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 98 STAT. 466

PUBLIC LAW 98-365—JULY 17, 1984 (3) The Secretary of State shall promptly report to the Secretary any instances outside the United States of discriminatory distribution of data. (c) If, as a result of technical modifications imposed on a system operator on the basis of national security concerns, the Secretary, in consultation with the Secretary of Defense or with other Federal agencies, determines that additional costs will be incurred by the system operator, or that past development costs (including the cost of capital) will not be recovered by the system operator, the Secretary may require the agency or agencies requesting such technical modifications to reimburse the system operator for such additional or development costs, but not for anticipated profits. Reimbursements may cover costs associated with required changes in system performance, but not costs ordinarily associated with doing business abroad. AMENDMENT TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION, 1983

15 USC 1517 ^°^-

SEC. 608. Subsection (a) of section 201 of the National Aeronautics and Space Administration Authorization Act, 1983 (Public Law 97324; 96 Stat. 1601) is amended to read as follows: (a) The Secretary of Commerce is authorized to plan and provide for the management and operation of civil remote-sensing space systems, which may include the Landsat 4 and 5 satellites and associated ground system equipment transferred from the National Aeronautics and Space Administration; to provide for user fees; and to plan for the transfer of the operation of civil remote-sensing space systems to the private sector when in the national interest.". AUTHORIZATION OF APPROPRIATIONS

15 USC 4278.

15 USC 1517

SEC. 609. (a) There are authorized to be appropriated to the Secretary $75,000,000 for fiscal year 1985 for the purpose of carrying out the provisions of this Act. Such sums shall remain available until expended, but shall not become available until the time periods specified in sections 202(c) and 303(c) have expired. (b) The authorization provided for under subsection (a) shall be in addition to moneys authorized pursuant to title II of the National Aeronautics and Space Administration Authorization Act, 1983.

note.

TITLE VII—PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES PROHIBITION

President of U.S. SEC. 701. Neither the President nor any other official of the 15 USC 4291. Government shall make any effort to lease, sell, or transfer to the private sector, commercialize, or in any way dismantle any portion of the weather satellite systems operated by the Department of Commerce or any successor agency.

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98 STAT. 467

FUTURE CONSIDERATIONS

SEC. 702. Regardless of any change in circumstances subsequent to the enactment of this Act, even if such change makes it appear to be in the national interest to commercialize weather satellites, neither the President nor any official shall take any action prohibited by section 701 unless this title has first been repealed. Approved July 17, 1984.

LEGISLATIVE HISTORY—H.R. 5155: HOUSE REPORT No. 98-647 (Comm. on Science and Technology). SENATE REPORT No. 98-458 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 9, considered and passed House. June 8, considered and passed Senate, amended. June 28, House concurred in Senate amendment with an amendment. June 29, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 29 (1984): July 17, Presidential statement.

15 USC 4292.

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 98 STAT. 468

PUBLIC LAW 98-366—JULY 17, 1984 Public Law 98-366 98th Congress An Act

July 17, 1984 [H.R. 5740] Barrow Gas Field Transfer Act of 1984. Alaska.

Research and development.

94 Stat. 2957.

49 USC app. 1671 note.

42 USC 4321 note. Fish and fishing. Wildlife. Cultural programs. Historic preservation.

42 USC 6504.

Entitled, the "Barrow Gas Field Transfer Act of 1984".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The following may be cited as the "Barrow Gas Field Transfer Act of 1984". SEC. 2. (a) The Secretary of the Interior (hereinafter "the Secretary") shall convey to the North Slope Borough the subsurface estate held by the United States to the Barrow gas fields and the Walakpa gas discovery site, related support facilities, other lands, interests, and funds in accordance with the terms and conditions of the agreement, including appendix numbered 1, between the Secretary of the Interior and the North Slope Borough dated September 22, 1983 (hereinafter "the NSB Agreement"), on file with the Senate Energy and Natural Resources Committee and the House Interior and Insular Affairs Committee, which is hereby incorporated into this Act. (b) Upon conveyance, the North Slope Borough is authorized, notwithstanding any other provision of law, to explore for, develop, and produce fluid hydrocarbons within the lands and interests granted: Provided, That section 301(a) of the NSB Agreement shall not reduce revenues which would otherwise be shared with the State of Alaska under the provisions of Public Law 96-514 by providing for the disposition of gas at less than the value referred to in section 301(d) of the NSB Agreement or as a result of the crediting provisions of section 301(a)(3) of the NSB Agreement. (c) The Barrow gas fields and related support facilities shall continue to be exempt from the Pipeline Safety Act, title 49 of the Code of Federal Regulations, and all other rules and regulations governing the design, construction, and operation of gas pipelines, wells, and related facilities. (d) The provisions of the National Environmental Policy Act shall apply to any land conveyance under section 203(b) of the NSB Agreement. During the NEPA process, the North Slope Borough shall consult with the United States Fish and Wildlife Service, the Alaska Department of Fish and Game, and the National Park Service concerning the fish, wildlife, cultural, and historic values of the area to be selected. The Secretary is authorized to approve or deny the selection. If denied, the North Slope Borough shall be entitled to identify an alternative site, which shall be subject to the review process set forth in this section. (e) The North Slope Borough shall not make a selection under section 203(b) of the NSB Agreement in areas designated by the Congress or the Secretary under section 104(b) of the Naval Petroleum Reserves Production Act of 1976 for the protection of surface values, as depicted on the map set forth on page 125 of the "Final Environmental Impact Statement on Oil and Gas Leasing in the National Petroleum Reserve in Alaska" dated February 1983, or

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98 STAT. 469

within the boundaries of the Kasegaluk Lagoon Potential Natural Landmark as identified in study report numbered 2 prepared pursuant to section 105(c) of that Act, or within any area withdrawn or 42 USC 6505. designated for study pursuant to section 604 of the Alaska National Interest Lands Conservation Act. 16 USC 1276. (f) Notwithstanding the time limit specified in the NSB Agreement, the North Slope Borough shall have ten years from the date of this Act to make its selection under section 203(b) of the NSB Agreement. If, within ninety days of the expiration of the ten-year period, or after the expiration of such period, the Secretary denies any selection, the North Slope Borough shall select an alternative site within ninety days of such denial. If an alternative site is denied, the selection and review process in this subsection shall be repeated until a site is approved by the Secretary. (g) Notwithstanding any provision of the NSB Agreement, the Water. North Slope Borough shall obtain the right to divert, use, appropriate, or possess water solely through compliance with applicable laws of the United States and the State of Alaska. (h) Notwithstanding any provision of the NSB Agreement, the right of the North Slope Borough to exploit gas and entrained liquid hydrocarbons from Federal test wells in the National Petroleum Reserve-Alaska shall not apply to test wells in areas designated by the Congress or the Secretary under section 104(b) of the Naval Petroleum Reserves Production Act of 1976 for the protection of 42 USC 6504. surface values, as depicted on the map set forth on page 125 of the "Final Environmental Impact Statement on Oil and Gas Leasing in the National Petroleum Reserve in Alaska" dated February 1983, or within the boundaries of the Kasegaluk Lagoon Potential Natural Landmark as identified in study report numbered 2 prepared pursuant to section 105(c) of that Act, or within any area withdrawn or 42 USC 6505. designated for study pursuant to section 604 of the Alaska National Interest Lands Conservation Act. i^ use 1276. (i) The Secretary shall process any application submitted by the North Slope Borough under section 203(d) of the NSB Agreement for '' a right-of-way which crosses, in whole or in part, any lands within any area designated by the Congress or the Secretary under section 104(b) of the Naval Petroleum Reserves Production Act of 1976 for 42 USC 6504. the protection of surface values, as depicted on the map set forth on page 125 of the "Final Environmental Impact Statement on Oil and Gas Leasing in the National Petroleum Reserve in Alaska" dated February 1983, or within the boundaries of the Kasegaluk Lagoon Potential Natural Landmark as identified in study report numbered 2 prepared pursuant to section 105(c) of that Act, or within any area 42 USC 6505. withdrawn or designated for study pursuant to section 604 of the Alaska National Interest Lands Conservation Act, under the provi- 16 USC 1276. sions of title XI of the Alaska National Interest Lands Conservation Act. In processing any such application for a right-of-way which 16 USC 3161. crosses, in whole or in part, any lands within any area designated by the Congress or the Secretary under section 104(b) of the Naval Petroleum Reserves Production Act of 1976, the protection of the 42 USC 6504. values and the continuation of the uses specified in section 104(b) of that Act shall be considered to be the purposes for which the area was established. (j) Nothing in this Act or in the NSB Agreement shall be construed as amending the provisions of the Alaska National Interest Lands (Conservation Act or as amending or repealing any other 16 USC 3101 note.

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 98 STAT. 470 16 USC 3102. Ukpeagvik Inupiat Corporation.

43 USC 1761. 30 USC 185.

Arctic Slope Regional Corporation. 94 Stat. 2533.

PUBLIC LAW 98-366—JULY 17, 1984 provision of law applicable to any conservation system unit, as that term is defined in section 102(4) of that Act. SEC. 3. The Secretary of the Interior shall convey to Ukpeagvik Inupiat Corporation (hereinafter "UIC"), subject to valid existing rights, all right, title, and interest held by the United States to sand and gravel underlying the surface estate owned by UIC in the Barrow gas fields and Walakpa gas discovery site, upon execution of an easement agreement with the North Slope Borough, satisfactory to the North Slope Borough, in consideration for the conveyance to UIC of such sand and gravel, providing for easements, for all purposes associated with operation, maintenance, development, production, generation, or transportation of energy, including the transmission of electricity, from the Barrow gas fields, the Walakpa discovery site, or from any other source of energy chosen by the North Slope Borough, to supply energy to Barrow, Wainwright, and Atkasook, and providing such easements when and where required as determined by the North Slope Borough during the life of such fields or other energy sources. SEC. 4. (a) Section 102 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6502) is amended by adding "and the North Slope Borough" immediately after "Alaska Natives", by deleting "and" immediately after "responsibilities under this Act,", and by replacing the period following "Alaska Native Claims Settlement Act" with ", and (4) grant such rights-of-way to the North Slope Borough, under the provisions of title V of the Federal Land Policy and Management Act of 1976 or section 28 of the Mineral Leasing Act, as amended, as may be necessary to permit the North Slope Borough to provide energy supplies to villages on the North Slope." (b) Section 104(e) of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6504(e)) is repealed effective October 1, 1984. SEC. 5. (a) In consideration for the relinquishment of rights that Arctic Slope Regional Corporation has under section 1431(o) of the Alaska National Interest Lands Conservation Act, Public Law 96487, 94 Stat. 2371, 2541, to the subsurface resources in the Barrow gas fields and the Walakpa gas discovery site conveyed to the North Slope Borough and Ukpeagvik Inupiat Corporation pursuant to sections 2 and 3 of this Act, the Secretary of the Interior and Arctic Slope Regional Corporation are authorized to exchange lands and interests as set forth in the separate agreement between the Secretary and Arctic Slope Regional Corporation dated January 24, 1984 (hereinafter "the ASRC Agreement"), on file with the Senate Energy and Natural Resources Committee and the House Interior and Insular Affairs Committee. The specific terms, conditions, and covenants of the ASRC Agreement are hereby incorporated into this Act and ratified, as to the rights, duties, and obligations of the United States and Arctic Slope Regional Corporation and as to the rights and interests of the North Slope Borough, as a matter of Federal law. (b) Notwithstanding the provisions of paragraph 4 of the ASRC Agreement, in lieu of the additional 69,120 acres of subsurface estate to be identified by ASRC pursuant to said paragraph 4, ASRC shall identify for conveyance or relinquishment to the United States, as appropriate, the 101,272 acres of subsurface estate beneath the surface estate of the lands described in subparagraphs 2 (a), (b) and (d) of the August 9, 1983 agreement between Arctic Slope Regional Corporation and the United States of America.

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 PUBLIC LAW 98-366—JULY 17, 1984 (c) To the extent that any provision or interpretation of the NSB Agreement is inconsistent with the provisions of this section or the ASRC Agreement, the provisions of this section and of the ASRC Agreement shall prevail. (d) All of the lands, or interest therein, conveyed to and received by Arctic Slope Regional Corporation pursuant to this section or the ASRC Agreement and pursuant to the August 9, 1983 agreement between Arctic Slope Regional Corporation and the United States of America shall, in addition to other applicable authority, be deemed conveyed and received pursuant to exchanges under section 22(f) of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, 1621(f)). Approved July 17, 1984.

LEGISLATIVE HISTORY—H.R. 5740: HOUSE REPORT No. 98-843 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): June 18, considered and passed House. June 28, considered and passed Senate.

98 STAT. 471

Arctic Slope n^^^°"^H Corporation. "'•""'"''

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 98 STAT. 472

PUBLIC LAW 98-367—JULY 17, 1984 Public Law 98-367 98th Congress A n Act

July 17, 1984 [H.R. 5753]

Making appropriations for the Legislative Branch for the fiscal year ending September 30, 1985, and for other purposes.

Legislative Branch Appropriations Act, 1985.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 1985, and for other purposes, namely:

Congressional Operations Appropriation Act, 1985. 2 USC 60a note.

TITLE I-CONGRESSIONAL OPERATIONS SENATE MILEAGE OF THE VICE PRESIDENT AND SENATORS AND EXPENSE ALLOWANCES OF THE VICE PRESIDENT, THE PRESIDENT PRO TEMPORE, MAJORITY AND MINORITY LEADERS, AND MAJORITY AND MINORITY WHIPS MILEAGE OF THE VICE PRESIDENT AND SENATORS

For mileage of the Vice President and Senators of the United States, $60,000. EXPENSE ALLOWANCES OF THE VICE PRESIDENT, THE PRESIDENT PR« TEMPORE, MAJORITY AND MINORITY LEADERS, AND MAJORITY AND MINORITY WHIPS

For expense allowances of the Vice President, $10,000; the President Pro Tempore of the Senate, $10,000; Majority Leader of the Senate, $10,000; Minority Leader of the Senate, $10,000; Majority Whip of the Senate, $5,000; and Minority Whip of the Senate, $5,000; in all, $50,000. SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions, which shall be paid from this appropriation without regard to the below limitations, as follows: OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $1,083,000. OFFICE OF THE PRESIDENT PRO TEMPORE

For Office of the President Pro Tempore, $145,000. OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $1,062,000.

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 PUBLIC LAW 98-367—JULY 17, 1984 OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $407,000. CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $526,500 for each such committee; in all $1,053,000. OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $177,000. OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $87,000. OFFICE OF THE SECRETARY

For Office of the Secretary, $7,067,000. ADMINISTRATIVE, CLERICAL, AND LEGISLATIVE ASSISTANCE TO SENATORS

For administrative, clerical, and legislative assistance to Senators, $98,789,000. OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office of the Sergeant at Arms and Doorkeeper, $35,429,000. OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary for the Minority, $856,000. AGENCY CONTRIBUTIONS

For agency contributions for employee benefits, as authorized by law, $19,487,000. OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative Counsel of the Senate, $1,400,000. OFFICE OF SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel, $565,000. EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $3,000; Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary

98 STAT. 473

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 98 STAT. 474

PUBLIC LAW 98-367—JULY 17, 1984 for the Majority of the Senate, $3,000; Secretary for the Minority of the Senate, $3,000; in all, $12,000. CONTINGENT EXPENSES OF THE S E N A T E SENATE POLICY COMMITTEES

For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $949,000 for each such committee; in all $1,898,000. INQUIRIES AND INVESTIGATIONS

2 USC 190b. 94 Stat. 892.

For expenses of inquiries and investigations ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth Congress, as amended, section 112 of Public Law 96-304 and Senate Resolution 281, agreed to March 11, 1980, $48,050,000. SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate, $711,000. SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $41,214,000. MISCELLANEOUS ITEMS

For miscellaneous items, $10,341,000. STATIONERY (REVOLVING FUND)

For stationery for the President of the Senate, $4,500, for officers of the Senate and the Conference of the Majority and Conference of the Minority of the Senate, $7,500; in all, $12,000. ADMINISTRATIVE PROVISIONS

SEC. 1. Effective with respect to fiscal years beginning on or after October 1, 1983, the first sentence of section 101 of the Legislative Branch Appropriations Act, 1976 (2 U.S.C. 61a-9a) is amended by striking out "but such expenditures shall not exceed $10,000 during any fiscal year". SEC. 2. (a) The last paragraph under the heading "Senate" in the First Deficiency Act, fiscal year 1926 (44 Stat. 162; 2 U.S.C. 64a) is amended to read as follows: "For any period during which both the Secretary and the Assistant Secretary of the Senate are unable (because of death, resignation, or disability) to discharge such Secretary's duties as disbursing officer of the Senate, the Financial Clerk of the Senate shall be deemed to be the successor of such Secretary as disbursing officer.". (b) The paragraph under the heading "Administrative Provision" in chapter IV of the Supplemental Appropriations Act, 1972 (2 U.S.C. 64b) is amended— (1) in the first sentence thereof, by striking out ", except those matters relating to the Secretary's duties as disbursing officer of the Senate,"; and

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 PUBLIC LAW 98-367—JULY 17, 1984 (2) in the third sentence thereof, by striking out ", except those matters relating to the Secretary s duties as such disbursing officer". SEC. 3. (a) Paragraph (1) of subsection (d) of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-l(d)), is amended— (1) by striking out "(A)" where it appears in the paragraph designation for paragraph (1); (2) by amending the second sentence to read as follows: "In the event that the term of office of a Senator begins after the first month of a fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of a fiscal year, the aggregate amount available for gross compensation of employees in the office of such Senator for such year shall be the applicable amount contained in the table included in the preceding sentence, divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month"; and (3) by striking out subparagraph (B). (b) The amendments made by subsection (a) of this section shall be effective with respect to fiscal years beginning after September 30, 1984. SEC. 4. At no time during the first three months of any fiscal year (commencing with the fiscal year which begins October 1, 1984) shall the aggregate of payments of gross compensation made to employees out of any line item appropriation within the Senate appropriation account for "Salaries, Officers and Employees" (other than the line item appropriations, within such account for "Administrative, clerical, and legislative assistance to Senators" and for "Agency contributions") exceed twenty-five per centum of the total amount available for such line item appropriations for such fiscal year. SEC. 5. The Sergeant at Arms and Doorkeeper of the Senate shall deposit in the United States Treasury for credit to the appropriation account, within the contingent fund of the Senate, for the "Sergeant at Arms and Doorkeeper of the Senate", all moneys received by him as reimbursement for equipment provided to Senators, committee chairmen, and other officers and employees of the Senate, which has been lost, stolen, damaged, or otherwise unaccounted for. SEC. 6. The Sergeant at Arms and Doorkeeper of the Senate, in carrying out the duties of his office, is authorized to employ personnel at daily rates of compensation; no individual so employed shall be paid at a daily rate of compensation which is in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and payments under authority of this section shall be made from the account, within the contingent fund of the Senate, for the "Sergeant at Arms and Doorkeeper of the Senate", upon vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate. SEC. 7. Section 117 of Public Law 97-51 (2 U.S.C. 61f-8) is amended by striking out "$60,000" and inserting in lieu thereof "$210,000". SEC. 8. Section 734 of title 31, United States Code, is amended— (1) by striking out "(a)"; and (2) by striking out subsection (b). SEC, 9. Effective October 1, 1983, the allowance for administration and clerical assistance of each Senator from the State of Arizona is increased to that allowed to Senators from States having population

STAT. 475

Effective date. 2 USC 61-1 note. 2 USC 61-lb.

2 USC 117d.

2 USC 61f-9.

Effective date. 2 USC 61-1 note.

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 98 STAT. 476

PUBLIC LAW 98-367—JULY 17, 1984

of three million but less than four million, the population of such State having exceeded three million inhabitants. 2 USC 72a-lf. SEC. 10. Notwithstanding any other provisions of law, a Senator who is the Chairman or Vice Chairman of the Senate Select Committee on Ethics may designate one employee employed in his Senate office to perform part-time service for such Committee, and such Committee shall reimburse such Senator for such employee's services for the Committee by transferring from the contingent fund of the Senate, upon vouchers approved by the Chairman of such Committee, to such Senator's Administrative, Clerical, and Legislative Assistance Allowance, with respect to each pay period of such employee, an amount which bears the same ratio to such employee's salary (but not more than one-half of such salary) for such period, as the portion of the time spent (or to be spent) by such employee in performing services for such Committee during such period bears to the total time for which such employee worked (or will work) during such period (as determined by the Chairman of such Committee) for such Committee and in such Senator's office. Any funds transferred under authority of the preceding sentence to a Senator's Administrative, Clerical, and Legislative Assistance shall be available for the same purposes and in like manner as funds therein which were not transferred thereto under such authority. For purposes of any law of the United States, a State, a territory, or a political subdivision thereof, an employee designated by a Senator pursuant to this section shall be considered to be an employee of such Senator's Senate office and not an employee of the Senate Select Committee on Ethics. SEC. 11. (a) Section 110(a) of Public Law 97-12 (2 U.S.C. 58b) is amended— (1) by inserting, immediately after the first sentence thereof, the following new sentence: "Each Senator, at his election, may, during any fiscal year (but not earlier than August 1 thereof), transfer from his clerk hire allowance to such Senator's Official Office Expense Account such amounts in such clerk hire allowance as the Senator shall determine, but not in excess of the balance (or accrued surplus in case of transfers made prior to October 1, 1984) as of the end of the month which precedes the date of such transfer."; (2) in the second sentence thereof, by striking out "balance" and inserting in lieu thereof "amount"; and (3) in the third sentence thereof, by striking out "December 31," and all that follows, and inserting in lieu thereof "December 31 of the calendar year in which occurs the close of such fiscal year, and such transfer shall be made on such date (but not earlier than August 1 of such calendar year) as may be specified by the Senator.". Effectve date. (b) The amendments made by subsection (a) shall be effective in 2 USC 58b. note, the case of fiscal years beginning after September 30, 1983. SEC. 12. (a) The second sentence of paragraph (2) of section 105(d) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 611(d)(2)), is amended to read as follows: "The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,251 or in excess of $68,172 per annum.". (b) The first sentence of paragraph (3) of section 105(e) of such Act (2 U.S.C. 61-l(e)) is amended to read as follows: "No employee of a committee of the Senate shall be paid at a gross rate in excess of $67,694, in case of an employee of a joint committee the expenses of

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98 STAT. 477

which are paid from the contingent fund of the Senate, $68,172, in case of an employee of a select committee (including the conference majority and conference minority of the Senate), or $69,966, in case of an employee of any standing committee (including the majority and minority policy committees) of the Senate.". (c) The amendments made by subsection (a) of this section shall Effective date. take effect on October 1, 1984. 2 USC 6i-i note. HOUSE OF REPRESENTATIVES MILEAGE OF MEMBERS

For mileage of Members, as authorized by law, $210,000. HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $3,240,000, including: Office of the Speaker, $748,000, including $18,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $664,000, including $10,00 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $740,000, including $10,000 for official expenses of the Minority Leader; Office of the Majority Whip, $582,000, including $1,000 for official expenses of the Majority Whip and not to exceed $139,911 for the Chief Deputy Majority Whip; Office of the Minority Whip, $506,000, including $1,000 for official expenses of the Minority Whip and not to exceed $73,878 for the Chief Deputy Minority Whip. SALARIES, OFFICERS AND EMPLOYEES

For compensation and expenses of officers and employees, as authorized by law, $46,947,000, including: Office of the Clerk, $13,254,000; Office of the Sergeant at Arms, including overtime, as authorized by law, $17,975,000; Office of the Doorkeeper, including overtime, as authorized by law, $6,645,000; Office of the Postmaster, $1,985,000, including $44,928 for employment of substitute messengers and extra services of regular employees when required at the salary rate of not to exceed $15,652 per annum each; Office of the Chaplain, $72,000; Office of the Parliamentarian, including the Parliamentarian and $2,000 for preparing the Digest of Rules, $602,000; for salaries and expenses of the Office for the Bicentennial of the House of Representatives, $188,000; for salaries and expenses of the Office of the Law Revision Counsel of the House, $822,000; for salaries and expenses of the Office of the Legislative Counsel of the House, $2,869,000; six minority employees, $422,000; the House Democratic Steering Committee and Caucus, $563,00; the House Republican Conference, $563,000; and Other Authorized Employees, $987,000. Such amounts as are deemed necessary for the payment of salaries of officers and employees under this head may be transferred between the various offices and activities within this appropriation, "Salaries, Officers and Employees", upon the approval of the Committee on Appropriations of the House of Representatives.

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 98 STAT. 478

PUBLIC LAW 98-367—JULY 17, 1984 COMMITTEEMPLOYEES

For professional and clerical employees of standing committees, including the Committee on Appropriations and the Committee on the Budget, $37,808,000. COMMITTEE ON APPROPRIATIONS (STUDIES AND INVESTIGATIONS)

2 USC 72a.

For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with section 2020i)) of the Legislative Reoi^anization Act, 1946, and to be available for reimbursement to agencies for services performed, $4,315,000. COMMITTEE ON THE BUDGET (STUDIES)

88 Stat. 299; 88^ft^t^330^^^'

For salaries, expenses, and studies by the Committee on the Budget, and temporary personal services for such committee to be expended in accordance with sections 101(c), 606, 703, and 901(e), of the Congressional Budget Act of 1974, and to be available for reimbursement to agencies for services performed, $329,000. MEMBERS' CLERK HIRE

For staff employed by each Member in the discharge of ofQcial and representative duties, $164,126,000. CONTINGENT EXPENSES OF THE HOUSE ALLOWANCES AND EXPENSES

For allowances and expenses as authorized by House resolution or law, $122,565,000, including: Official Expenses of Members, $68,200,000; supplies, materials, administrative costs and Federal tort claims, $18,160,000; furniture and furnishings, $1,270,000; stenographic reporting of committee hearings, $500,000; reemployed annuitants reimbursements, $1,782,000; Government contriDutions to employees' life insurance fund, retirement fund, and health benefits fund, $32,153,000; and miscellaneous items including, but not limited to, purchase, exchange, maintenance, repair and operation of House motor vehicles, interparliamentary receptions and gratuities to heirs of deceased employees of the House, $500,000. Such amounts as are deemed necessary for the payment of allowances and expenses under this head may be transferred between the various categories within this appropriation, "Allowances and Expenses", upon the approval of the Committee on Appropriations of the House of Representatives. STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and select, authorized by the House, $45,667,000. ADMINISTRATIVE PROVISIONS

SEC. 101. Of the amounts appropriated in fiscal year 1985 for the House of Representatives under the headings "Committee employ-

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Page:United States Statutes at Large Volume 98 Part 1.djvu/527

 PUBLIC LAW 98-367—JULY 17, 1984 ees", "Standing committees, special and select", "Salaries, officers and employees, "Allowances and expenses", and "Members* clerk hire", such amounts as are deemed necessary for the payment of salaries and expenses may be transferred among the £Uorementioned accounts upon approval of the Committee on Appropriations of the House of Representatives. SEC. 102. The provisions of clause 10, rule I, of the Rules of the House of Representatives as in effect before the date of enactment of this Act, relating to the Office for the Bicentennial for the House of Representatives, established by House Resolution 621, Ninetyseventh Congress, shall be the permanent law with respect thereto. Rule I of the Rules of the House of Representatives is amended by striking out clause 10. SEC. 103. The provisions of H. Res. 234, approved June 29, 1983, providing for appointment and education of House Pages; H. Res. 279, approved July 21, 1983, regarding the use of certain educational facilities; and the provisions of H. Res. 343, approved October 26, 1983, upgrading four positions on the Capitol Police Force, shall be the permanent law with respect thereto.

98 STAT. 479

2 USC 29c.

2 USC 88c-i~ ^^~^' ^^^~^ 2 USC 88b. 40 USC 206 note.

JOINT ITEMS For joint committees, as follows: CONTINGENT EXPENSES OF THE SENATE JOINT ECONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee, $2,569,000. JOINT COMMITTEE ON PRINTING

For salaries and expenses of the Joint Committee on Printing, $909,000. CONTINGENT EXPENSES OF THE HOUSE JOINT COMMITTEE ON TAXATION

For salaries and expenses of the Joint Committee on Taxation, $3,605,000, to be disbursed by the Clerk of the House. For other joint items, as follows: OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including (1) an allowance of $1,000 per month to the Attending Physician; (2) an allowance of $600 per month to one Senior Medical Officer while on duty in the Attending Physician's office; (3) an allowance of $200 per month each to two medical officers while on duty in the Attending Physician's office; (4) an allowance of $200 per month each to not to exceed nine assistants on the basis heretofore provided for such assistance; and (5) $644,800 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, such amount shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allow-

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Page:United States Statutes at Large Volume 98 Part 1.djvu/528

 98 STAT. 480

PUBLIC LAW 98-367—JULY 17, 1984 ances, and other expenses are payable and shall be available for all the purposes thereof, $956,000, to be disbursed by the Clerk of the House. CAPITOL POUCE GENERAL EXPENSES

District of

For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including advance payment for travel for training or other purposes, and expenses associated with the relocation of instructor personnel to and from the Federal Law Enforcement Training Center as approved by the Chairman of the Capitol Police Board, and including $80 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as may be designated by the Chairman of the Board, $1,471,000, to be disbursed by the Clerk of the House: Provided, That the funds used to maintain the petty cash fund referred to as "Petty Cash 11" which is to provide for the prevention and detection of crime should not exceed $4,000: Provided further, That the funds used to maintain the petty cash fund referred to as "Petty Cash III" which is to provide for the advance of travel expenses attendant to protective assignments shall not exceed $4,000. CAPITOL POUCE BOARD

District of Columbia.

55 Stat. 44b. 54 Stat. 628.

Funds available for obligations for fiscal year 1985 to enable the Capitol Police Board to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $141,188, to be disbursed by the Clerk of the House. Such sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Columbia, and the Mayor of the District of Columbia is authorized and directed to make such details upon the request of the Board. Personnel so detailed shall, during the period of such detail, serve under the direction and instructions of the Board and are authorized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other duties as may be assigned by the Board. Reimbursement for salaries and other expenses of such detail personnel shall be made to the government of the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority in the Legislative Branch Appropriation Act, 1942, and the Second Deficiency Appropriation Act, 1940, from the Metropolitan Police of the District of Columbia shall be deemed a member of such Metropolitan Police during the period or periods of any such detail for all purposes of rank, pay, allowances, privileges, and the benefits to the same extent as though such detail had not been made, and at the termination thereof any such person shall have a status with respect to rank, pay, allowances, privileges, and benefits which is not-less than the status of such person in such police at the end of such detail.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/529

 PUBLIC LAW 98-367—JULY 17, 1984 No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as an officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board.

98 STAT. 481 Prohibition.

OFFICIAL MAIL COSTS

For expenses necessary for official mail costs, $73,944,000, to be disbursed by the Clerk of the House, to be available immediately upon enactment of this Act. CAPITOL GUIDE SERVICE

For salaries and expenses of the Capitol Guide Service, $810,000, to be disbursed by the Secretary of the Senate: Provided, That none of these funds shall be used to employ more than twenty-eight individuals: Provided further. That the Capitol Guide Board is authorized, during emergencies, to employ not more than two additional individuals for not more than one hundred twenty days each, and not more than ten additional individuals for not more than six months each, for the Capitol Guide Service. STATEMENTS OF APPROPRIATIONS

For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the second session of the Ninety-eighth Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriation bills as required by law, $13,000, to be paid to the persons designated by the chairmen of such committees to supervise the work. OFFICE OF TECHNOLOGY ASSESSMENT SALARIES AND EXPENSES

For salaries and expenses necessary to carry out the provisions of the Technology Assessment Act of 1972 (Public Law 92-484), including reception and representation expenses (not to exceed $3,000 from the Trust Fund) and rental of space in the District of Columbia, and those necessary to carry out the duties of the Director of the Office of Technology Assessment under Section 1886 of the Social Security Act as amended by Section 601 of the Social Security Amendments of 1983 (Public Law 98-21), $15,549,000: Provided, That none of the funds in the Act shall be available for salaries or expenses of any employee of the Office of Technology Assessment in excess of 143 staff employees: Provided further. That no part of this appropriation shall be available for assessment or activities not initiated and approved in accordance with section 3(d) of Public Law 92-484, except that funds shall be available for the assessment required by Public Law 96-151.

2 USC 471 note.

97 Stat. 149. 42 USC 1395WW.

2 USC 472. 93 Stat. 1092. 38 USC 101 note.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/530

 98 STAT. 482

PUBLIC LAW 98-367—JULY 17, 1984 CONGRESSIONAL BUDGET OFFICE SALARIES AND EXPENSES

For salaries and expenses necessary to carry out the provisions of the Congressional Budget Act of 1974 (Public Law 93-344), $17,418,000: Provided, That none of these funds shall be available for the purchase or hire of a passenger motor vehicle: Provided further, That none of the funds in this Act shall be available for salaries or expenses of any employee of the Congressional Budget Office in 2 USC 605. excess of 222 staff employees; Provided further, That any sale or lease of property, supplies, or services to the Congressional Budget Office shall be deemed to be a sale or lease of such property, supplies, or services to the Congress subject to Section 903 of Public 97 Stat. 336. Law 98-63. noYf^ ^^^^ ^"^^ ARCHITECT OF THE CAPITOL 2 USC 621 note,

OFFICE OF THE ARCHITECT OF THE CAPITOL SALARIES

For the Architect of the Capitol; the Assistant Architect of the Capitol; the Executive Assistant; and other personal services; at rates of pay provided by law, $5,137,000. TRAVEL

40 USC 166a.

Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000. CONTINGENT EXPENSES

40 USC 166d, I66e.

To enable the Architect of the Capitol to make surveys and studies, to incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704), and to meet unforeseen expenses in connection with activities under his care, $235,000, which shall remain available until expended. CAPITOL BUILDINGS AND GROUNDS CAPITOL BUILDINGS

41 USC 5.

For all necessary expenses for the maintenance, care and operation of the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including furnishings and office equipment; not to exceed $1,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may approve; purchase or exchange, maintenance and operation of a passenger motor vehicle; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $11,615,850, of which $1,200,000 shall remain available until expended: Provided, That appropriations under this head shall be available for replacement of Electromechanical Signal Devices for the legislative call system and for security improvements without regard to section 3709 of the Revised Statutes, as amended.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/531

 PUBLIC LAW 98-367—JULY 17, 1984

98 STAT. 483

CAPITOL GROUNDS

For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House Office Buildings, and the Capitol Power Plant, $2,796,000, of which $10,000 shall remain available until expended. SENATE OFFICE BUILDINGS

For all necessary expenses for maintenance, care and operation of the Senate Office Buildings; and furniture and furnishings, to be expended under the control and supervision of the Architect of the Capitol, $19,241,000 of which $2,394,000 shall remain available until expended, and $1,521,000 to be made available immediately upon enactment into law of this Act; in all, $20,762,000. HOUSE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of the House Office Buildings, including the position of Superintendent of Garages as authorized by law, $22,750,000, of which $2,070,000 shall remain available until expended: Provided, That, 40 USC 175 note. notwithstanding any other provision of law, the House Office Building Commission is authorized to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located at 501 First Street, S.E., on a portion of Reservation 17 in the District of Columbia when such building is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955, and to incur any expenditures under this appropriation required for alterations, maintenance, and occupancy thereof: Provided further. That any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the "House Office Buildings" and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings. CAPITOL POWER PLANT (INCLUDING RESCISSION OF FUNDS)

For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; for lighting, heating, and power (including the purcheise of electrical energy) for the Capitol, Senate and House Office Buildings, Congressional Library Buildings, and the grounds about the same. Botanic Garden, Senate garage, and for air conditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office and Washington City Post Office and heating and chilled water for air conditioning for the Supreme Court Building, Union Station complex and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation; $23,834,000: Provided, That not to exceed $1,950,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 1985.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/532

 98 STAT. 484

PUBLIC LAW 98-367—JULY 17, 1984 Of the funds appropriated under this head in Public Law 97-51, made available until expended, $914,000 are rescinded. LffiRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE SALARIES AND EXPENSES

2 USC 166 and note.

2 USC 166.

Effective date.

For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended by section 321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166) and to revise and extend the Annotated Constitution of the United States of America, $39,833,000: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any puolication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has o b t ^ e d prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration: Provided further. That, notwithstanding any other provisions of law, the compensation of the Director of the (Congressional Research Service, Library of Congress, shall be at an annual rate which is equal to the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code: Provided further, That this rate of basic pay shall take effect on the first day of the first applicable pay period commencing on or after the date of enactment of this Act. GOVERNMENT PRINTING OFFICE CONGRESSIONAL PRINTING AND BINDING

For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); and printing and binding of Government publications authorized by law to be distributed to Members of Congress, $80,800,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture) or for printing and binding copies of the permanent edition of the Concessional Record for individual Representatives, Resident Commissioners or Delegates authorized under 44 U.S.C. 906: Provided further. That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. This title may be cited as the "Congressional Operations Appropriation Act, 1985". TITLE II—OTHER AGENCIES BOTANIC GARDEN SALARIES AND EXPENSES

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds,

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Page:United States Statutes at Large Volume 98 Part 1.djvu/533

 PUBLIC LAW 98-367—JULY 17, 1984 and collections; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $2,044,000, of which $20,000 shall remain available until expended. LIBRARY OF CONGRESS SALARIES AND EXPENSES

For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care and maintenance of the Library Buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center and the American Television and Radio Archives in the Library; preparation and distribution of catalog cards and other publications of the Library; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $137,492,000, of which not more than $4,300,000 shall be derived from collections credited to this appropriation during fiscal year 1985 under the Act of June 28, 1902, as amended (2 U.S.C. 150): Provided, That the total amount available for obligation shall be reduced by the amount by which collections are less than the $4,300,000: Provided further, That, of the total amount appropriated, $5,242,000 is to remain available until expended for acquisition of books, periodicals, and newspapers, and all other materials including subscriptions for bibliographic services for the Library, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections. COPYRIGHT OFFICE SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $17,102,000, of which not more than $6,000,000 shall be derived from collections credited to this appropriation during fiscal year 1985 under 17 U.S.C. 708(c): Provided, That the total amount available for obligation shall be reduced by the amount by which collections are less than the $6,000,000. BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED SALARIES AND EXPENSES

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931, as amended (2 U.S.C. 135a), $36,592,000. COLLECTION AND DISTRIBUTION OF LIBRARY MATERIALS (SPECIAL FOREIGN CURRENCY PROGRAM)

For necessary expenses for carrying out the provisions of section 1040t))(5) of the Agricultural Trade Development and Assistance Act

98 STAT. 485

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 98 STAT. 486

92 Stat. 790.

PUBLIC LAW 98-367—JULY 17, 1984 of 1954, as amended (7 U.S.C. 1704), to remain available until expended, $3,318,000, and, in addition, $300,000 to be derived by release of that amount withheld from obligation by the Librarian of Congress pursuant to section 311 of Public Law 95-391, of which $3,111,000 shall be available only for payments in any foreign currencies owed to or owned by the United States which the Treasury Department shall determine to be excess to the normal requirements of the United States. FURNITURE AND FURNISHINGS

For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, $1,673,000. ADMINISTRATIVE PROVISIONS

Prohibition.

SEC. 201. Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $146,875, of which $54,950 is for the Congressional Research Service, when specifically authorized by the Librarian, for expenses of attendance at meetings concerned with the function or activity for which the appropriation is made. SEC. 202. (a) No part of the funds appropriated in this Act shall be used by the Library of Congress to administer any flexible or compressed work schedule which— (1) applies to any manager or supervisor in a position the grade or level of which is equal to or higher than GS-15; and (2) grants the manager or supervisor the right to not be at work for all or a portion of a workday because of time worked by the manager or supervisor on another workday. (b) For purposes of this section, the term "manager or supervisor" means any management official or supervisor, as such terms are defined in section 7103(a) (10) and (11) of title 5, United States Code. ARCHITECT OF THE CAPITOL LIBRARY BUILDINGS AND GROUNDS STRUCTURAL AND MECHANICAL CARE

For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $5,709,000, of which $310,000 shall remain available until expended. COPYRIGHT ROYALTY TRIBUNAL SALARIES AND EXPENSES

For necessary expenses of the Copyright Royalty Tribunal, $722,000, of which $505,000 shall be derived by collections from the appropriation "Payments to Copyright Owners" for the reasonable costs incurred in proceedings involving distribution of royalty fees as provided by 17 U.S.C. 807.

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 PUBLIC LAW 98-367—JULY 17, 1984

98 STAT. 487

GOVERNMENT PRINTING OFFICE PRINTING AND BINDING

For printing, binding, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $13,200,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. OFFICE OF SUPERINTENDENT OF DOCUMENTS SALARIES AND EXPENSES

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the provisions of 44 U.S.C. 305; travel expenses (not to exceed $88,300); price lists and bibliographies; repairs to buildings, elevators, and machinery; and supplying books to depository libraries; $28,868,000: Provided, That $300,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 1512), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. GOVERNMENT PRINTING OFFICE REVOLVING FUND

The Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be neces- 31 USC 9104. sary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the "Government Printing Office revolving fund": Provided, That not to exceed $5,000 may be expended on the certification of the Public Printer in connection with special studies of government printing, binding, and distribution practices and procedures: Provided further. That during the current fiscal year the revolving fund shall be available for the hire of two passenger motor vehicles and the purchase of one passenger motor vehicle: Provided further. That expenditures in connection with travel expenses of the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: Provided further. That the revolving fund shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS-18: Provided further. That the revolving fund shall be available to acquire needed land, located in Northwest D.C., which is adjacent to the present Government Printing Office, and is bounded by New Jersey Avenue and the western property line of the Government Printing Office, between G and H Streets.

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 98 STAT. 488

PUBLIC LAW 98-367—JULY 17, 1984 GENERAL ACCOUNTING OFFICE SALARIES AND EXPENSES

Governmental Standards Accounting Board.

For necessary expenses of the General Accounting Office, including not to exceed $5,000 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS-18; hire of one passenger motor vehicle; advance pa3mtients in foreign countries notwithstanding 31 U.S.C. 3324; benefits comparable to those payable under sections 901(5), 901(6) and 901(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 4081(6) and 4081(8), respectively); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(b)); $294,704,000: Provided, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint Financial Management Improvement Program (JFMIP) shall be available to finance an appropriate share of JFMIP costs as determined by the JFMIP, including but not limited to the salary of the Executive Director and secretarial support: Provided further. That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of Forum costs as determined by the Forum, including necessary travel expenses of non-Federal participants. Payments hereunder to either the Forum or the JFMIP may be credited as reimbursements to any appropriation from which costs involved are initially financed: Provided further. That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the American Consortium on International Public Administration (ACIPA) shall be available to finance an appropriate share of ACIPA costs as determined by the ACIPA, including any expenses attributable to membership of ACIPA in the International Institute of Administrative Sciences: Provided further. That this appropriation shall be available to finance a portion, not to exceed $50,000, of the costs of the Governmental Accounting Standards Board. RAILROAD ACCOUNTING PRINCIPLES BOARD SALARIES AND EXPENSES

For salaries and expenses of the Railroad Accounting Principles Board, $1,000,000, to be expended in accordance with the provisions of H.R. 4439, as passed by the House of Representatives on February 7, 1984.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/537

 PUBLIC LAW 98-367—JULY 17, 1984

98 STAT. 489

TITLE III—GENERAL PROVISIONS SEC. 301. No part of the funds appropriated in this Act shall be Prohibition. used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration. SEC. 302. No part of any appropriation contained in this Act shall Prohibition. remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 303. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein 46 Stat. 32. or whenever the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto. SEC. 304. The expenditure of any appropriation under this Act for Contracts with any consulting service through procurement contract, pursuant to U.S. 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. This Act may be cited as the "Legislative Branch Appropriations Act, 1985". Approved July 17, 1984.

LEGISLATIVE HISTORY—H.R. 5753: HOUSE REPORTS: No. 98-811 (Comm. on Appropriations) and No. 98-870 (Comm. of SENATE REPORT No. 98-515 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 130 (1984): June 6, considered and passed House. June 21, considered and passed Senate, amended. June 28, House agreed to conference report and concurred in Senate amendments; Senate agreed to conference report.

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 98 STAT. 490

PUBLIC LAW 98-368—JULY 17, 1984

Public Law 98- 368 98th Congress Joint Resolution July 17, 1984 [H.J. Res. 548]

Crimes and misdemeanors.

Authorizing the President's Commission on Organized Crime to compel the attendance and testimony of witnesses and the production of information, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, TAKING OF TESTIMONY AND RECEIPT OF EVIDENCE

18 USC 1961 note. 3 CFR, 1983 Comp., p. 202.

SECTION 1. The Commission established by the President by Executive Order 12435, dated July 28, 1983 (hereinafter in this joint resolution referred to as the "Commission"), may hold hearings. The powers authorized by this resolution shall be limited to the purposes set forth in section 2 of that Executive order. The Commission, or a member of the Commission or member of the staff of the Commission designated by the Commission for such purpose, may administer oaths and affirmations, examine witnesses, and receive evidence. SUBPENA POWER

Courts, U.S. 18 USC 1961 note.

28 USC app.

SEC. 2. (a) The Commission, or any member of the Commission when so authorized by the Commission, shall have the power to issue subpenas requiring the attendance and testimony of witnesses and the production of information relating to a matter under investigation by the Commission. A subpena may require the person to whom it is directed to produce such information at any time before such person is to testify. Such attendance of witnesses and the production of such evidence may be required from any place within the jurisdiction of the United States at any designated place of interview or hearing. A person to whom a subpena issued under this subsection is directed may for cause shown move to enlarge or shorten the time of attendance and testimony, or may move to quash or modify a subpena for the production of information if it is unreasonable or oppressive. In the case of a subpena issued for the purpose of taking a deposition upon oral examination, the person to be deposed may make any motion permitted under rule 26(c) of the Federal Rules of Civil Procedure. ^ (b)(1) In case of contumacy or refusal to obey a subpena issued to a person under this section, a court of the United States within the jurisdiction of which the person is directed to appear or produce information, or within the jurisdiction of which the person is found, resides, or transacts business, may upon application by the Attorney General, issue to such person an order requiring such person to appear before the Commission, or before a member of the Commission or a member of the staff of the Commission designated by the Commission for such purpose, there to give testimony or produce information relating to the matter under investigation, as required by the subpena. Any failure to obey such order of the court may be punished by the court as a contempt thereof.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/539

 PUBLIC LAW 98-368—JULY 17, 1984 (2) The Commission is an agency of the United States for the purpose of rule 81(a)(3) of the Federal Rules of Civil Procedure. (c) Process of a court to which application may be made under this section may be served in a judicial district wherein the person required to be served is found, resides, or transacts business.

98 STAT. 491 28 USC app.

TESTIMONY OF PERSONS IN CUSTODY

SEC. 3. A court of the United States within the jurisdiction in which testimony of a person held in custody is sought by the Commission or within the jurisdiction of which such person is held in custody, may, upon application by the Attorney General, issue a writ of habeas corpus ad testificandum requiring the custodian to produce such person before the Commission, or before a member of the Commission or a member of the staff of the Commission designated by the Commission for such purpose.

18 USC 1961 ^°^-

IMMUNITY

SEC. 4. The Commission is an agency of the United States for the purpose of part V of title 18 of the United States Code.

18 USC 1961 is^use 600i

SERVICE OF PROCESS; WITNESS FEES

SEC. 5. (a) Process and papers issued pursuant to this resolution may be served in person, by registered or certified mail, by telegraph, or by leaving a copy thereof at the residence or principal office or place of business of the person required to be served. When service is by registered or certified mail or by telegraph, the return post office receipt or telegraph receipt therefor shall be proof of service. Otherwise, the verified return by the individual making service, setting forth the manner of such service, shall be proof of service. (b) A witness summoned pursuant to this resolution shall be paid the same fees and mileage as are paid witnesses in the courts of the United States, and a witness whose deposition is taken and the person taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

18 USC 1961 ^°^-

ACCESS TO OTHER RECORDS AND INFORMATION

SEC. 6. (a)(1) The investigative activities of the Commission are civil or criminal law enforcement activities for the purposes of section 552a(b)(7) of title 5, United States Code, except that section 552a(c)(3) shall apply after the termination of the Commission. (2) The Commission is a Government authority, and an investigation conducted by the Commission is a law enforcement inquiry, for the purposes of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.). Any delay authorized by court order in the notice required under that Act shall not exceed the life of the Commission, including any extension thereof. Notwithstanding a delay authorized by court order, if the Commission elects to publicly disclose the information in hearings or otherwise, it shall give notice required under the Right to Financial Privacy Act a reasonable time in advance of such disclosure. (b) For the purposes of section 2517 of title 18, United States Code, and as limited by subsection (c), the members and members of the staff of the Commission are investigative or law enforcement off!-

Law public^™^"^^ information. 18 USC I96i note.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/540

 98 STAT. 492 18 USC 2516.

18 USC 2510 ^^ ««93 eFR, 1983

PUBLIC LAW 98-368—JULY 17, 1984 cers, except that in the case of a disclosure to or by any member or member of the staff of the Commission of any of the contents of a communication intercepted under section 2516(1) of such title, such disclosure may be made only after the Attorney General or the Attorney General's designee has had an opportunity to determine that such disclosure may jeopardize Federal law enforcement interests and has not made that determination, and in the case of a disclosure to or by any member or member of the staff of the Commission of any of the contents of a communication intercepted under section 2516(2) of such title, such disclosure may be made only after the appropriate State official has had an opportunity to make a determination that such disclosure may jeopardize State law enforcement interests and has not made that determination. (c)(1) A person to whom disclosure of information is made under this section shall use such information solely in the performance of such person's duties for the Commission and shall make no disclosure of such information except as provided for by this joint resolution, or as otherwise authorized by law. (2) A disclosure or use by a member or a member of the staff of the Commission of the contents of a communication intercepted under chapter 119 of title 18 of the United States Code may be made solely in the course of carrying o u t the functions of the Commission a s such functions were established by Executive Order 12435, dated July 28, 1983.

Comp., p. 202. FEDERAL PROTECTION FOR MEMBERS AND STAFF OF THE COMMISSION

18 USC 1961 »o*e.

SEC. 7. Conduct, which if directed against a United States attorney would violate section 111 o r 1114 of title 18, United States Code, shall, if directed against a member of the Commission or a member of the staff of the Commission, be subject to the same punishments as a r e provided by such sections for such conduct. CLOSURE OF MEETINGS

18 USC 1961 note; 5 Ubc app.

SEC. 8. The functions of the President under section 10(d) of the Federal Advisory Committee Act (5 U.S.C. App. 10(d)) shall b e performed by the Chairman of the Commission. RULES AND PROCEDURES OF THE COMMISSION

18 USC 1961 "^ote-

SEC. 9. (a) The Commission shall adopt rules and procedures (1) to govern its proceedings; (2) to provide for the security of records, documents, information, and other materials in its custody and of its proceedings; (3) to prevent unauthorized disclosure of information and materials disclosed to i t in the course of its inquiry; (4) to provide the right to counsel to all witnesses examined pursuant to subpena; and (5) to accord the full protection of all rights secured and guaranteed by the Constitution of the United States. (b) N o information in the possession of the Commission shall b e disclosed by any member or employee of the Commission to any person who is not a member or employee of the Commission, except as authorized by the Commission and by law. (c) The term "employee of the Commission" means a person (1) whose services have been retained by the Commission, (2) who has been specifically designated by the Commission a s authorized to have access to information in the possession of the Commission, and (3) who has agreed in writing and under oath to be bound by the

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Page:United States Statutes at Large Volume 98 Part 1.djvu/541

 PUBLIC LAW 98-368—JULY 17, 1984

98 STAT. 493

rules of the Commission, the provisions of this resolution, and other provisions of law relating to the nondisclosure of information. EFFECTIVE DATES OF RESOLUTION

SEC. 10. This joint resolution shall take effect on the date of 18 USC 1961 enactment and shall remain in effect until the expiration of the ^°Commission, including any extensions thereof, or two years, whichever event occurs earlier. Approved July 17, 1984.

fvlJ

LEGISLATIVE HISTORY—H.J. Res. 54^^(S.J. Res. 233): HOUSE REPORT No. 98-734 (Comm. on the Judiciary). SENATE REPORT No. 98-501 accompanying S.J. Res. 233 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 130 (1984): May 7, considered and passed House. June 15, considered and passed Senate, amended, in lieu of S.J. Res. 233. June 26, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/542

 98 STAT. 494

PUBLIC LAW 98-369—JULY 18, 1984

Public Law 98-369 98th Congress An Act July 18, 1984 [H.R. 4170] Deficit Reduction Act of 1984. 26 USC 1 note.

To provide for tax reform, and for deficit reduction.

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

(a) SHORT TITLE.—This Act may be cited as the "Deficit Reduction Act of 1984". (b) ACT DIVIDED INTO 2 DIVISIONS.—This Act consists of 2 divisions

as follows: (1) DIVISION A.—Tax Reform Act of 1984. (2) DIVISION B.—Spending Reduction Act of 1984.

DIVISION A—TAX REFORM ACT OF 1984

Tax Reform Act of 1984. 26 USC 1 note.

SEC. 5. SHORT TITLE; ETC.

26 USC 1 et seq.

(a) SHORT TITLE.—This division may be cited as the "Tax Reform Act of 1984". (b) AMENDMENT OF 1954 CODE.—Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954. SEC. 10. TABLE OF CONTENTS. Section 1. Short title. DIVISION A—TAX REFORM ACT OF 1984 Sec. 5. Short title, etc. TITLE I—TAX FREEZE; TAX REFORMS GENERALLY Sec. 10. Table of contents. Subtitle A—Deferral of Certain Tax Reductions PART I—INCOME TAX PROVISIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

11. 12. 13. 14. 15. 16. 17. 18.

Amount of used property eligible for investment tax credit. Finance lease provisions. Election to expense certain depreciable business assets. Employee stock ownership credit. Cost-of-living adjustments in pension plan limitations. Repeal of partial interest exclusion. Foreign earned income of individuals. Effective date. PART II—ESTATE AND GIFT TAX RATES

Sec. 21. Maximum rate. PART III—EXCISE TAXES

Sec. 25. Tax rate on newly discovered oil. Sec. 26. Excise tax on communications services. Sec. 27. Excise tax on distilled spirits.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/543

 PUBLIC LAW 98-369—JULY 18, 1984 Subtitle B—Tax-Exempt Entity Leasing Sec. 31. Denial of tax incentives for property leased to governments and other taxexempt entities. Sec. 32. Motor vehicle operating leases. Subtitle C—Treatment of Bonds and Other Debt Instruments Sec. 41. Treatment of bonds and other debt instruments. Sec. 42. Technical and conforming amendments related to original issue discount changes. Sec. 43. Technical and conforming amendments related to treatment of market discount and acquisition discount. Sec. 44. Effective dates. Subtitle D—Corporate Provisions PART I—LIMITATIONS ON DIVIDENDS RECEIVED DEDUCTION

Sec. 51. Dividends received deduction reduced where portfolio stock is debt financed. Sec. 52. Treatment of dividends from regulated investment companies. PART II—TREATMENT OF CERTAIN DISTRIBUTIONS

Sec. 53. Corporate shareholder's basis in stock reduced by nontaxed portion of extraordinary dividends. Sec. 54. Distribution of appreciated property by corporations. Sec. 55. Extension of holding period for losses attributable to capital gain dividends of regulated investment companies or real estate investment trusts. PART III—MISCELLANEOUS PROVISIONS

Sec. 56. Denial of deductions for certain expenses incurred in connection with short sales. Sec. 57. Nonrecognition of gain or loss by corporation on options with respect to its stock. Sec. 58. Amendments to accumulated earnings tax. Sec. 59. Repeal of stock for debt exception for purposes of determining income from discharge of indebtedness. Sec. 60. Affiliated group defined. Sec. 61. Provisions relating to earnings and profits. Sec. 62. 2-year delay in application of the net operating loss rules added by the Tax Reform Act of 1976. Sec. 63. Target corporation must distribute assets after reorganization described in section 368(a)(l)(C). Sec. 64. Definition of control for purposes of nondivisive reorganizations under section 368(a)(l)(D). Sec. 65. Collapsible corporations. Sec. 66. Phsise-out of graduated rates for large corporations. Sec. 67. Restrictions on golden parachute payments. Sec. 68. Increase in reduction in certain corporate preference items from 15 percent to 20 percent. Sec. Sec. Sec. Sec.

71. 72. 73. 74.

Sec. 75. Sec. 76. Sec. 77. Sec. 78. Sec. 79.

Subtitle E—Partnership Provisions Partnership allocations with respect to contributed property. Determination of distributive shares when partner's interest changes. Payments to partners for property or certain services. Contributions to a partnership of unrealized receivables, inventory items, or capital loss property. Transfers of partnership and trust interests by corporations. Application of section 751 in the case of tiered partnerships. Section 1031 not applicable to partnership interests; limitation on the period during which like kind exchanges may be made. Elimination of basis strips under section 734(b). Overruling of Raphan case.

Subtitle F—Trust Provisions Sec. 81. Treatment of property distributed in kind. Sec. 82. Treatment of multiple trusts. Subtitle G—Accounting Changes Sec. 91. Certain amounts not treated as incurred before economic performance. Sec. 92. Treatment of certain deferred payments for use of property or services.

98 STAT. 495

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Page:United States Statutes at Large Volume 98 Part 1.djvu/544

 98 STAT. 496

PUBLIC LAW 98-369—JULY 18, 1984 Sec. 93. Amortization of construction period interest and taxes for residential real property held by corporations. Sec. 94. Capitalization of start-up expenditures. Sec. 95. LIFO conformity rules applied on controlled group basis. Subtitle H—Provisions Relating to Tax Straddles Sec. 101. Repeal of exception from straddle rules for stock options and certain stock. Sec. 102. Section 1256 extended to certain options. Sec. 103. Regulations under section 1092(b). Sec. 104. Limitation on losses from hedging transactions. Sec. 105. Clarification that section 1234 applies to options on regulated futures contracts and cash settlement options. Sec. 106. Wash sale rules to apply to losses on certain short sales. Sec. 107. Time for identification by taxpayer of certain transactions. Sec. 108. Treatment of certain losses on straddles entered into before effective date of Economic Recovery Tax Act of 1981. Sec. Sec. Sec. Sec.

111. 112. 113. 114.

Subtitle I—Depreciation Recovery period for certain real property extended to 18 years. Recapture in case of installment sales. Provisions relating to sound recordings and films. Definition of section 38 property in sale-leaseback transactions. Subtitle J—Foreign Provisions PART I—CHANGES IN SOURCE AND CHARACTER RULES

Sec. 121. Certain amounts treated as derived from United States sources for purposes of limitation on foreign tax credit. Sec. 122. Certain amounts treated as interest for purposes of the limitation on the foreign tax credit. Sec. 123. Treatment of related person factoring income. Sec. 124. Treatment of certain transportation income. Sec. 125. Treatment of certain distributions received by United States-owned foreign corporations. Sec. 126. Allocation under section 861 of research and experimental expenditures. PART II—WITHHOLDING PROVISIONS

Sec. 127. Repeal of 30 percent tax on interest received by foreign persons on certain portfolio investments. Sec. 128. Treatment of United States source original issue discount in case of foreign persons. Sec. 129. Withholding of tax on dispositions of United States real property interests. Sec. 130. Treatment of payments to Guam and Virgin Islands corporations. PART III—TAXATION OF CERTAIN TRANSFERS OF PROPERTY OUTSIDE THE UNITED STATES

Sec. 131. Taxation of certain transfers of property outside the United States. PART IV—MISCELLANEOUS FOREIGN CORPORATE PROVISIONS

Sec. Sec. Sec. Sec. Sec. Sec.

132. 133. 134. 135. 136. 137.

Amendments related to foreign personal holding companies. Amendments related to section 1248. Definition of foreign investment company. Application of collapsible corporation rules to foreign corporations. Stapled stock; stapled entities. Services relating to insurance policies are treated as performed in country of risk. PART V—TREATMENT OF A U E N INDIVIDUALS

Sec. 138. Definition of resident alien and nonresident alien. Sec. 139. Treatment of community income. Subtitle K—Reporting, Penalty, and Other Provisions PART I—PROVISIONS RELATING TO TAX SHELTERS

Sec. 141. Registration of tax shelters. Sec. 142. Organizers and sellers of potentially abusive tax shelters must keep lists of investors.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/545

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 497

Sec. 143. Increase in penalty for promoting abusive tax shelters; injunction against aiding or abetting understatement of tax liability. Sec. 144. Increased rate of interest on substantial underpayments attributable to certain tax motivated transactions. PART II—INFORMATION REPORTING PROVISIONS

Sec. 145. Returns relating to mortgage interest received in trade or business from individuals. Sec. 146. Returns relating to cash received in trade or business. Sec. 147. Provisions relating to individual retirement accounts. Sec. 148. Returns relating to foreclosures and abandonments of security. Sec. 149. Returns relating to exchanges of partnership interests where unrealized receivables, etc., involved. Sec. 150. Statements required in case of certain substitute payments. Sec. 151. Reporting of State and local refunds not required with respect to nonitemizers. Sec. 152. Furnishing of TIN under backup withholding. PART III—OTHER C!OMPUANCE PROVISIONS

Sec. 155. Substantiation of charitable contributions; modifications of incorrect valuation penalty. Sec. 156. Authorization to disregard appraisals of persons penalized for aiding in understatements of tax liability. Sec. 157. Limitation on mailing of deposits of taxes. Sec. 158. Interest on certain additions to tax. Sec. 159. Penalty for fraudulent withholding exemption certificate or failure to supply information. Sec. 160. Application of penalty for frivolous proceedings to pending Tax G)urt proceedings. Sec. 161. Failure to request change of method of accounting. Sec. 162. Clarification of change of venue for certain tax offenses. Sec. 163. Extension of statute of limitations with respect to certain expenditures relating to contributions in aid of construction. Subtitle L—Miscellaneous Provisions Inclusion of tax benefit items in income. Loans with below-market interest rates. Eligibility for income averaging. Amendments to section 267. - ^ • Amendments to section 1239. Recapture of net ordinary losses under section 1231. Repeal of exemption from Federal tax of the Federal Home Loan Mortgage Corporation. Sec. 178. Special rule relating to sales or exchanges of certain economic interests in coal between related parties. Sec. 179. Limitation on amount of depreciation and investment tax credit for luxury automobiles; limitation where certain property used for personal purposes.

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

171. 172. 173. 174. 175. 176. 177.

TITLE II—LIFE INSURANCE PROVISIONS Sec. 201. Table of sections for part I of subchapter L. «a. 4«. «i«

Subtitle A—Taxation of Life Insurance Companies

^,. „

, ^r.

^' '~'^'

PART I—AMENDMENT O^ SUBCHAPTER L

Sec. 211. Amendment of subchapter L. Sec. 212. Certain reinsurance agreements. PART II—EFFECTIVE DATE; TRANSITIONAL RULES

'

SUBPART A — EFFECTIVE DATE

Sec. 215. Effective date. SUBPART B—TRANSITIONAL RULES

Sec. Sec. Sec. Sec.

216. 217. 218. 219.

Reserves computed on new basis; fresh start. Other special rules. Underpayments of estimated tax for 1984. Clarification of authority to require certain information.

31 194 0 - 86 - 18: QL, 3 Part 1

^t;

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Page:United States Statutes at Large Volume 98 Part 1.djvu/546

 98 STAT. 498

PUBLIC LAW 98-369—JULY 18, 1984 Sec. Sec. Sec. Sec.

221. 222. 223. 224.

Subtitle B—Taxation of Life Insurance Products Definition of life insurance contract. Treatment of certeiin annuity contracts. Group-term life insurance purchased for employees. Treatment of certain exchanges of insurance policies. Subtitle C—Studies

Sec. 231. Studies. TITLE III—REVISION OF PRIVATE FOUNDATION PROVISIONS Sec. 301. Limitations on deduction for contributions to private foundations. Sec. 302. Exemption for certain operating foundations from excise tax on investment income. Sec. 303. Reduction in excise tax on investment income where private foundation meets certain distribution requirements. Sec. 304. Amendment to taxes on failure to distribute income. Sec. 305. Abatement of first tier taxes in certain cases. Sec. 306. Miscellaneous amendments. Sec. 307. 5-year extension of retjuirement to dispose of certain excess holdings attributable to large gifts and bequests. Sec. 308. Decreases attributable to stock issuances not to reduce permitted percentage of holdings where decrease is 2 percent or less. Sec. 309. Aggregation of stock holdings of private foundation and disqualified persons in applying 95 percent ownership test. Sec. 310. 5-year period to dispose of excess holdings resulting from certain acquisitions by disqualified persons. Sec. 311. The conducting of certain games of chance not treated as unrelated trade or business. Sec. 312. Tax on self-dealing not to apply to certain stock purchases. Sec. 313. Person ceases to be substantial contributor after 10 years with no connection to foundation. Sec. 314. Technical amendments. TITLE IV—TAX SIMPLIFICATION Subtitle A—Revision and Simplification of Estimated Income Tax for Individuals Sec. 411. Revision of penalty for failure to pay estimated income tax. Sec. 412. Repeal of requirement of declarations, etc. Sec. 413. Crediting of income tax overpayment against estimated tax liability. Sec. 414. Effective dates. Subtitle B—Domestic Relations Treatment of transfers of property between spouses or incident to divorce. Tfix treatment of alimony and separate maintenance payments. Dependency exemption in the case of child of divorced parents, etc. Innocent spouse relieved of liability in certain cases. Treatment of certain property settlements for purposes of estate and gift taxes. Sec. 426. Income from sheltered workshops not taken into account in determining dependency exemption.

Sec. Sec. Sec. Sec. Sec.

421. 422. 423. 424. 425.

Subtitle C—Revision of At-Risk Rules Sec. 431. Revision of investment credit at-risk rules. Sec. 432. Exclusion of active businesses of qualified C corporations from at-risk rules, etc. Subtitle D—Miscellaneous Treasury Administrative Provisions PART I—PROVISIONS NOT RELATING TO DISTILLED SPIRPTS TAX

Sec. Sec. Sec. Sec.

441. 442. 443. 444.

Simplification of certain reporting requirements. Removal of $1,000,000 limitation on working capital fund. Increase in limitation on revolving fund for redemption of real property. Removal of $1,000,000 limitation on special authority to dispose of obligations. Sec. 445. Secretary of the Treasury authorized to accept gifts and bequests. Sec. 446. Extension of period for court review of jeopardy assessment where prompt service not made on the United States. Sec. 447. Extension of period during which additional tax shown on amended return may be assessed.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/547

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 499

Sec. 448. Treatment of certain guaranteed drafts issued by flnancial institutions. Sec. 449. Disclosure of windfall profit tax information to State tax officials. Sec. 450. Finsincial reporting of investment tax credits. PART II—PROVISIONS RELATING TO DISTILLED SPIRFTS

Sec. 451. Repeal of occupational tax on manufacturers of stills and condensers; notices of manufacture and set up of stills. Sec. 452. Allowance of drawback claims even where certain requirements not met. Sec. 453. Disclosure of alcohol fuel producers to administrators of State alcohol laws. Sec. 454. Repeal of stamp requirement for distilled spirits. Sec. 455. Cooking wine may be fortified using distilled spirits. Sec. 456. Effective dates. Sec. Sec. Sec. Sec. Sec.

461. 462. 463. 464. 465.

Subtitle E—Tax Court Provisions Increase in jurisdictional limit for small cases. Annuities to survivors of Tsix Court judges. Proceedings which may be assigned to commissioners. Special trial judges. Pliblicity of Tax Court proceedings.

Sec. Sec. Sec. Sec. Sec.

471. 472. 473. 474. 475.

Subtitle F—Simplification of Income Tjix Credits Credits grouped together in more logical order. Uniform limitation on personal nonrefundable credits. Uniform carryover provisions for business-related credits. Technical and conforming amendments. Effective dates.

Subtitle G—Miscellaneous Simplification Provisions Sec. 481. Preferred stock eligible under section 1244. Sec. 482. Medical care deduction allowed for lodging away from home in certain cases. Subtitle H—Repeal of Certain Obsolete Provisions Sec. 491. Termination of rules relating to qualified bond purchase plans and retirement bonds with respect to bonds issued after December 31, 1983. Sec. 492. Repeal of rules relating to gains from disposition of property used in farming where farm losses offset nonfarm income. TITLE V—EMPLOYEE BENEFIT PROVISIONS Subtitle A—Welfare Benefit Plans Sec. 511. Treatment of funded welfare benefit plans. Sec. 512. Treatment of unfunded deferred benefits. Sec. 513. Additioned requirements for tax-exempt status of certain organizations. Subtitle B—Provisions Relating to Pension Plans Sec. 521. Required distributions. Sec. 522. Rollover of certain partial distributions permitted. Sec. 523. Treatment of distributions where substantially all contributions are employee contributions. Sec. 524. Provisions relating to top-heavy plans. Sec. 525. Repeal of estate tax exclusion for qualified pension plan benefits. Sec. 526. Affiliated service groups, employee leasing arrangements, and collective bargaining agreements. Sec. 527. Provisions relating to cash or deferred arrangements. Sec. 528. Treatment of certain medical, etc., benefits under section 415. Sec. 529. Certain alimony treated as compensation. Subtitle C—Tax Treatment of Fringe Benefits Sec. 531. Exclusion of certain fringe benefits from gross income. Sec. 532. Exclusion of certain reductions in tuition from gross income. Subtitle D—Employee Stock Ownership Plans Sec. 541. Nonrecognition of gain on stock sold to employee stock ownership plans or certain cooperatives if qualified replacement property acquired. Sec. 542. Deductibility of certain dividend distributions from employee stock ownership plans.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/548

 98 STAT. 500

PUBLIC LAW 98-369—JULY 18, 1984 Sec. 543. Exclusion of interest on loans used to finance acquisition of employer securities by an ESOP. Sec. 544. Assumption of estate tax liability by employer stock ownership plan or cooperative receiving employer securities. Sec. 545. Excise tax on certain dispositions of employer securities by employee stock ownership plans and certain cooperatives. Subtitle E—Miscellaneous Sec. 551. Treatment of certain distributions from a qualified terminated plan. Sec. 552. Partial termination for certain pension plans. Sec. 553. Distribution requirements for accounts and annuities of an insurer in a rehabilitation proceeding. Sec. 554. Extension of time for repayment of qualified refunding loans. Sec. 555. Technical amendments to the incentive stock option provisions. Sec. 556. Time for making certain section 83(b) elections. Sec. 557. Employer and employee benefit association treated as related persons under section 1239. Sec. 558. Elimination of retroactive application of amendments made by Multiemployer Pension Plan Amendments Act of 1980. Sec. 559. Telecomniunication employees. Sec. 560. Study of employee welfare benefit plans. Sec. 561. Limitation accrual of vacation pay. TITLE VI—TAX-EXEMPT BOND PROVISIONS Sec. Sec. Sec. Sec.

611. 612. 613. 614.

Subtitle A—Mortgage Subsidy Bonds 4-year extension of mortgage subsidy bond authority. Mortgage credit certificates. Authority to borrow from Federal Financing Bank. Elimination of certain exceptions to the application of the Mortgage Subsidy Bond Tax Act of 1980. Subtitle B—Private Activity Bonds PART I—GENERAL RESTRICTIONS

Sec. 621. Limitation on aggregate amount of private activity bonds. Sec. 622. Tax exemption denied where obligation directly or indirectly guaranteed by Federal Government. Sec. 623. Aggregate limit per taxpayer for small issue exception. PART II—ARBITRAGE LIMITATIONS

Sec. 624. Arbitrage on nonpurpose obligations. Sec. 625. Student loan bonds. PART III—OTHER RESTRICTIONS

Sec. Sec. Sec. Sec.

626. 627. 628. 629.

Denial of tax exemption to consumer loan bonds. Limitations on acquisitions of land, existing facilities, etc. Miscellaneous industrial development bond provisions. Certain public utilities treated as exempted persons under section 103(b); special rules for certain railroads. Sec. 630. Extension of small issue industrial development bond exception. Sec. 631. Effective dates. Sec. 632. Miscellaneous exceptions and special rules. Subtitle C—Miscellaneous Provisions Sec. 641. Clarification of treatment of certain exemptions for purposes of the Federal estate and gift taxes. Sec. 642. Reports with transfers of public housing bonds. Sec. 643. Tax-exempt status of obligations of certain educational organizations. Sec. 644. Local furnishing of electricity or gas. Sec. 645. Local furnishing of electricity or gas where facility initially authorized by Federal Government. Sec. 646. Treasury Department decisions affecting tax-exempt bonds. Sec. 647. Special rule for possessions and District of Columbia. Sec. 648. Special arbitrage rule. TITLE VII—TECHNICAL CORRECTIONS Sec. 701. Coordination with other titles.

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