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 will depend upon the intelligent interest of the citizens of the State whether or not the good beginning shall be prosecuted to a good end.

If the question of utility be raised; if it be asked—as it undoubtedly will be by the common run of business men—What is the use of such a report as the one I have now the honor to transmit to you? Why should the State expend the hard-earned money of its citizens in publishing drawings of strange creatures buried in the mud of ancient peatbogs or in the sands of the sea bottom of ages long ago—creatures unlike any which now live, creatures belonging to an order of the world long since changed and done away—I have no definite answer to make to such a question. In a business sense it is of no use whatever, if one regards merely the facts drawn on the page plate. But even the merest business man will comprehend its utility, if he be interested in coal mines and can assure himself that the recognition of certain forms in one particular coal bed is likely to aid him in identifying that particular coal bed in other localities. The study of fossil shells found in formations beneath the coal measures is a really practical guide to certain limestone beds, and sometimes fixes in a very practical manner the order of rocks containing iron ore deposits, especially where downthrow faults have disturbed or concealed that order. If the location of mineral beds has anything to do with the order of formations, which no intelligent person questions, and if the study of fossils is a help in the study of the order of formations, which all geologists know to be true, then the Government is justified in ordering a complete survey of the fossils of the State, and the publication of their forms for the instruction of the people.

But apart from all money considerations, every plate of these extinct forms, so strange to living eyes, is a lesson for each and every man, enlarging the range of human education, and disciplining the intellect to the love and comprehension of the laws and forces of nature, so benificent to mankind.

.

Philadelphia, June 18, 1884.


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 97 STAT. 44 PUBLIC LAW 98-11 —MAR. 28, 1983 Natchez Trace National Scenic Trail. Map; public availability. Florida National Scenic Trail. Report; public availability. 16 USC 1244. "(12) The Natchez Trace National Scenic Trail, a trail system of approximately six hundred and ninety-four miles extending from Nashville, Tennessee, to Natchez, Mississippi, as depicted on the map entitled 'Concept Plan, Natchez Trace Trails Study' in 'The Natchez Trace', a report prepared by the Department of the Interior and dated August 1979. The map shall be on file and available for gublic inspection in the office of the Director of the National Park ervice, Department of the Interior, Washington, District of Colum- bia. The trail shall be administered by the Secretary of the Interior. "(13) The Florida National Scenic Trail, a route of approximately thirteen hundred miles extending through the State of Florida as generally depicted in 'The Florida Trail', a national scenic trail study draft report prepared by the Department of the Interior and dated February 1980. The report shall be on file and available for public inspection in the office of the Chief of the Forest Service, Washington, District of Columbia. No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the Florida Trail except with the consent of the owner thereof. The Secretary of Agriculture may designate lands outside of federally administered areas as segments of the trail, only upon application from the States or local governmental agencies involved, if such segments meet the criteria established in this Act and are administered by such agen- cies without expense to the United States. The trail shall be admin- istered by the Secretary of Agriculture.". (b) Section 5(b) of the National Trails System Act is amended— (1) by inserting after the second sentence the following: "The feasibility of designating a trail shall be determined on the basis of an evaluation of whether or not it is physically possible to develop a tredl along a route being studied, and whether the development of a trail would be financially feasible."; (2) in paragraph (b)(3), by inserting ''!&' before "U.S.C"; and (3) in paragraph (b)(llXB) by inserting the word "explora- tion," after "commerce," in the first sentence. (c) Section 5(c) of the National Trails Svstem Act is amended— (1) in paragraph (9), by striking out Sante Fe" and inserting in lieu thereof "Santa Fe"; and (2) by adding after paragraph (23) the following: "(24) Juan Bautista de Anza Trail, following the overland route taken by Juan Bautista de Anza in connection with his travels from the United Mexican States to San Francisco, California. " (25) Trail of Tears, including the associated forts and specifically, Fort Mitchell, Alabama, and historic properties, extending from the vicinity of Murphy, North Carolina, through Georgia, Alabama, Tennessee, Kentucky, Illinois, Missouri, and Arkansas, to the vicin- ity of Tsihlequah, Oklahoma. "(26) Illinois Trail, extending from the Lewis and CJlark Trail at Wood River, Illinois, to the Chicago Portage National Historic Site, generally following the Illinois River and the Illinois and Michigan Canal. "(27) Jedediah Smith Trail, to include the routes of the explora- tions led by Jedediah Smith— " (A) during the period 1826-1827, extending from the Idaho- Wyoming border, through the Great Salt Lake, Sevier, Virgin, and Colorado River Valleys, and the Mojave Desert, to the San Gabriel Mission, California; thence through the Tehachapi Mountains, San Joaquin and Stanislaus River Valleys, EJbbetts

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 PUBLIC LAW 98-11 —MAR. 28, 1983 97 STAT. 45 Pass, Walker River Valley, Bald Mount, Mount Grafton, and Great Salt Lake to Bear Lake, Utah; and "(B) during 1828, extending from the Sacramento and Trinity River Valleys along the Pacific coastline, through the Smith and Willamette River Valleys to the Fort Vancouver National Historic Site, Washington, on the Columbia River. "(28) General Crook Trail, extending from Prescott, Arizona, across the MogoUon Rim to Fort Apache. "(29) Beale Wagon Road, within the Kaibab and Coconino National Forests in Arizona: Provided, That such study may be prepared in conjunction with ongoing planning processes for these National Forests to be completed before 1990.". (d) Section 5(d) of the National Trails System Act is amended— 16 USC 1244. (1) by inserting after the first sentence the following: "If the appropriate Secretary is unable to establish such an advisory council because of the lack of adequate public interest, the Secretary shall so advise the appropriate committees of the Congress."; and (2) by redesignating paragraphs (i) through (iv) as paragraphs (1) through (4), respectively, and by amending paragraph (1) (as so redesignated) to read as follows: "(1) the head of each Federal department or independent agency administering lands through which the trail route passes, or his designee;". (e) Section 5(f) of the National Trails System Act is amended— (1) in paragraph (1), by striking out "national recreational" and inserting in lieu thereof "national historic", and by striking out "and" after the semicolon; (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following: "(3) a protection plan for any high potential historic sites or high potential route segments; and "(4) general and site-specific development plans, including anticinated costs " SEC. 206. Section 6 of the National Trails System Act is 16 USC 1245. amended— (1) in the first sentence, by inserting "by the appropriate Secretary" after "marked"; and (2) by striking out ": Provided" and all that follows through the period and inserting in lieu thereof the following: ", or, where the appropriate Secretary deems necessary or desirable, on privately owned lands with the consent of the landowner. Applications for approval and designation of connecting and side trails on non-Federal lands shall be submitted to the appropriate Secretary.". SEC. 207. (a) Section 7 of the National Trails System Act is 16 USC 1246. amended— (1) by striking out "SEC. 7. (a)" and inserting in lieu thereof "(2)"; and (2) by inserting the following immediately after the section heading: "SEC. 7. (a)(l)(A) The Secretary charged with the overall adminis- tration of a trail pursuant to section 5(a) shall, in administering and Ante, p. 43. managing the trml, consult with the heads of all other affected State and Federal agencies. Nothing contained in this Act shall be deemed to transfer among Federal agencies any management responsibil-

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 97 STAT. 46 PUBLIC LAW 98-11 —MAR. 28, 1983 Management transference, procedure. Ante, p. 43. 16 USC 1246. Trail interpretation sites. 16 USC 1246. Procedures or regulations. ities established under any other law for federally administered lands which are components of the National Trails System. Any transfer of management responsibilities may be carried out between the Secretary of the Interior and the Secretary of Agriculture only as provided under subparagraph (B). (B) The Secretary charged with the overall administration of any trail pursuant to section 5(a) may transfer management of any specified trail segment of such trail to the other appropriate Secre- tary pursuant to a joint memorandum of agreement containing such terms and conditions as the Secretaries consider most appropriate to accomplish the purposes of this Act. During any period in which management responsibilities for any trail segment are transferred under such an agreement, the management of any such segment shall be subject to the laws, rules, and regulations of the Secretary provided with the management authority under the agreement, except to such extent as the agreement may otherwise expressly provide. "; (3) in the first sentence of paragraph (2) of this subsection (a) (as redesignated by paragraph (1) of this subsection), by striking out "thereof, and inserting in lieu thereof "of the availability of appropriate maps or descriptions", and striking out ", together with appropriate maps and descriptions". (b) Section 7(b) is amended— (1) by inserting "of the availability of appropriate maps or descriptions" after "notice"; and (2) by striking out "together with appropriate maps and descriptions,". (c) Section 7(c) is amended by adding at the end thereof the following: "The appropriate Secretary may also provide for trail interpretation sites, which shall be located at historic sites along the route of any national scenic or national historic trail, in order to present information to the public about the trail, at the lowest possible cost, with emphasis on the portion of the trail passing through the State in which the site is located. Wherever possible, the sites shall be maintained by a State agency under a cooperative agreement between the appropriate Secretary and the State agency.". (d) Section 7(e) of the National Trails System Act is amended by— (1) deleting reference in the first sentence to "subsection (g)" and substituting, in lieu thereof, "subsection (f)"; and (2) by deleting the period at the end of the first sentence, and in lieu thereof, substituting a colon and the following proviso: "Provided further, That the appropriate Secretary may acquire lands or interests therein from local governments or govern- mental corporations with the consent of such entities.". (e) Section 7(f) of the National Trails System Act is amended by inserting "(1)" after "(f)" and by adding at the end thereof the following: "(2) In acquiring lands or interests therein for a National Scenic or Historic Trail, the appropriate Secretary may, with consent of a landowner, acquire whole tracts notwithstanding that parts of such tracts may lie outside the area of trail acquisition. In furtherance of the purposes of this Act, lands so acquired outside the area of trail acquisition may be exchanged for any non-Federal lands or interests therein within the trail right-of-way, or disposed of in accordance with such procedures or regulations as the appropriate Secretary shall prescribe, including: (i) provisions for conveyance of such

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 PUBLIC LAW 98-11 —MAR. 28, 1983 97 STAT. 47 acquired lands or interests therein at not less than fair market value to the highest bidder, and (ii) provisions for allowing the last owners of record a right to purchase said acquired lands or interests therein upon pa3ntnent or agreement to pay an amount equal to the highest bid price. For lands designated for exchange or disposal, the appropriate Secretary may convey these lands with any reservations or covenants deemed desirable to further the purposes of this Act. The proceeds from any disposal shall be credited to the appropri- ation bearing the costs of land acquisition for the affected trail.". (f) Section 7(g) of the National Trails System Act is amended in 16 USC 1246. the last sentence by striking out "No" and inserting in lieu thereof "Except for designated protected components of the trail, no". (g) Section 7(h) of the National Trails System Act is amended— (1) by inserting "(1)" after "(h)"; (2) in the second sentence, by striking out "a national scenic or national historic trail" and inserting in lieu thereof "such a trail"; (3) by inserting after the second sentence the following: "Such agreements may include provisions for limited financial assist- ance to encourage participation in the acquisition, protection, operation, development, or maintenance of such trails, provi- sions providing volunteer in the park or volunteer in the forest status (in accordance with the Volunteers in the Parks Act of 1969 and the Volunteers in the Forests Act of 1972) to individ- 16 USC I8g note, uals, private organizations, or landowners participating in such ^^^^ ^°^- activities, or provisions of both types. The appropriate Secretary shall also initiate consultations with affected States and their political subdivisions to encourage— "(A) the development and implementation by such enti- ties of appropriate measures to protect private landowners from trespass resulting from trail use and from unreason- able personal liability and property damage caused by trail use, and "(B) the development and implementation by such enti- ties of provisions for land practices, compatible with the purposes of this Act, for property within or adjacent to trail rights-of-way. After consulting with States and their political subdivisions under the preceding sentence, the Secretary may provide assistance to such entities under appropriate cooperative agreements in the manner provided by this subsection.; and (4) by striking out "Whenever the" in the last sentence of such subsection and inserting in lieu thereof the following: "(2) Whenever the". (h) Section 7(i) of the National Trails System Act is amended by 16 USC 1246. adding at the end thereof the following new sentence: "The Secre- tary responsible for the administration of any segment of any component of the National Trails System (as determined in a manner consistent with subsection (a)(1) of this section) may also utilize authorities related to units of the national park system or the national forest system, as the case may be, in carrying out his administrative responsibilities for such component.". (i) Section 7 of the National Trails System Act is amended by inserting after subsection (i) the following: "(j) Potential trail uses allowed on designated components of the Trail, uses. national trails system may include, but are not limited to, the following: bicycling, cross-country skiing, day hiking, equestrian

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 97 STAT. 48 PUBLIC LAW 98-11 —MAR. 28, 1983 26 USC 170 and note. 16 USC 1247. activities, jogging or similar fitness activities, trail biking, overnight and long-distance backpacking, snowmobiling, and surface water and underwater activities. Vehicles which may be permitted on certain trails may include, but need not be limited to, motorcycles, bicycles, four-wheel drive or all-terrain off-road vehicles. In ad(Ution, Restrictions. trail access for handicapped individuals may be provided. The provi- sions of this subsection shall not supersede any other provisions of this Act or other Federal laws, or any State or local laws. "(k) For the conservation purpose of preserving or enhancing the recreational, scenic, natural, or historical values of components of the national trails system, and environs thereof as determined by the appropriate Secretary, landowners are authorized to donate or otherwise convey qualifieid real property interests to qualified orga- nizations consistent with section 170(h)(3) of the Internal Revenue 26 USC 170. Code of 1954, including, but not limited to, right-of-way, open space, scenic, or conservation easements, without regard to any limitation on the nature of the estate or interest otherwise transferable within the jurisdiction where the land is located. The conveyance of any such interest in land in accordance with this subsection shall be deemed to further a Federal conservation policy and yield a signifi- cant public benefit for purposes of section 6 of Public Law 96-541.". SEC. 208. Section 8 of the National Trails System Act is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: "(d) The Secretary of Transportation, the Chairman of the Inter- state Commerce Commission, and the Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Reform Act of 1976, shall encourage State and local agencies and private interests to establish appropriate trails using the provisions of such programs. Coiisistent with the purposes of that Act, and in further- ance of the national policy to preserve established railroad rights-of- way for future reactivation of rail service, to protect rail transporta- tion corridors, and to encourage energy efficient transportation use, in the case of interim use of any established railroad rights-of-way pursuant to donation, transfer, lease, sale, or otherwise in a manner consistent with the National Trails System Act, if such interim use is subject to restoration or reconstruction for railroad purposes, such interim use shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of such rights-of-way for railroad purposes. If a State, political subdivision, or qualified private organi- zation is prepared to assume full responsibility for management of such rights-of-way and for any legal liability arising out of such transfer or use, and for the payment of any and all taxes that may be levied or assessed against such rights-of-way, then the Commis- sion shall impose such terms and conditions as a requirement of any transfer or conveyance for interim use in a manner consistent with this Act, and shall not permit abandonment or discontinuance inconsistent or disruptive of such use.". 16 USC 1249. SEC. 209. Section 10 of the National Trails System Act is amended— (1) by inserting "(a)(D" after "SEC. 10."; (2) by striking out "(a) The" in the second sentence and inserting in lieu thereof "for the"; (3) by striking out "It is the express intent" and inserting in lieu thereof the following: "(2) It is the express intent^'; 45 USC 801 note. Redlroad rights- of-way.

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 PUBLIC LAW 98-11 —MAR. 28, 1983 97 STAT. 49 (4) in subsection (a)(2) (as designated by paragraph (3) of this subsection), by inserting "Appalachian before "Trail"; and (5) in subsection (c)— (A) by inserting "(1)" after "(c)"; (B) by inserting before the period at the end of paragraph (1) (as designated by subparagraph (A) of this pars^aph) ", except that funds may be expended for the acquisition of lands or interests therein for the purpose of providing for one trail interpretation site, as described in section 7(c), along with such trail in each State crossed by the trail"; and (C) by adding at the end of each such subsection the following: "(2) There is hereby authorized to be appropriated for fiscal year 1983 and subsequent fiscal years such sums as may be necessary to implement the provisions of this Act relating to the trails designated by paragraphs (9) through (13) of section 5(a) of this Act. Not more than $500,000 may be appropriated for the purposes of acquisition of land and interests therein for the trail designated by section 5(a)(12) of this Act, and not more than $2,000,000 may be appropriated for the purposes of the development of such trail. The administering agency for the trail shall encourage volunteer trail groups to partici- pate in the development of the trail.". SEC. 210. The National Trails System Act is amended by adding the following new sections at the end thereof: Ante, p. 46. Appropriation authorization. Ante, p. 43. 16 USC 18g note, 558a note. VOLUNTEER TRAILS ASSISTANCE "SEC. 11. (a)(1) In addition to the cooperative agreement and other 16 USC 1250. authorities contained in this Act, the Secretary of the Interior, the Secretary of Agriculture, and the head of any Federal agency administering Federal lands, are authorized to encourage volunteers and volunteer organizations to plan, develop, maintain, and manage, where appropriate, trails throughout the Nation. "(2) Wherever appropriate in furtherance of the purposes of this Act, the Secretaries are authorized and encouraged to utilize the Volunteers in the Parks Act of 1969, the Volunteers in the Forests Act of 1972, and section 6 of the Land and Water Conservation Fund Act of 1965 (relating to the development of Statewide Comprehen- 16 USC 460/-8. sive Outdoor Recreation Plans). "(b) Each Secretary or the head of any Federal land managing agency may assist volunteers and volunteer organizations in plan- ning, developing, maintaining, and managing trails. Volunteer work may include, but need not be limited to— "(1) planning, developing, maintaining, or managing (A) trails which are components of the national trails system, or (B) trails which, if so developed and maintained, could qualify for desig- nation as components of the national trails system; or "(2) operating programs to organize and supervise volunteer trail building efforts with respect to the trails referred to in paragraph (1), conducting trail-related research projects, or pro- viding education and training to volunteers on methods of trails planning, construction, and maintenance. "(c) The appropriate Secretary or the head of any Federal land managing agency may utilize and make available Federal facilities, equipment, tools, and technical assistance to volunteers and volun- teer organizations, subject to such limitations and restrictions as the

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 97 STAT. 50 PUBLIC LAW 98-11—MAR. 28, 1983 appropriate Secretary or the head of any Federal land managing agency deems necessary or desirable. Definitions. "SEC. 12. As iised in this Act: 16 USC 1251. «*(i) The term 'high potential historic sites* means those his- toric sites related to the route, or sites in close proximity thereto, which provide opportunity to interpret the historic si^tiificance of the trail during the period of its major use. Criteria for consideration as high potential sites include historic significance, presence of visible historic remnants, scenic qual- ity, and relative freedom from intrusion. "(2) The term 'high potential route segments' means those segments of a trail which would afford high quality recreation experience in a portion of the route having greater than aver- age scenic values or affording an opportunity to vicariously share the experience of the original users of a historic route. "(3) The term 'State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific felands, the Northern Mariana Islands, and any other territory or possession of the United States. "(4) The term 'without expense to the United States' means that no funds may be expended by Federal agencies for the development of trail related facilities or for the acquisition of lands or interests in lands outside the exterior boundaries of Federal areas. For the purposes of the preceding sentence, amounts made available to any State or political subdivision under the Land and Water Conservation Fund Act of 1965 or 16 USC 460Z-4 any other provision of law shall not be treated as an expense to note. the United States.". TITLE III—DESIGNATION OF THE "BIZZ JOHNSON TRAIL" SEC. 301. The Congress finds that Harold T. "Bizz" Johnson, for twenty-two years a United States Representative from the State of California, should be afforded recognition for his deep appreciation and respect for the mountains, forests, rivers, and fertile valleys of northern California, and for his sustained efforts to protect areas especially suited to outdoor recreation and the enjojment of nature, and to assure public access thereto. Bizz Johnson took an early and leading interest in proposals to convert an abandoned railroad right- of-way in Lassen County to a twenty-five-mile trail to provide access to the undeveloped Susan River Canyon in the Sierra Nevada Mountains for hikers, horseback riders, cross-country skiers, handi- capped individuals, and others. As Representative for the First Congressional District he worked with, and provided major assist- ance to, local groups, officials of the city of Susanville and the county of Lassen, the Bureau of Land Management, the Forest Service, and the Trust for Public Land in implementing plans for the project. SEC. 302. The Susanville-Westwood Rails to Trails project described in a joint Bureau of Land Management/Forest Service Recreation Land Acquisition Composite, converting an abandoned railbed in Lassen County, California, extending from the county seat in Susanville westward twenty-five miles to Mason Junction, four mUes from the community of Westwood, and traversing the Susan River Canyon, to a public recreation trail is hereby designated and

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 PUBLIC LAW 98-11 —MAR. 28, 1983 97 STAT. 51 hereafter shall be known as the "Bizz Johnson Trail". Any law, regulation, record, map, or other document of the United States referring to this trail shall be held to refer to the "Bizz Johnson TVail", and any future regulations, records, maps, or other docu- ments of the United States, in reference to this trail, shall bear the name "Bizz Johnson Trail". SEC. 303. The Secretary of the Interior is authorized and directed, in cooperation with the city of Susanville and the county of Lassen, State of Csdifomia, to design and erect at a suitable location along the Bizz Johnson TVail an appropriate marker in commemoration of the outstanding contributions of Harold T. "Bizz" Johnson toward the protection of undeveloped scenic areas of northern California for the use and enjo5mient of the American people, in perpetuity. SEC. 304. There are authorized to be appropriated such sums as are necessary to carry out the provisions of this title. TITLE IV—ROY TAYLOR FOREST SEC. 401. The Congress finds and declares that Roy Taylor, for sixteen years a United States Representative from the State of North Carolina, a member of the Committee on Interior and Insular Affairs, and chairman of the Subcommittee on National Parks and Recreation, should be afforded recognition for his deep appreciation, affection and respect for the mountains, forests, and streams of western North Carolina, and for his sustained efforts to protect areas especially suited to outdoor recreation and the enjoyment of nature, and to assure public access thereto. SEC. 402. The thirty-nine thousand acres of forested mountain land within the Nantahala National Forest in Jackson County, North Carolina, commonly referred to as the Balsam-Bonas Defeat area, are hereby designated and hereafter shall be known as the "Roy Taylor Forest". Any law, regulation, record, map, or other document of the United States referring to this land shall be held to refer to the "Roy Taylor Forest", and any future regulations, records, maps, or other documents of the United States, in reference to this area of the Nantahala National Forest, shall bear the name "Roy Taylor Forest". SEC. 403. The Secretary of Agriculture is authorized and directed, in cooperation with the county of Jackson, State of North Carolina, to design and erect at a suitable location in the Roy Taylor Forest area an appropriate marker in commemoration of the outstanding contributions of Roy Taylor toward the protection of public lands in western North Carolina and the Nation for the use and enjoyment of the American people. SEC. 404. The Secretary of the Interior is authorized and directed to make designations regarding the Roy Taylor Forest area in publications produced for the Blue Ridge Parkway. The Secretary is further authorized to erect appropriate signs at a suitable location on the Blue Ridge Parkway to commemorate the contributions of Roy Taylor and the designation of the forest area authorized in this title. SEC. 405. There are authorized to be appropriated such sums as are necessary to carry out the provisions of this title. Appropriation authorization. Appropriation authorization.

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 97 STAT. 52 PUBLIC LAW 98-11 —MAR. 28, 1983 TITLE V—COMMEMORATION OF THE TRAVELS OF WILLIAM BARTRAM SEC. 501. (a) The Congress finds that— (1) William Bartram's travels contributed to natural history, literature, and exploration and are of national and regional si^iificance; (2) a wider segment of the public should be afforded the opportunity to share in Bartram's natural, cultural, and his- toric resource contributions to America's heritage; and (3) a segmented William Bartram Heritage Trail would be a practical and appropriate conmiemoration to a great American naturalist worthy of national recognition. Donations. (b) In Order that significant route segments and sites, recognized as associated with the travels of William Bartram may be distin- guished by suitable markers, the Secretary of the Interior is author- ized to accept the donations of such suitable markers for placement at appropriate locations on lands administered by the Secretary of the Interior and, with the concurrence of the Secretary of Agricul- ture and other appropriate heads of Federal agencies, on lands under their jurisdiction. The determination of the placement of markers to commemorate the travels of William Bartram shall be made by the Secretary of the Interior in consultation with the Bartram Trail conference and affected local and State governments. Such markers shall be placed by the Secretary of the Interior pursuant to the authority granted by the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other pur- 16 USC 461 note, poses", approved August 21, 1935 (16 U.S.C. 470 et seq.). (c) The markers authorized by subsection Oi>) shall be placed in association with the William Bsui^ram Trail segments identified on maps contained in the study entitled "Bartram Trail, National Scenic/Historic Trail Study", dated February 1982, and submitted to the Congress pursuant to the provisions of section 5 of the National Trails Systems Act (16 U.S.C. 1244). Approved March 28, 1983. LEGISLATIVE HISTORY—S. 271: HOUSE REPORT No. 98-28 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98 -1 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 129 (1983): Feb. 3, considered and passed Senate. Mar. 15, considered and passed House.

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 PUBLIC LAW 98-12—MAR. 29, 1983 97 STAT. 53 Public Law 98-12 98th Congress An Act To extend by six months the expiration date of the Defense Production Act of 1950. —— [H.R. 2112] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first Defense sentence of section 717(a) of the Defense Production Act of 1950 (50 ^/•?^"^*^°'' ^'^ U.S.C. App. 2166(a)) is amended by striking out "March 31, 1983" extension. and inserting in lieu thereof "September 30, 1983". 96 Stat. 1630. Approved March 29, 1983. LEGISLATIVE HISTORY—H.R. 2112 (S. 855): SENATE REPORT No. 98 -33 accompanying S. 855 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 22, considered and passed House. Mar. 23, considered and passed Senate, amended. Mar. 24, House disagreed to Senate amendments; Senate receded from its amendments.

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 97 STAT. 54 PUBLIC LAW 98-13—MAR. 29, 1983 Public Law 98-13 98th Congress An Act Mar. 29, 1983 To prevent the temporary termination of the Federal Supplemental Compensation [H.R. 2369] Act of 1982. Be it enacted by the Senate and House of Representatives of the Federal United States of America in Congress assembled, That, with respect Supplemental ^o weeks beginning after March 31, 1983, the Federal Supplemental Acrof1982!°" Compensation Act of 1982 shall be applied as if the provisions amendment. contained in part A of title V of the conference report on the bill 26 USC 3304 jj.R. 1900 were enacted into law on the date of the enactment of this note. AX 96 Stat 702. '^*^'" Approved March 29, 1983. LEGISLATIVE HISTORY—H.R. 2369: CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 24, considered and passed House and Senate.

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 PUBLIC LAW 98-14 —MAR. 30, 1983 97 STAT. 55 Public Law 98-14 98th Congress An Act To amend title 37, United States Code, to extend certain expiring enlistment and reenlistment bonuses for the Armed Forces. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That sections 308(g) and 308a(c) of title 37, United States Code, are amended by striking out "March 31, 1983" and inserting in heu thereof "September 30, 1984". SEC. 2. Section 308f(c) of title 37, United States Code, is amended by striking out "September 30, 1983" and inserting in lieu thereof "September 30, 1984". Approved March 30, 1983. Mar. 30, 1983 [H.R. 1936] Enlistment and r eenlistment bonuses, extension. 96 Stat. 1865. LEGISLATIVE HISTORY—H.R. 1936: HOUSE REPORT No. 98 -27 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 15, considered and passed House. Mar. 21, considered and passed Senate.

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 97 STAT. 56 PUBLIC LAW 98-15 —APR. 4, 1983 Apr. 4, 1983 [S.J. Res. 64] Swedish- American Friendship Day. Public Law 98-15 98th Congress Joint Resolution To commemorate the two hundredth anniversary of the signing of the Treaty of Amity and Commerce between Sweden and the United States. Whereas Sweden was the first nation that did not participate in the Revolutionary War to enter into a treaty of friendship and com- merce with the United States; Whereas close and friendly diplomatic, cultural, and trade relations have existed between Sweden and the United States over the years, virtually since the foundation of this Republic; Whereas emigration from Sweden to the United States has estab- lished a strong Swedish-American culture; Whereas nearly five million Americans are of Swedish ancestry; Whereas Sweden and the United States share a strong democratic tradition, and commitments to fundamental individual rights of freedom of speech, religion, and assembly; Whereas the United States and Sweden have acted vigorously to strengthen international dispute resolution mechanisms; Whereas April 3, 1983, marks the two hundredth anniversary of the signing of the Swedish-American treaty negotiated by Benjamin Franklin and the Swedish Ambassador to France, Count Gustaf Philip Creutz; Whereas, in commemoration of the bicentennial, the Speaker of the Swedish Parliament, Ingemund Bengtsson, will visit Congress in April: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating Monday, April 4, 1983, as "Swedish-American Friendship Day" and that a copy of this resolution be presented to Speaker Bengtsson to be received on behalf of the Swedish people. Approved April 4, 1983. LEGISLATIVE HISTORY—S.J. Res. 64: CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 18, considered and passed Senate. Mar. 24, considered and passed House.

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 PUBLIC LAW 98-16—APR. 4, 1983 97 STAT. 57 Public Law 98-16 98th Congress Joint Resolution To authorize and request the President to proclaim May 1983 as "National Amateur Baseball Month". Whereas the game of baseball having originated in the United States of America; and Whereas the game of baseball having engendered exceptional inter- est among the people of this Nation, both as a participant and as a spectator sport, to the extent that it has long been acknowledged as "The National Pastime"; and Whereas some nineteen million amateur players annually partici- pate in the game of baseball in the United States; and Whereas many more millions of Americans are spectators each year at amateur baseball games involving players of virtually every age; and Whereas the game of baseball, while providing wholesome recre- ational competition, teaches the desirable goals of sportsmanship and teamwork so necessary in developing good citizenship; and Whereas amateur baseball organizations in the United States have taken the lead in a worldwide effort to obtain recognition of the importance of baseball by the Olympic movement to the extent that the 1984 Olympic games in Los Angeles will include baseball; and Whereas amateur baseball is made possible by the contributions of time, effort, and financial support of countless millions of individ- uals from a wide range of business, industrial, fraternal, civic, religious, and service organizations of the United States; and Whereas it is appropriate to honor and to pay tribute to all those associated on the amateur level with the "game of baseball": Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of May 1983, be designated "National Amateur Baseball Month", and that Apr. 4, 1983 [H.J. Res. 175] National Amateur Baseball Month.

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 97 STAT. 58 PUBLIC LAW 98-16—APR. 4, 1983 the President is authorized and requested to issue a proclamation calUng on all Government agencies and upon all the people of the United States to observe such month with appropriate programs, ceremonies, and activities, so as to testify to the great and signifi- cant value of amateur baseball to the American way of life. Approved April 4, 1983. LEGISLATIVE HISTORY—H.J. Res. 175: CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 21, considered and passed House. Mar. 24, considered and passed Senate.

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8 amongst my luggage, and only consented to do so under a strict injunction to my unfortunate fellow traveller not to let the bag which contained it out of his own sight, I did not feel myself bound in any way to make good to him the loss. This, I must say, he bore with great fortitude and resignation. He was a jocose and pleasant, and also a well informed, companion, but, at times, the recollection of his misfortune did not fail to press heavily upon us in our journey, which had thus so disastrously commenced.

The next morning, the 22d, was clear and fine. We set off at eight o'clock, and began immediately to ascend out of the Mexican plain. The road for about five leagues was very rough, all along the side of the mountain of Ajusco, which forms so beautiful an object from San Cosme. We passed over the remains of a fine stone road, leading to the hacienda of the late Don Miguel de Borda, who was one of the grandees of Mexico in the commencement of its


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 PUBLIC LAW 98-17—APR. 5, 1983 97 STAT. 59 Public Law 98-17 98th Congress An Act To establish uniform national standards for the continued regulation, by the several States, of commercial motor vehicle width on interstete highways. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) part B of title IV of the Surface Transportation Assistance Act of 1982 (49 U.S.C. 2311 et seq.) is amended by adding at the end thereof the following new section: " COMMERCIAL MOTOR VEHICLE WIDTH LIMITATION Apr. 5, 1983 [S. 926] Commercial motor vehicle width limitation standards. 96 Stat. 2159. 49 USC app. 2311 et seq. 49 USC app. 2316. "SEC. 416. (a) No State, other than the State of Hawaii, shall establish, maintain, or enforce any regulation of commerce which imposes a vehicle width limitation of more or less than 102 inches on any segment of the National System of Interstate and Defense Highways, or any other qualifying Federal-aid highway as desig- nated by the Secretary of Transportation, with traffic lanes designed to be a width of twelve feet or more; except that a State may continue to enforce any regulation of commerce in effect on April 6, 1983, with respect to motor vehicles that exceed 102 inches in width until the date on which such State adopts a regulation of commerce which complies with the provisions of this subsection. "(b) Notwithstanding the provisions of this section or any other provision of law, certain safety devices which the Secretary of Transportation determines are necessary for safe and efficient oper- ation of motor vehicles shall not be included in the calculation of width. "(c) Notwithstanding the provisions of this section or any other provision of law, a State may grant special use permits to motor vehicles that exceed 102 inches in width. "(d) Notwithstanding any other provision of law and in accordance with the provisions of this section, a State shall have authority to enforce a commercial vehicle width limitation of 102 inches on any segment of the National System of Interstate and Defense High- ways, or any other qualifying Federal-aid highway as designated by the Secretary of Transportation, with traffic lanes designed to be a width of twelve feet or more. "(e) The provisions of this section shall take effect on April 6, Effective date. 1983.".

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 97 STAT. 60 PUBLIC LAW 98-17—APR. 5, 1983 (b) The heading of Part B of title IV of the Surface Transportation Ante, p. 59. Assistance Act of 1982 is amended by inserting "AND WIDTH" imme- diately after "LENGTH". Repeal. SEC. 2. Section 321 of the Department of Transportation and Related Agencies Appropriations Act, 1983 (Public Law 97-369; 96 23 USC 127 note. Stat. 1784) is repealed. Approved April 5, 1983. LEGISLATIVE HISTORY—S. 926: CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 24, considered and passed Senate and House.

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 PUBLIC LAW 98-18—APR. 5, 1983 97 STAT. 61 Public Law 98-18 98th Congress Joint Resolution To provide for the designation of May 1983 as "National Arthritis Month". Apr. 5, 1983 _ [S.J. Res. 82] Whereas arthritis is one of our Nation's leading health problems, striking as many as thirty-five million Americans; Whereas arthritis is America's number one crippling disease, dis- abling over seven million persons including infants, children, and working-age adults as well as the elderly; Whereas the incidence of arthritis is increasing by one million new victims each year; Whereas there are more than one hundred distinct disease entities classified as rheumatic, each with a distinct pathogenesis, S3anp- toms, and course of treatment; Whereas the economic cost of arthritis is a major burden on the Nation, now estimated to be as much as $25,000,000,000 each year; Whereas it is estimated that, by the year 2000, arthritis will cost the Nation as much as $96,800,000,000 in health care expenditures; Whereas research on rheumatic diseases is critically underfunded and, as a result, scientists are unable to investigate adequately the myriad causes of and potential cures for, such diseases; Whereas greater interagency cooperation at all levels of government can greatly improve treatment and services for persons with arthritis; Whereas scientific understanding of the causes of several forms of arthritis has increased dramatically over the past decade, not- withstanding limited research funding; Whereeis State vocational rehabilitation, aging, and other agencies are not sufficiently staffed or trained to aid and inform persons with arthritis; Whereas employers need to be made aware of the opportunities for retaining employees with arthritis through programs of medical assistance and rehabilitation; Whereas the many research, education, information, and patient services of the Arthritis Foundation are not sufficiently well known to the American public; Whereas the people of the United States, and educational, philan- thropic, scientific, medical and health professionals, businesses, governments, and other organizations should be encouraged to provide the necessary attention and resources to combat arthritis in its many forms, and to discover causes and cures, prevent disease and disability, and improve treatment; and Whereas a healthy nation is a strong nation, and the attention of all Americans should be directed to the need to reduce the ravsiging impact of this chronic disabling disease upon our society: Now, therefore, be it

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 97 STAT. 62 PUBLIC LAW 98-18—APR. 5, 1983 Resolved by the Senate and House of Representatives of the United National States of America in Congress assembled, That the President shall Arthritis Month, issue a proclamation designating May 1983 as "National Arthritis Month", and calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved April 5, 1983. LEGISLATIVE HISTORY—S.J. Res. 32: CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 18, considered and passed Senate. Mar. 24, considered and passed House.

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 PUBLIC LAW 98-19—APR. 15, 1983 97 STAT. 63 Public Law 98-19 98th Congress Joint Resolution To authorize and request the President to designate the week of April 10, 1983, through April 16, 1983, as "National Mental Health Week'*. Whereas the cost of excessive stress and mental disorders to our Nation is estimated to be $65,000,000,000 annually; Whereas in one out of every three American families there is a member with some type of mental illness and 20 per centum of our population is in need of some form of mental health treatment at any one time; Whereas more than 25 per centum of all elderly persons mistakenly judged to be senile have a treatable mental disorder, and 80 per centum of all diseases are psychosomatic or stress related and account for a large majority of all hospital admissions; Whereas persons with mental illness have been shdwn to be exces- sive users of unnecessary medical and surgical services, and mental health treatment provides an effective cost-containment tool by reducing these more costly and unnecessary services; Whereas mental illness is a treatable disability, with nearly two- thirds of all mentally ill patients showing significant signs of improvement or recovery after treatment; and Whereas it is fitting that the support and treatment provided the mentally disabled by family members, volunteers, and qualified health professionals be recognized, encouraged, and honored: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating the week of April 10, 1983, through April 16, 1983, as "National Mental Health Week", and calling upon the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved April 15, 1983. Apr. 15, 1983 [S.J. Res. 52] National Mental Health Week. LEGISLATIVE HISTORY—S.J. Res. 52: CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 18, considered and passed Senate. Apr. 12, considered and passed House.

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 97 STAT. 64 PUBLIC LAW 98-20—APR. 19, 1983 Apr. 19, 1983 [H.J. Res. 80] Jewish Heritage Week. Public Law 98-20 98th Congress Joint Resolution To authorize and request the President to issue a proclamation designating April 17 through April 24, 1983, as "Jewish Heritage Week". Whereas the Congress recognizes that an understanding of the heritage of all American ethnic groups contributes to the unity of our country; and Whereas intergroup understanding can be further fostered through an appreciation of the culture, history, and traditions of the Jewish community and the contributions of Jews to our country and society; and Whereas the months of March, April, and May contain events of major significance in the Jewish calendar—Passover, the anniver- sary of the Warsaw Ghetto Uprising, Israeli Independence Day, Solidarity Sunday for Soviet Jewry, and Jerusalem Day: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is authorized and requested to issue a proclamation designating April 17 through April 24, 1983, as "Jewish Heritage Week" and calling upon the people of the United States, State and local government agencies, and interested organizations to observe that week with appropriate ceremonies, activities, and programs. Approved April 19, 1983. LEGISLATIVE HISTORY—H.J. Res. 80 (S.J. Res. 79): CONGRESSIONAL RECORD, Vol. 129 (1983): Apr. 12, considered and passed House. Apr. 13, S.J. Res. 79 considered and passed Senate. Apr. 15, considered and passed Senate; passage of S.J. Res. 79 vitiated.

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 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 65 Public Law 98-21 98th Congress An Act To assure the solvency of the Social Security Trust Funds, to reform the medicare ^pj. 20 1983 reimbursement of hospitals, to extend the Federal supplemental compensation program, and for other purposes. [H.R. 1900] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Social Security Amendments of 1983. SHORT TITLE SECTION 1. This Act, with the following table of contents, may be 42 USC 1305 cited as the "Social Security Amendments of 1983". "o^- TABLE OF CONTENTS Sec. 1. Short title. TITLE I-PROVISIONS AFFECTING THE FINANCING OF THE SOCIAL SECURITY SYSTEM PART A—COVERAGE Sec. 101. Coverage of newly hired Federal employees. Sec. 102. Coverage of employees of nonprofit organizations. Sec. 103. Duration of agreements for coverage of State and local employees. PART B—COMPUTATION OF BENEFIT AMOUNTS Sec. 111. Shift of cost-of-living adjustments to calendar year basis. Sec. 112. Cost-of-living increases to be based on either wages or prices (whichever is lower) when balance in OASDI trust funds falls below specified level. Sec. 113. Elimination of windfall benefits for individuals receiving pensions from noncovered employment. Sec. 114. Increase in old-age insurance benefit amounts on account of delayed retirement. PART C—REVENUE PROVISIONS Sec. 121. Taxation of social security and tier 1 railroad retirement benefits. Sec. 122. Credit for the elderly and the permanently and totally disabled. Sec. 123. Acceleration of increases in FICA taxes; 1984 employee tax credit. Sec. 124. Taxes on self-employment income; credit against such taxes for years before 1990; deduction of such taxes for years after 1989. Sec. 125. Treatment of certain faculty practice plans. Sec. 126. Allocations to disability insurance trust fund. PART D—BENEFITS FOR CERTAIN SURVIVING, DIVORCED, AND DISABLED SPOUSES Sec. 131. Benefits for surviving divorced spouses and disabled widows and widowers who remarry. Sec. 132. Entitlement to divorced spouse's benefits without regard to entitlement of insured individual to benefits; exemption of divorced spouse's benefits from deduction on account of work. Sec. 133. Indexing of deferred surviving spouse's benefits to recent wage levels. Sec. 134. Limitation on benefit reduction for early retirement in case of disabled widows and widowers. PART E—MECHANISMS TO ASSURE CONTINUED BENEFIT PAYMENTS IN UNEXPECTEDLY ADVERSE CONDITIONS Sec. 141. Normalized crediting of social security taxes to trust funds. Sec. 142. Interfund borrowing extension. 11-194O 85—4:QL3

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 97 STAT. 66 PUBLIC LAW 98-21 —APR. 20, 1983 Sec. 143. Recommendations by Board of Trustees to remedy inadequate balances in the Social Security Trust Funds. PART F—OTHER FINANCING AMENDMENTS Sec. 151. Financing of noncontributory military wage credits. Sec. 152. Accounting for certain unnegotiated checks for benefits under the social security program. Sec. 153. Float periods. Sec. 154. Trust fund trustees' reports. TITLE II—ADDITIONAL PROVISIONS RELATING TO LONG-TERM FINANCING OF THE SOCIAL SECURITY SYSTEM Sec. 201. Increase in retirement age. TITLE III—MISCELLANEOUS AND TECHNICAL PROVISIONS PART A—ELIMINATION OF GENDER-BASED DISTINCTIONS Sec. 301. Divorced husbands. Sec. 302. Remarriage of surviving spouse before age of eligibility. Sec. 303. Illegitimate children. Sec. 304. Transitional insured status. Sec. 305. Equalization of benefits under section 228. Sec. 306. Father's insurance benefits. Sec. 307. Effect of marriage on childhood disability benefits and on other depend- ents' or survivors' benefits. Sec. 308. Credit for certain military service. Sec. 309. Conforming amendments. Sec. 310. Effective date of part A. PART B—COVERAGE Sec. 321. Coverage of employees of foreign affiliates of American employers. Sec. 322. Extension of coverage by international social security agreement. Sec. 323. Treatment of certain service performed outside the United States. Sec. 324. Amount received under certain deferred compensation and salary reduc- tion arrangements treated as wages for FICA taxes. Sec. 325. Effect of changes in names of State and local employee groups in Utah. Sec. 326. Effective dates of international social security agreements. Sec. 327. Codification of Rowan decision with respect to meals and lodging. Sec. 328. Treatment of contributions under simplified employee pensions. PART C—OTHER AMENDMENTS Sec. 331. Technical and conforming amendments to maximum family benefit provi- sions. Sec. 332. Relaxation of insured status requirements for certain workers previously entitled to a period of disability. Sec. 333. Protection of benefits of illegitimate children of disabled beneficiaries. Sec. 334. One-month retroactivity of widow's and widower's insurance benefits. Sec. 335. Nonassignability of benefits. Sec. 336. Use of death certificates to prevent erroneous benefit payments to de- ceased individuals. Sec. 337. Public pension offset. Sec. 338. Study concerning the establishment of the Social Security Administration as an independent agency. Sec. 339. Limitation on payments to prisoners. Sec. 340. Requirement of previous United States residency for alien dependents and survivors living outside the United States. Sec. 341. Addition of public members to Trust Fund Board of Trustees. Sec. 342. Payment schedule by State and local governments. Sec. 343. Earnings sharing implementation report. Sec. 344. Veterans' Administration reorganization. Sec. 345. Social security cards. • Sec. 346. Budgetary treatment of Trust Fund operations. Sec. 347. Liberalization of earnings test. TITLE IV—SUPPLEMENTAL SECURITY INCOME BENEFITS Sec. 401. Increase in Federal SSI benefit standard. Sec. 402. Adjustments in Federal SSI pass-through provisions.

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 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 67 Sec. 403. SSI eligibility for temporary residents of emeigenc^ sheltersforthe home- less. Sec. 404. Disre&xding of emergency and other in-kind assistance provided by non- profit organizations. Sec. 405. Notification r^arding SSI. TITLE V-UNEMPLOYMENT COMPENSATION PROVISIONS PART A—FEDERAL SUPPI£MENTAL CkoiPENSATiON Sec. 501. Extension of program. Sec. 502. Number of weeks for which compensation payable. Sec. 503. Effective date. Sec. 504. Training. Sec. 505. Coordination with trade readjustment program. PART B—PROVISIONS RELATING TO INTEREST AND CREDIT REDUCTIONS Sec. 511. Deferral of interest. Sec. 512. Cap on credit reduction. Sec. 513. Average employer contribution rate. Sec. 514. Date for payment of interest. Sec. 515. Penalty for failure to pay interest. PART C—MISCELLANEOUS PROVISIONS Sec. 521. Treatment of employees providing services to educational institutions. Sec. 522. Extended benefits for individuals who are hospitalized or on jury duty. Sec. 523. Voluntary health insurance programs permitted. Sec. 524. Treatment of certain or^izations retroactively determined to be de- scribed in section 501(cK3) of the Internal Revenue Code of 1954. TITLE VI-PROSPECnVE PAYMENTS FOR MEDICARE INPATIENT HOSPITAL SERVICES Sec. 601. Medicare payments for inpatient hospital services on the basis of prospec- tive rates. Sec. 602. Conforming amendments. Sec. 603. Reports, experiments, and demonstration projects. Sec. 604. Effective dates. Sec. 605. Delay in provision relating to hospital-based skilled nursing facilities. Sec. 606. Shift in medicare premiums to comcide with cost-of-livii^ increase. Sec. 607. Section 1122 amendments. TITLE I—PROVISIONS AFFECTING THE FI- NANCING OF THE SOCIAL SECURITY SYSTEM PART A—COVERAGE COVERAGE OF NEWLY HIRED FEDERAL EMPLOYEES SEC. 101. (a)(1) Section 210(a) of the Social Security Act is amended 42 USC 4io. by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: "(5) Service performed in the employ of the United States or any instrumentality of the United States, if such service— "(A) would be excluded from the term 'employment' for purposes of this title if the provisions of paragraphs (5) and (6) of this subsection as in effect in January 1983 had remained in effect, and "(B) is performed by an individual who (i) has been continuously in the employ of the United States or an instrumentality thereof since December 31, 1983 (and for this purpose an individual who returns to the performance

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 97 STAT. 68 PUBLIC LAW 98-21 —APR. 20, 1983 of such service after being separated therefrom following a previous period of such service shall nevertheless be consid- ered upon such return as having been continuously in the employ of the United States or an instrumentality thereof, regardless of whether the period of such separation began before, on, or after December 31, 1983, if the period of such separation does not exceed 365 consecutive days), or (ii) is receiving an annuity from the Civil Service Retirement and Disability Fund, or benefits (for service as an employee) under another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed services); except that this paragraph shall not apply with respect to— "(i) service performed as the President or Vice President of the United States, "(ii) service performed— "(I) in a position placed in the Executive Schedule under sections 5312 through 5317 of title 5, United States Code, "(II) as a noncareer appointee in the Senior Execu- tive Service or a noncareer member of the Senior For- eign Service, or "(III) in a position to which the individual is appointed by the President (or his designee) or the Vice President under section 105(a)(1), 106(a)(1), or 107 (a)(1) or Oo)(l) of title 3, United States Code, if the maximum rate of basic pay for such position is at or above the rate for level V of the Executive Schedule, "(iii) service performed as the Chief Justice of the United States, an Associate Justice of the Supreme Court, a judge of a United States court of appeals, a judge of a United States district court (including the district court of a terri- tory), a judge of the United States Claims Court, a judge of the United States Court of International Trade, a judge of the United States Tax Court, a United States magistrate, or a referee in bankruptcy or United States bankruptcy judge, "(iv) service performed as a Member, Delegate, or Resi- dent Commissioner of or to the Congress, or "(v) any other service in the legislative branch of the Federal Government if such service is performed by an individual who, on December 31, 1983, is not subject to 5 USC 8331. subchapter III of chapter 83 of title 5, United States Code; "(6) Service performed in the employ of the United States or any instrumentality of the United States if such service is performed— "(A) in a penal institution of the United States by an inmate thereof; "(B) by any individual as an employee included under section 5351(2) of title 5, United States Code (relating to certain interns, student nurses, and other student employ- ees of hospitals of the Federal Government), other than as a medical or dental intern or a medical or dental resident in training; or "(C) by any individual as an employee serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency;".

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 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 69 (2) Section 210(p) of such Act is amended by striking out "provi- 96 Stat. 560. sions of—" and all that follows and inserting in lieu thereof "provi- 42 USC 4io. sions of subsection (a)(5).". (b)(1) Section 3121(b) of the Internal Revenue Code of 1954 is 26 USC 3121. amended by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: "(5) service performed in the employ of the United States or any instrumentality of the United States, if such service— "(A) would be excluded from the term 'employment' for purposes of this title if the provisions of paragraphs ^5; and (6) of this subsection as in effect in January 1983 had remained in effect, and "(B) is performed by an individual who (i) has been continuously in the employ of the United States or an instrumentality thereof since December 31, 1983 (and for this purpose an individual who returns to the performance of such service after being separated therefrom following a previous period of such service shall nevertheless be consid- ered upon such return as having been continuously in the employ of the United States or an instrumentality thereof, regardless of whether the period of such separation began before, on, or after December 31, 1983, if the period of such separation does not exceed 365 consecutive days), or (ii) is receiving an annuity from the Civil Service Retirement and Disability Fund, or benefits (for service as an employee) under another retirement system established by law of the United States for employees of the Federal Government (other than for members of the uniformed services); except that this paragraph shall not apply with respect to— "(i) service performed as the President or Vice President of the United States, "(ii) service performed— "(I) in a position placed in the Executive Schedule under sections 5312 through 5317 of title 5, United States Code, "(II) as a noncareer appointee in the Senior Execu tive Service or a noncareer member of the Senior For eign Service, or "(III) in a position to which the individual is appointed by the President (or his designee) or the Vice President under section 105(a)(1), 106(a)(1), or 107 (a)(1) or (b)(1) of title 3, United States Code, if the maximum rate of basic pay for such position is at or above the rate for level V of the Executive Schedule, "(iii) service performed as the Chief Justice of the United States, an Associate Justice of the Supreme Court, a judge of a United States court of appeals, a judge of a United States district court (including the district court of a terri- tory), a judge of the United States Claims Court, a judge of the United States Court of International Trade, a judge of the United States Tax Court, a United States magistrate, or a referee in bankruptcy or United States bankruptcy judge, "(iv) service performed as a Member, Delegate, or Resi- dent Commissioner of or to the Congress, or "(v) any other service in the legislative branch of the Federal Government if such service is performed by an

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 97 STAT. 70 PUBLIC LAW 98-21 —APR. 20, 1983 5 USC 8331. 96 Stat. 559. 26 USC 3121. 42 USC 409. 26 USC 3121. Effective date. 26 USC 3121 note. Entitlements. 42 USC 410 note. individual who, on December 31, 1983, is not subject to subchapter III of chapter 83 of title 5, United States Code; "(6) service performed in the employ of the United States or any instrumentality of the United States if such service is performed— "(A) in a penal institution of the United States by an inmate thereof; "(B) by any individual as an employee included under section 5351(2) of title 5, United States Code (relating to certain interns, student nurses, and other student employ- ees of hospitals of the Federal Government), other than as a medical or dental intern or a medical or dental resident in training; or "(C) by any individual as an employee serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency;". (2) Section 3121(u)(l) of such Code is amended to read as follows: "(1) IN GENERAL.—For purposes of the taxes imposed by sec- tions 3101(b) and 3111(b), subsection (b) shall be applied without regard to paragraph (5) thereof.". (c)(1) Section 209 of the Social Security Act is amended by adding at the end thereof the following new paragraph: "For purposes of this title, in the case of an individual performing service under the provisions of section 294 of title 28, United States Code (relating to assignment of retired justices and judges to active duty), the term 'wages' shall, subject to the provisions of subsection (a) of this section, include any payment under section 371(b) of such title 28 which is received during the period of such service.". (2) Section 3121(i) of the Internal Revenue Code of 1954 (relating to computation of wages in certain cases) is amended by adding at the end thereof the following new paragraph: "(5) SERVICE PERFORMED BY CERTAIN RETIRED JUSTICES AND JUDGES.— For purposes of this chapter, in the case of an individ- ual performing service under the provisions of section 294 of title 28, United States Code (relating to assignment of retired justices and judges to active duty), the term 'wages' shall, subject to the provisions of subsection (a)(1) of this section, include any payment under section 3710k)) of such title 28 which is received during the period of such service.". (d) The amendments made by this section shall be effective with respect to remuneration paid after December 31, 1983. (e) Nothing in this Act shall reduce the accrued entitlements to future benefits under the Federal Retirement System of current and retired Federal employees and their families. COVERAGE OF EMPLOYEES OF NONPROFIT ORGANIZATIONS 42 USC 410. SEC. 102. (a) Section 210(a)(8) of the Social Security Act is amended— (1) by striking out "(A)" immediately after "(8)"; (2) by striking out "subparagraph" where it first appears and inserting in lieu thereof "paragraph"; and (3) by striking out subparagraph (B). 26 USC 3121. (b)(1) Section 3121(b)(8) of the Internal Revenue Code of 1954 is amended— (A) by striking out "(A)" immediately after "(8)";

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 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 71 (B) by striking out "subparagraph" where it first appears and inserting in lieu thereof "paragraph"; and (C) by striking out subparagraph (B). (2) Section 3121(k) of such Code is repealed. 26 USC 3121. (3) Section 3121(r) of such Code is amended— (A) by striking out "subsection (b)(SXA)" and "section 21(a)(8)(A)" in paragraph (3) and inserting in lieu thereof "subsection (b)(8) and "section 210(a)(8)", respectively; and (B) by striking out paragraph (4). (c) The amendments made by the preceding provisions of this section shall be effective with respect to service performed after December 31, 1983 (but the provisions of sections 2 and 3 of Public Law 94-563 and section 312(c) of Public Law 95-216 shall continue in effect, to the extent applicable, as though such amendments had not been made). (d) The period for which a certificate is in effect under section 3121(k) of the Internal Revenue Code of 1954 may not be terminated under paragraph (1)(D) or (2) thereof on or after March 31, 1983; but no such certificate shall be effective with respect to any service to which the amendments made by this section apply. (e)(1) If any individual— (A) on January 1, 1984, is age 55 or over, and is an employee of an organization described in section 210(a)(8)(B) of the Social Security Act (A) which does not have in effect (on that date) a waiver certificate under section 3121(k) of the Internal Revenue Code of 1954 and (B) to the employees of which social security coverage is extended on January 1, 1984, solely by reason of the enactment of this section, and (B) after December 31, 1983, acquires the number of quarters of coverage (within the meaning of section 213 of the Social Security Act) which is required for purposes of this subpara- 42 USC 413. graph under paragraph (2), then such individual shall be deemed to be a fully insured individual (as defined in section 214 of the Social Security Act) for all of the 42 USC 414. purposes of title II of such Act. (2) The number of quarters of coverage which is required for purposes of subparagraph (B) of paragraph (1) shall be determined as follows: The number of quarters of In the case of an individual who on coverage so required January 1, 1984, is— shall be— age 60 or over 6 age 59 or over but less than age 60 8 age 58 or over but less than age 59 12 age 57 or over but less than age 58 16 age 55 or over but less than age 57 20. Effective date. 26 USC 3121 note. 26 USC 3121 note. 26 USC 3121 note. Supra. 42 USC 414 note. 42 USC 410. DURATION OF AGREEMENTS FOR COVERAGE OF STATE AND LOCAL EMPLOYEES SEC. 103. (a) Section 218(g) of the Social Security Act is amended to read as follows: 42 USC 418. "Duration of Agreement "(g) No agreement under this section may be terminated, either in its entirety or with respect to any coverage group, on or after the date of the enactment of the Social Security Amendments of 1983/'.

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Page:United States Statutes at Large Volume 97.djvu/104

 97 STAT. 72 PUBLIC LAW 98-21 —APR. 20, 1983 42 USC 418 note. (b) The amendment made by subsection (a) shall appjly to any 42 USC 418. agreement in effect under section 218 of the Social Security Act on the date of the enactment of this Act, without regard to whether a notice of termination is in effect on such date, and to any agreement or modification thereof which may become effective under such section 218 after that date. PART B—COMPUTATION OF BENEFIT AMOUNTS SHIFT OF COST-OF-LIVING ADJUSTMENTS TO CALENDAR YEAR BASIS 42 USC 415. SEC. 111. (a)(1) Section 215(i)(2)(A)(ii) of the Social Security Act is amended by striking out "June" and inserting in lieu thereof "December'\ (2) Section 215(i)(2)(A)(iii) of such Act is amended by striking out "May" and inserting in lieu thereof "November". (3) Section 215(i)(2)(B) of such Act is amended by striking out "May" each place it appears and inserting in lieu thereof in each instance "November". 42 USC 403. (4) Section 203(f)(8)(A) of such Act is amended by striking out "June" and inserting in lieu thereof "December". 42 USC 430. (5) Section 230(a) of such Act is amended by striking out "June" and inserting in lieu thereof "December". (6) Section 215(i)(2) of such Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by striking out "June" in subparagraph (A)(ii) and inserting in lieu thereof "December", and by striking out "May" each place it appears in subparagraph (B) and inserting in lieu thereof in each instance "November". 42 USC 402. (7) Section 202(m) of such Act (as it applies in certain cases by 95 Stat. 1660. reason of section 2 of Public Law 97-123) is amended by striking out "May" and inserting in lieu thereof "November". 42 USC 402 note. (8) The amendments made by this subsection shall apply with respect to cost-of-living increases determined under section 215(i) of the Social Security Act for years after 1982. (b)(1) Section 215(i)(l)(A) of the Social Security Act is amended by striking out "March 31" and inserting in lieu thereof "September 30", and by striking out "1974" and inserting in lieu thereof "1982". (2) Section 215(i)(l)(A) of such Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by striking out "March 31" and inserting in lieu thereof "September 30" and by striking out " 1974" and inserting in lieu thereof "1982". 42 USC 415 note. (3) The amendments made by this subsection shall apply with respect to cost-of-living increases determined under section 215(i) of the Social Security Act for years after 1983. (c) Section 215(1)(4) of such Act is amended by inserting ", and as amended by section 111(a)(6) and (b)(2) of the Social Security Amendments of 1983," after "as in effect in December 1978" the first place it appears. 42 USC 415 note. (d) Notwithstanding any provision to the contrary in section 215(i) of the Social Security Act, the "base quarter" (as defined in para- graph (l)(A)(i) of such section) in the calendar year 1983 shall be a cost-of-living computation quarter" within the meaning of para- graph (1)(B) of such section (and shall be deemed to have been determined by the Secretary of Health and Human Services to be a "cost-of-living computation quarter" under paragraph (2)(A) of such

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Page:United States Statutes at Large Volume 97.djvu/105

 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 73 96 Stat. 802. 38 USC 3023 note. section) for all of the purposes of such Act as amended by this section and by other provisions of this Act, without r^ard to the extent by which the Consumer Price Index has increased since the last prior cost-of-living computation quarter which was established under such paragraph dXB). (e) Section 403(b) of the Omnibus Reconciliation Act of 1982 (Public Law 97-253) is amended to read as follows: "(b)(1) Except as provided in paragraph (2), the amendment made by subsection (a)(1) shall apply with respect to amounts payable for periods beginning after May 31, 1983. "(2) In the cases of individuals to whom pension is payable under Effective date. sections 521, 541, and 542 of title 38, United States Code, the amendment made by subsection (a)(1) shall take effect on the first day after May 31, 1983, that an increase is made in maximum annual rates of pension pursuant to section 3112 of title 38, United States Code.". COST-OF-LIVING INCREASES TO BE BASED ON EITHER WAGES OR PRICES (WHICHEVER IS LOWER) WHEN BALANCE IN OASDI TRUST FUNDS FALLS BELOW SPECIFIED LEVEL SEC. 112. (a) Section 215(i)(l) of the Social Security Act is 42 USC 415. amended— (1) by striking out "in which" in subparagraph (B) and all that follows down through the first semicolon in such subparagraph and inserting in lieu thereof "with respect to which the applica- ble increase percentage is 3 percent or more;"; (2) by striking out "and at the end of subparagraph (B); (3) by redesignating subparagraph (C) as subparagraph (H); and (4) by inserting after subparagraph (B) the following new subparagraphs: "(C) the term 'applicable increase percentage' means— Definitions, "(i) with respect to a base quarter or cost-of-living compu- tation quarter in any calendar year before 1984, or in any calendar year after 1983 and before 1989 for which the OASDI fund ratio is 15.0 percent or more, or in any calen- dar year after 1988 for which the OASDI fund ratio is 20.0 percent or more, the CPI increase percentage; and "(ii) with respect to a base quarter or cost-of-living compu- tation quarter in any calendar year after 1983 and before 1989 for which the OASDI fund ratio is less than 15.0 percent, or in any calendar year after 1988 for which the OASDI fund ratio is less than 20.0 percent, the CPI increase percentage or the wage increase percentage, whichever (with respect to that quarter) is the lower; "(D) the term 'CPI increase percentage', with respect to a base quarter or cost-of-living computation quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the Consumer Price Index for that quarter (as prepared by the Department of Labor) exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost-of-living computation quarter under subparagraph (B); "(E) the term wage increase percentage', with respect to a base quarter or cost-of-living computation quarter in any calen- dar year, means the percentage (rounded to the nearest one-

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 97 STAT. 74 PUBLIC LAW 98-21 —APR. 20, 1983 tenth of 1 percent) by which the SSA average wage index for the year immediately preceding such calendar year exceeds such mdex for the year immediately preceding the most recent prior calendar year which included a base quarter under subpara- ^aph (A)(ii) or, if later, which included a cost-of-living computa- tion quarter; "(F) the term 'OASDI fund ratio*, with respect to any calendar year, means the ratio of— "(i) the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund as of the beginning of such year, 42 USC 401. including the taxes transferred under section 201(a) on the first day of such year and reduced by the outstanding amount of any loan (including interest thereon) theretofore made to either such Fund from the Federal Hospital Insur- ance Trust Fund under section 201(1), to "(ii) the total amount which (as estimated by the Secre- tary) will be paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund during such calendar year for ml purposes authorized by section 201 (other than payments of interest on, or repayments of, loans from the Federal Hospital Insurance Trust Fund under section 201(1)), but excluding any transfer payments between such trust funds and reduc- ing the amount of any transfers to the Railroad Retirement Account by the amount of any transfers into either such trust fund from that Account; "(G) the term *SSA average wage index', with respect to any calendar year, means the average of the total wages reported to the Secretary of the Treasury or his delegate as determined for purposes of subsection (b)(3)(A)(ii); and". 42 USC 415. (b) Section 215(i)(2)(A)(ii) of such Act is amended by striking out "by the same percentage" and all that follows down through the semicolon, in the sentence immediately following subdivision (III), and inserting in lieu thereof "by the applicable increase percent- age;". (c) Section 215(i) of such Act is further amended by adding at the end thereof the following new paragraph: "(5)(A)If- "(i) with respect to any calendar year the 'applicable increase percentage' was determined under clause (ii) of paragraph (I)(C) rather than under clause (i) of such paragraph, and the increase becoming effective under paragraph (2) in such year was accord- ingly determined on the basis of the wage increase percentage rather than the CPI increase percentage (or there was no such increase becoming effective under paragraph (2) in that year because the wage increase percentage was less than 3 percent), and "(ii) for any subsequent calendar year in which an increase under paragraph (2) becomes effective the OASDI fund ratio is greater than 32.0 percent, then each of the amounts described in subdivisions (I), (ID, and (m) of paragraph (2)(A)(ii), as increased under paragraph (2) effective with the month of December in such subsequent calendar year, shall be further increased (effective with such month) by an additional percentage, which shall be determined under subparagraph (B) and shall apply as provided in subparagraph (C).

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CH. I.] greatest pitch of prosperity; he was extremely rich, but died about fifty years ago, and I could not recollect having heard, in the capital, any vestiges of his family. The road, which is decaying fast under the repeated effects of the mountain torrents, will keep his memory alive as long as any portion of it exists: had it not been for its relics, neither I nor any of my readers would have heard any thing of the once opulent and magnificent Borda.

We arrived at Cuernavaca about six o'clock in the evening, after passing, for the last three leagues, through one of the most beautiful countries that can be imagined. At this distance from the town there was encamped a requia, or drove of mules, to the number of 140 or more, conveying China goods to Mexico from the South Sea. The beauty and splendour of these articles, consisting chiefly of crapes, and the richest silk velvets of the most extraordinary and beautiful patterns, together with gold and silver embroidered muslins and


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Page:United States Statutes at Large Volume 97.djvu/107

 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 75 "(B) The applicable additional percentage by which the amounts described in subdivisions (I), (II), and (III) of paragraph (2)(A)(ii) are to be further increased under subparagraph (A) in the subsequent calendar year involved shall be the amount derived by— "(i) subtracting (I) the compounded percentage benefit increases that were actually paid under paragraph (2) and this paragraph from (II) the compounded percentage benefit increases that would have been paid if all increases under paragraph (2) had been made on the basis of the CPI increase percentage, "(ii) dividing the difference by the sum of the compounded percentage in subdivision (I) and 100 percent, and nearest one-tenth of 1 percent, with the compounded increases referred to in subdivisions (I) and (II) being measured— "(iv) in the case of amounts described in subdivision (I) of paragraph (2)(AKii), over the period beginning with the calendar year in which monthly benefits described in such subdivision were first increased on the basis of the wage increase percent- age and ending with such subsequent calendar year, and "(v) in the case of amounts described in subdivisions (II) and (III) of paragraph (2)(A)(ii), over the period beginning with the calendar year in which the individual whose primary insurance amount is increased under such subdivision (II) initially became eligible for an old-age or disability insurance benefit, or died before becoming so eligible, and ending with such subsequent calendar year; except that if the Secretary determines in any case that the applica- tion (in accordance with subparagraph (O) of the additional per- centage as computed under the preceding provisions of this subparagraph would cause the OASDI fund ratio to fall below 32.0 percent in the calendar year immediately following such subsequent year, he shall reduce such applicable additional percentage to the extent necessary to ensure that the OASDI fund ratio will remain at or above 32,0 percent through the end of such following year. "(C) Any applicable additional percentage increase in an amount described in subdivision (I), (II), or (III) of paragraph (2)(A)(ii), made under this paragraph in any calendar year, shall thereafter be treated for all the purposes of this Act as a part of the increase made in such amount under paragraph (2) for that year.". (d)(1) Section 215(i)(2)(C) of such Act is amended by adding at the 42 USC 415. end thereof the following new clause: "(iii) The Secretary shall determine and promulgate the OASDI fund ratio for the current calendar year and the SSA wage index for the preceding calendar year before November 1 of the current calendar year, based upon the most recent data then available, and shall include a statement of such fund ratio and wage index (and of the effect such ratio and the level of such index may have upon benefit increases under this subsection) in any notification made under clause (ii) and any determination published under subpara- graph (D).". (2) Section 215(i)(4) of such Act (as amended by section 111(c) of this Act) is further amended by striking out "section 111(a)(6) and (b)(2)" and inserting in lieu thereof "sections 111(a)(6), 111(b)(2), and 112".
 * (iii) multiplying such quotient by 100 and rounding to the

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 97 STAT. 76 PUBLIC LAW 98-21—APR. 20, 1983 42 USC 415 note. (e) The amendments made by the preceding provisions of this section shall apply with respect to monthly benefits under title II of 42 USC 401. the Social Security Act for months after December 1983. 42 USC 415 note. (f) Notwithstanding anything to the contrary in section 215(i)(l)(P) of the Social Security Act (as added by subsection (a)(4) of this section), the combined balance in the Trust Funds which is to be used in determining the "OASDI fund ratio" with respect to the calendar year 1984 under such section shall be the estimated com- bined balance in such Funds as of the close of that year (rather than as of its beginning), including the taxes transferred under section 42 USC 401. 201(a) on the first day of the year following that year. EUMINATION OF WINDFALL BENEFITS FOR INDIVIDUALS RECEIVING PENSIONS FROM NONCOVERED EMPLOYMENT 42 USC 415. SEC. 113. (a) Section 215(a) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(7)(A) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection, who— "(i) attains age 62 after 1985 (except where he or she became entitled to a disability insurance benefit before 1986 and remained so entitled in any of the 12 months immediately preceding his or her attainment of age 62), or "(ii) would attain age 62 after 1985 and becomes eligible for a disability insurance benefit after 1985, and who first becomes eligible after 1985 for a monthly periodic Eayment (including a payment determined under subparagraph (C), ut excluding a payment under the Railroad Retirement Act of 1974 45 USC 23it. or 1937) which is based in whole or in part upon his or her earnings for service which did not constitute 'employment' as defined in 42 USC 410. section 210 for purposes of this title (hereafter in this paragraph and in subsection (d)(5) referred to as 'noncovered service), the primary insurance amount of that individual during his or her concurrent entitlement to such monthly periodic payment and to old-age or disability insurance benefits shall be computed or recomputed under subparagraph (B) with respect to the initial month in which the individual becomes eligible for such benefits. "(B)(i) If paragraph (1) of this subsection would apply to such an individual (except for subparagraph (A) of this paragraph), there shall first be computed an amount equal to the individual s primary insurance amount under paragraph (1) of this subsection, except that for purposes of such computation the percentage of the individ- ual's average indexed monthly earnings established by subpara- graph (A)(i) of paragraph (1) shall be the percent specified in clause (ii). There shall then be computed (without regard to this paragraph) a second amount, which shall be equal to the individual's primary insurance amount under paragraph (1) of this subsection, except that such second amount shall be reduced by an amount equal to one-half of the portion of the monthly periodic payment which is attributable to noncovered service performed after 1956 (with such attribution being based on the proportionate number of years of such noncovered service) and to which the individual is entitled (or is deemed to be entitled) for the initial month of his or her eligibility for old-age or disability insurance benefits. The individual's primary insurance amount shall be the larger of the two amounts computed under this subparagraph Obefore the application of subsection (i))

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 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 77 and shall be deemed to be computed under paragraph (1) of this subsection for the purpose of applying other provisions of this title. "(ii) For purposes of clause (i), the percent specified in this clause is— "(I) 80.0 percent with respect to individuals who initially become eligible for old-age or disability insurance benefits in 1986; "(ID 70.0 percent with respect to individuals who so become eligible in 1987; "(III) 60.0 percent with respect to individuals who so become eligible in 1988; "(IV) 50.0 percent with respect to individuals who so become eligible in 1989; and "(V) 40.0 percent with respect to individuals who so become eligible in 1990 or thereafter. "(C)(i) Any periodic payment which otherwise meets the require- ments of subparagraph (A), but which is paid on other than a monthly basis, shall be allocated on a basis equivalent to a monthly payment (as determined by the Secretary), and such equivalent monthly payment shall constitute a monthly periodic payment for purposes of this paragraph. "(ii) In the case of an individual who has elected to receive a periodic payment that has been reduced so as to provide a survivors benefit to any other individual, the payment shall be deemed to be increased (for purposes of any computation under this paragraph or subsection (d)(5)) by the amount of such reduction. "(iii) If an individual to whom subparagraph (A) applies is eligible for a periodic payment beginning with a month that is subsequent to the month in which he or she becomes eligible for old-age or disability insurance benefits, the amount of that payment (for pur- poses of subparagraph (B)) shall be deemed to be the amount to which he or she is, or is deemed to be, entitled (subject to clauses (i), (ii), and (iv) of this subparagraph) in such subsequent month. "(iv) For purposes of this paragraph, the term 'periodic payment' includes a payment payable in a lump sum if it is a commutation of, or a substitute for, periodic payments. "(D) This paragraph shall not apply in the case of an individual who has 30 years or more of coverage (as defined in paragraph (l)(C)(ii)). In the case of an individual who has more than 25 years of coverage but less than 30 years of coverage (as so defined), the percent specified in the applicable subdivision of subparagraph (B)(ii) shall (if such percent is smaller than the percent specified in whichever of the following clauses applies) be deemed to be— "(i) 80 percent, in the case of an individual who has 29 of such years of coverage; "(ii) 70 percent, in the case of an individual who has 28 of such years; "(iii) 60 percent, in the case of an individual who has 27 of such years; and "(iv) 50 percent, in the case of an individual who has 26 of such years. "(E) This paragraph shall not apply in the case of an individual Limitations. who on January 1, 1984— "(i) is an employee performing service to which social security coverage is extended on that date solely by reason of the amendments made by section 101 of the Social Security Amend- ments of 1983; or Ante, p. 67. "Periodic payment. "

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Page:United States Statutes at Large Volume 97.djvu/110

 97 STAT. 78 PUBLIC LAW 98-21 —APR. 20, 1983 "(ii) is an employee of a nonprofit organization which (on December 31, 1983) did not have in effect a waiver certificate Ante, p. 71. under section 3121(k) of the Internal Revenue Code of 1954 and to the employees of which social security coverage is extended on that date solely by reason of the amendments made by section 102 of that Act, unless social security coverage had previously extended to service performed by such individual as an employee of that organization under a waiver certificate which was subsequently (prior to December 31, 1983) termi- nated.". 42 USC 415. (b) Section 215(d) of such Act is amended by adding at the end thereof the following new paragraph: "(5) In the case of an individual whose primary insurance amount is not computed under paragraph (1) of subsection (a) by reason of paragraph (4)(B)(ii) of that subsection, who— "(A) attains age 62 after 1985 (except where he or she became entitled to a disability insurance benefit before 1986, and remained so entitled in any of the 12 months immediately preceding his or her attainment of age 62), or "(B) would attain age 62 after 1985 and becomes eligible for a disability insurance benefit after 1985, and who first becomes eligible after 1985 for a monthly periodic payment (including a payment determined under subsection (a)(7)(C), but excluding a payment under the Railroad Retirement 45 USC 23it. Act of 1974 or 1937) which is based (in whole or in part) upon his or her earnings in noncovered service, the primary insurance amount of such individual during his or her concurrent entitlement to such monthly periodic payment and to old-age or disability insurance benefits shall be the primary insurance amount computed or recom- puted under this subsection (without regard to this paragraph and before the application of subsection (i)) reduced by an amount equal to the smaller of— "(i) one-half of the primary insurance amount (computed without regard to this paragraph and before the application of subsection (i)), or "(ii) one-half of the portion of the monthly periodic payment (or payment determined under subsection (a)(7)(C)) which is attributable to noncovered service performed after 1956 (with such attribution being based on the proportionate number of years of such noncovered service) and to which that individual is entitled (or is deemed to be entitled) for the initial month of his or her eligibility for old-age or disability insurance benefits. This paragraph shall not apply in the case of any individual to whom subsection (a)(7) would not apply by reason of subparagraph (E) or the first sentence of subparagraph (D) thereof.". 42 USC 415. (c) Section 215(f) of such Act is amended by adding at the end thereof the following new paragraph: "(9)(A) In the case of an individual who becomes entitled to a periodic payment determined under subsection (a)(7)(A) (including a payment determined under subsection (a)(7)(C)) in a month subse- quent to the first month in which he or she becomes entitled to an old-age or disability insurance benefit, and whose primary insurance amount has been computed without regard to either such subsection or subsection (d)(5), such individual's primary insurance amount shall be recomputed (notwithstanding paragraph (4) of this subsec- tion), in accordance with either such subsection or subsection (d)(5),

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 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 79 as may be applicable, effective with the first month of his or her concurrent entitlement to such benefit and such periodic payment. "(B) If an individual's primary insurance amount has been com- puted under subsection (a)(7) or (d)(5), and it becomes necessary to recompute that primary insurance amount under this subsection— "(i) so as to increase the monthly benefit amount payable with respect to such primary insurance amount (except in the case of the individual's death), such increase shall be determined as though such primary insurance amount had initially been com- puted without regard to subsection (a)(7) or (d)(5), or "(ii) by reason of the individual's death, such primary insur- ance amount shall be recomputed without regard to (and as though it had never been computed with regard to) subsection (a)(7)or(d)(5). ". (d) Sections 202(e)(2) and 202(f)(3) of such Act are each amended by striking out "section 215(f)(5) or (6)" wherever it appears and inserting in lieu thereof "section 215(f)(5), 215(f)(6), or 215(f)(9)(B)". 42 USC 402. INCREASE IN OLD-AGE INSURANCE BENEFTF AMOUNTS ON ACCOUNT OF DELAYED RETIREMENT SEC 114. (a) Section 202(w)(l)(A) of the Social Security Act is amended to read as follows: "(A) the applicable percentage (as determined under para- graph (6)) of such amount, multiplied by", (b) Section 202(w) of such Act is further amended by adding at the end thereof the following new paragraph: "(6) For purposes of paragraph (I)(A), the 'applicable percentage' is— "(A) Viz of 1 percent in the case of an individual who first becomes eligible for an old-age insurance benefit in any calen- dar year before 1979; "(B) *A of 1 percent in the case of an individual who first becomes eligible for an old-age insurance benefit in any calen- dar year after 1978 and before 1987; "(C) in the case of an individual who first becomes eligible for an old-age insurance benefit in a calendar year after 1986 and before 2005, a percentage equal to the applicable percentage in effect under this paragraph for persons who first became eligi- ble for an old-age insurance benefit in the preceding calendar year (as increased pursuant to this subparagraph), plus ¥24 of 1 percent if the calendar year in which that particular individual first becomes eligible for such benefit is not evenly divisible by 2; and "(D) % of 1 percent in the case of an individual who first becomes eligible for an old-age insurance benefit in a calendar year after 2004. ". (c)(1) Paragraphs (2)(A) and (3) of section 202(w) of such Act are each amend^ by striking out "age 72" and inserting in lieu thereof "age 70". (2) The amendments made by paragraph (1) shall apply with respect to increment months in calendar years after 1983. 42 USC 402. Effective date. 42 USC 402 note.

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