas and Missouri Missouri. establishing their mutual boundary in the vicinity of the Gladden- Boundary agreement. French-Elwood Bottoms near Saint Joseph, Missouri, and Elwood, Kansas, as the thalweg line of the channel of the Missouri River abandoned by avulsion in April 1952, which is more particularly described in the project maps, repqrte, and documents submitted April 30, 1980, by Williamson Ei^ineering and Surveying, Saint Joseph, Missouri, consisting of sheets one to sixteen, inclusive, and filed in the Office of the Secretary of State for the State of Kansas, and in the Office of the State Land Surveyor, Division of Research and Technical Information, Department of Natural Resources, State of Missouri. Such agreement was approved by the State of Kaims on May 8, 1980, by the State of Missouri on June 25, 1981, and is sutetantially as follows: The true and permanent boundary line between the State of Missouri and the State of Kansas follows the thalweg line at the time of the April 1952 avulsion and sudden chimge of the Missouri River Channel and is more particularly described as beginning at the intersection of the present thalw^ line of the Missouri River Channel and the thalweg line of the Missouri River Channel as it existed prior to the April 1952 avulsion and having Kansas State coordinate of 540240.22 feet north and 2878720.31 feet east of the Kansas north zone; thence along the thalweg line as it existed prior to the April 1952 avulsion the following courses and distances: north 85 degrees 50 minutes 30 seconds west to an aluminum monument, 482.0 feet; south 67 degrees 13 minutes 0 seconds west, 814.0 feet to an aluminum monument; south 51 degrees 09 minutes 0 seconds west, 693.0 feet; south 78 degrees 58 minutes 0 seconds west, 601.0 feet to an aluminum monument; south 59 degrees 11 minutes 0 seconds west, 996.0 feet to an aluminum monument; south 20 degrees 57 minutes 30 seconds west, 1,725.0 feet; south 51 degrees 36 minutes 0 seconds west, 658.0 feet; south 42 degrees 12 minutes 30 seconds west, 1,596.0 feet; south 55 degrees 30 minutes 30 seconds west, 597.0 feet; south 60 decrees 26 minutes 30 seconds west, 1,601.0 feet; south 64 degrees 34 minutes 30 seconds west, 1,237.0 feet; south 87 degrees 02 minutes 30 seconds west, 368.0 feet; south 73 degrees 47 minutes 30 seconds west, 602.0 feet; south 85 degrees 54 minutes 0 seconds west, 1,146.0 feet; north 75 degrees 38 minutes 30 seconds west, 565.0 feet; north 68 degrees 54 minutes 30 seconds west, 806.0 feet; north 61 degrees 58 minutes 0 seconds west, 787.0 feet; north 55 degrees 20 minutes 0 seconds west, 1,793.0 feet; north 48 degrees 13 minutes 0 seconds

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Page:United States Statutes at Large Volume 95.djvu/1046

 95 STAT. 1020

PUBLIC LAW 97-64—OCT. 16, 1981

west, 2,897.0 feet; north 43 degrees 25 minutes 30 seconds west, 902.0 feet; north 28 degrees 04 minutes 30 seconds west, 1,190.0 feet; north 22 degrees 01 minutes 30 seconds west, 1,101.0 feet; north 10 degrees 19 minutes 30 seconds east, 825.0 feet; north 17 degrees 07 minutes 30 seconds west, 662.0 feet to an aluminum monument; north 8 decrees 48 minutes 0 seconds east, 556.0 feet; north 4 degrees 33 minutes 30 seconds west, 692.0 feet to an aluminum monument; north 29 degrees 27 minutes 0 seconds east, 1,200.0 feet; north 44 degrees 15 minutes 0 seconds east, 1,096.0 feet to an aluminum monument; north 58 degrees 32 minutes 30 seconds east, 1,112.0 feet; north 74 degrees 17 minutes 0 seconds east, 1,181.0 feet; south 55 degrees 0 minutes 30 seconds east, 855.0 feet; south 89 degrees 49 minutes 30 seconds east, 1,640.0 feet; south 78 degrees 07 minutes 30 seconds east, 996.0 feet; south 89 degrees 07 minutes 0 seconds east, 650.0 feet to an aluminum monument; north 70 degrees 10 minutes 30 seconds east, 781.0 feet; south 81 degrees 27 minutes 30 seconds east, 1,042.0 feet to an aluminum monument; north 69 degrees 36 minutes 0 seconds east, 1,707.0 feet; north 71 degrees 34 minutes 0 seconds east, 2,498.0 feet to an aluminum monument; north 55 degrees 57 minutes 0 seconds east, 1,098.0 feet to an aluminum monument; north 48 degrees 55 minutes 30 seconds east, 982.0 feet to an aJuminum monument; north 19 degrees 01 minutes 30 seconds east, 491.0 feet to an aluminum monument; north 51 degrees 47 minutes 0 seconds east, 503.0 feet; north 34 decrees 27 minutes 0 seconds east, 521.0 feet; north 40 decrees 06 mmutes 0 seconds east, 373.0 feet to the ^int of intersection of the thalweg line of the current Missouri luver Channel and the thalw^ line as it existed prior to the April 1952 avulsion and having Kansas State coordinate values of 549195.06 feet north and 2876850.19 feet east of the Kansas north zone, according to a survey executed by Williamson Engineering and Surveying dated April 30, 1980, and hereby made a part of the l^al description. SEC. 2. Nothing contained m the agreement described in the first section of this Act shall be construed as impairing or in any manner affecting any right or jurisdiction of the Umted States in and over the re^on which forms the subject of the agreement. SEC. 3. The right to alter, amend, or repeal this Act is expressly reserved. Approved October 16, 1981.

LEGISLATIVE HISTORY—H.R. 4048: HOUSE REPORT No. 97-239 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate.

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