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Page:United States Statutes at Large Volume 96 Part 1.djvu/834

 96 STAT. 792

"Uniformed service." "Civilian position."

Prec. title 1 USC.

PUBLIC LAW 97-253—SEPT. 8, 1982 which takes effect during any of such fiscal years in which he holds such a civilian position and which is allocable to the period of actual employment in such civilian position. The amounts so deducted shall be deposited into the general fund of the Treasury of the United States. (2) For the purpose of this subsection— (A) the term "uniformed service" has the meaning given that term by section 2101 of title 5, United States Code; and (B) the term "civilian position" means a position, as defined in section 5531(2) of title 5, United States Code. (3) This subsection shall not apply to reduce the salary of any person whose compensation may not, under section 1 of article III of the Constitution of the United States, be diminished during such individual's continuance in office. (4) The reduction in pay required by this subsection does not apply to a member or former member of a uniformed service receiving retired or retainer pay whose retired or retainer pay is computed, in whole or in part, based on disability— (A) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 301 of title 38, United States Code. DISABILITY RETIREMENT

'Technician."

SEC. 302. (a) Section 8337 of title 5, United States Code, is amended— (1) by striking out "1 year" in the second sentence of subsection (d) and inserting in lieu thereof "180 days"; (2) by striking out "each of 2 succeeding calendar years" in the third sentence of subsection (d) and inserting in lieu thereof "any calendar year"; and (3) by adding at the end thereof the following new subsection: "(h)(1) As used in this subsection, the term 'technician' means an individual employed under section 709(a) of title 32 who, as a condition of the employment, is required under section 709(b) of such title to be a member of the National Guard and to hold a specified military grade. "(2)(A) Except as provided in subparagraph (B) of this paragraph, an individual shall be retired under this section if the individual— "(i) is separated from employment as a technician under section 709(e)(l) of title 32 by reason of a disability that disqualifies the individual from membership in the National Guard or from holding the military grade required for such employment; "(ii) is not considered to be disabled under the second sentence of subsection (a) of this section; "(iii) is not appointed to a position in the Government (whether under paragraph (3) of this subsection or otherwise); and "(iv) has not declined an offer of an appointment to a position in the Government under paragraph (3) of this subsection. "(B) Pajment of any annuity for an individual pursuant to this subsection terminates— "(i) on the date the individual is appointed to a position in the Government (whether pursuant to paragraph (3) of this subsection or otherwise);

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 PUBLIC LAW 97-253—SEPT. 8, 1982

96 STAT. 793

"(ii) on the date the individual declines an offer of appointment to a position in the Government under paragraph (3); or "(iii) as provided under subsection (d). "(3) Any individual applying for or receiving any annuity pursuant to this subsection shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if— "(A) the position is located within the commuting area of the individual's former position; "(B) the individual is qualified to serve in such position, as determined by the head of the agency; and "(C) the position is at the same grade or equivalent level as the position from which the individual was separated under section 709(e)(1) of title 32.". (b) Section 8347(m) of title 5, United States Code, is amended— (1) by striking out "and" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting a semicolon in lieu thereof; and (3) by adding at the end thereof the following new paragraphs: "(3) the Secretary of Health and Human Services or the Secretary's designee shall provide information contained in the records of the Social Security Administration; and "(4) the Secretary of Labor or the Secretary's designee shall provide information on benefits paid under subchapter I of chapter 81 of this title.". 5 USC 8101. (c)(1) Except as provided in paragraphs (2) and (3), the amend- Effective dates. ments made by subsections (a) and (b) shall take effect October 1, 5 USC 8337 note. 1982, and shall apply with respect to individuals retiring on or after such date. (2) The amendments made by paragraphs (1) and (2) of subsection (a) shall take effect with respect to income earned after December 31, 1982. (3) Subsection (h) of section 8337 of title 5, United States Code (as added by subsection (a)) shall apply to any technician (as defined in paragraph (1) of such subsection (h)) who separated from employment as a technician on or after December 31, 1979, and before October 1, 1982, if application therefor is made to the Office of Personnel Management within 12 months after the date of the enactment of this Act. Any annuity resulting from such application shall commence as of the day after the date such application is received by the Office. INTEREST RATES, DEPOSITS, REFUNDS, AND REDEPOSITS

SEC. 303. (a)(1) Section 8334(e) of title 5, United States Code, is amended to read as follows: "(e)(1) Interest under subsection (c), (d), or (j) of this section is computed in accordance with paragraphs (2) and (3) of this subsection and regulations prescribed by the Office of Personnel Management. "(2) Interest accrues annually on the outstanding portion of any amount that may be deposited under subsection (c), (d), or 0) of this section, and is compounded annually, until the portion is deposited. Such interest is computed from the mid-point of each service period included in the computation, or from the date refund was paid. The deposit may be made in one or more installments. Interest may not

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Page:United States Statutes at Large Volume 96 Part 1.djvu/836

 96 STAT. 794

PUBLIC LAW 97-253—SEPT. 8, 1982

be charged for a period of separation from the service which began before October 1, 1956. "(3) The rate of interest is 4 percent a year through December 31, 1947, and 3 percent a year beginning January 1, 1948, through December 31, 1984. Thereafter, the rate of interest for any calendar year shall be equal to the overall average yield to the Fund during the preceding calendar year from all obligations purchased by the Secretary of the Treasury during such calendar year under section 5 USC 8348. 8348 (c), (d), and (e) of this title, as determined by the Secretary.". (2) The second sentence of section 8343(a) of title 5, United States Code, is amended by inserting after "at 3 percent a year" the following: "through December 31, 1984, and thereafter at the rate Ante, p. 793. computed under section 8334(e) of this title,". (b) Section 8339(i) of title 5, United States Code, is amended to read as follows: "(i) For the purposes of subsections (a)-(h) and (n) of this section, the total service of any employee or Member shall not include any period of civilian service after July 31, 1920, for which retirement deductions or deposits have not been made under section 8334(a) of 5 USC 8334. this title unless— "(1) the employee or Member makes a deposit for such period as provided in section 8334(c) or (d) of this title; or "(2) no deposit is required for such service, as provided under section 8334(g) of this title or under any statute.". Lump-sum (c) Section 8342(a) of title 5, United States Code, is amended to credit. read as follows: "(a) An employee or Member who— "(I)(A) is separated from the service for at least thirty-one consecutive days; or "(B) is transferred to a position in which he is not subject to this subchapter and remains in such position for at least thirtyone consecutive days; "(2) files an application with the Office of Personnel Management for payment of the lump-sum credit; "(3) is not reemployed in a position in which he is subject to this subchapter at the time he files the application; and "(4) will not become eligible to receive an annuity within thirty-one days after filing the application, is entitled to be paid the lump-sum credit. The receipt of the payment of the lump-sum credit by the employee or Member voids all annuity rights under this subchapter based on the service on which the lump-sum credit is based, until the employee or Member is reemployed in the service subject to this subchapter.". 5 USC 8334 note. (d)(1) The amendments made by subsections (a) and (b) shall apply with respect to deposits for service performed on or after October 1, 1982, and with respect to refunds made on or after such date. The provisions of section 8334 and section 8339(i) of title 5, United States Code, as in effect the day before the date of the enactment of this Act, shall continue to apply with respect to periods of service and refunds occurring on or before September 30, 1982. Effective date. (2) The amendment made by subsection (c) shall take effect Octo5 USC 8342 note, b e r 1, 1982.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/837

 PUBLIC LAW 97-253—SEPT. 8, 1982

96 STAT. 795

BOUNDING DOWN OF CIVIL SERVICE RETIREMENT ANNUITIES

SEC. 304. (a) The first sentence of section 8340(e) of title 5, United States Code, is amended by striking out "fixed at the nearest" and inserting in lieu thereof "rounded to the next lowest". (b) Section 8345(a) of title 5, United States Code, is amended by striking out "fixed at the nearest" and inserting in lieu thereof "rounded to the next lowest". (c) The amendments made by subsections (a) and (b) shall apply 5 USC 8340 note. with respect to any annuity commencing on or after October 1, 1982, and with respect to any adjustment or redetermination of any annuity made on or after such date. LATER COMMENCEMENT DATE FOR CERTAIN ANNUITIES

SEC. 305. (a) Section 8345(b) of title 5, United States Code, is amended to read as follows: "(b)(1) Except as otherwise provided— "(A) an annuity of an employee or Member commences on the first day of the month after— (i) separation from the service; or "(ii) pay ceases and the service and age requirements for title to annuity are met; and "(B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based. "(2) The annuity of— "(A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and "(B) an employee or Member retiring under section 8337 of this title due to a disability; 5 USC 8337. shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met.". (b) The amendment made by subsection (a) shall apply to annu- 5 USC 8345 note, ities which commence on or after October 1, 1982. CREDITABLE SERVICE BASED ON MILITARY SERVICE

SEC. 306. (a) Section 8331(8)(B) of title 5, United States Code, is amended by inserting after "service" a comma and "including any amounts deposited under section 8334(j) of this title". (b) Section 8332(c) of title 5, United States Code, is amended to read as follows: "(c)(1) Except as provided in paragraph (2) of this subsection and subsection (d) of this section— "(A) the service of an individual who first becomes an employee or Member before October 1, 1982, shall include credit for each month of military service performed before the date of the separation on which the entitlement to an annuity under this subchapter is based, subject to section 8332(j) of this title; and "(B) the service of an individual who first becomes an employee or Member on or after October 1, 1982, shall include credit for each month of military service (performed before the date of the separation on which the entitlement to an annuity

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Page:United States Statutes at Large Volume 96 Part 1.djvu/838

 96 STAT. 796

Infra.

10 USC 1331 et

Ante, p. 795.

Deposit.

Payment remittance.

PUBLIC LAW 97-253—SEPT. 8, 1982 under this subchapter is based) only if a deposit with interest, if any, is made with respect to that month, as provided in section 83340) of this title. "(2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded— "(A) based on a service-connected disability— "(i) incurred in combat with an enemy of the United States; or "(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 301 oftitle38;or ''(B) under chapter 67 of title 10.". (c) Subsection (j) of section 8332 of title 5, United States Code, is amended— (1) by inserting "(1)" after "(j)"; and (2) by adding at the end thereof the following new paragraph: "(2) The provisions of paragraph (1) of this subsection relating to credit for military service shall not apply to— "(A) any month of military service of an employee or Member with respect to which the employee or Member has made a deposit with interest, if any, under section 8334(j) of this title; or (B) the service of any employee or Member described in section 8332(cKlXB) of this title.". (d) Section 8334 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(j)(1) Each employee or Member who has performed military service before the date of the separation on which the entitlement to any annuity under this subchapter is based may pay, in accordance with such regulations as the Office shall issue within 90 days after the effective date of this subsection, to the agency by which the employee is employed or, in the ceise of a Member or a Congressional employee, to the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, an amount equal to 7 percent of the amount of the basic pay paid under section 204 of title 37 to the employee or Member for each month of military service after December 1956, as certified to the agency, the Secretary of the Senate, or the Clerk of the House of Representatives, as appropriate, by the Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, upon the employee's or Member's request. "(2) Any deposit made under paragraph (1) of this subsection more than two years after the later of— "(A) October 1, 1982; or "(B) the date on which the employee or Member making the deposit first becomes an employee or Member, shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (e) of this section. "(3) Any payment received by an agency, the Secretary of the Senate, or the Clerk of the House of Representatives under thig subsection shall be immediately remitted to the Office for deposit in the Treasury of the United States to the credit of the Fund.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/839

 PUBLIC LAW 97-253—SEPT. 8, 1982

96 STAT. 797

"(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Office as the Office may determine to be necessary for the administration of this subsection.". (e) Section 8334(g)(2) of title 5, United States Code, is amended by inserting after "military service" the following: ", except to the extent provided under section 8332(c) or section 83340') of this title". 5 USC 8332; (f) Section 8348(g) of title 5, United States Code, is amended by Ante, p. 796. striking out the period at the end of the first sentence and inserting in lieu thereof a comma and "less an amount determined by the Office to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 8334(j) of this title.". (g) The amendments made by this section shall take effect October Effective date. 1, 1982.

5 USC 8331 note.

RECOMPUTATION AT AGE 62 OP CREDIT FOR MILITARY SERVICE OF CURRENT ANNUITANTS

SEC. 307. (a) The provisions of section 8332(j) of title 5, United 5 USC 8332 note. States Code, relating to credit for military service, shall not apply with respect to any individual who is entitled to an annuity under subchapter III of chapter 83 of title 5, United States Code, on or ^ use 8331. before the date of enactment of this Act. (b) Subject to subsection (b), in any case in which an individual described in subsection (a) is also entitled to old-age insurance benefits under section 202(a) of the Social Security Act (or would be 42 USC 402. entitled to such benefits upon filing application therefor), the amount of the annuity to which such individual is entitled under subchapter III of chapter 83 of title 5, United States Code, (after taking into account subsection (a)) which is payable for any month shall be reduced by an amount determined by multiplying the amount of such old-age insurance benefit for the determination month by a fraction— (1) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act) for service 42 USC 409. referred to in section 210(1) of such Act (relating to service in 42 USC 410. the uniformed services) and deemed additional wages (within 42 USC 429. the meaning of section 229 of such Act) of such individual credited for years after 1956 and before the calendar year in which the determination month occurs, up to the contribution and benefit base determined under section 230 of the Social Security Act (or other applicable maximum annual amount 42 USC 430. referred to in section 215(e)(l) of such Act) for each such year, 42 USC 415. and (2) the denominator of which is the total of all wages and deemed additional wages described in paragraph (1) of this subsection plus all other wages (within the meaning of section 209 of such Act) and all self-employment income (within the 42 USC 409. meaning of section 211(b) of such Act) of such individual cred- 42 USC 411. ited for years after 1936 and before the calendar year in which the determination month occurs, up to the contribution and benefit base (or such other amount referred to in such section 215(e)(l)) for each such year. 42 USC 415. (c) Subsection (b) shall not reduce the annuity of any individual below the amount of the annuity which would be payable under this subchapter to the individual for the determination month if section

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Page:United States Statutes at Large Volume 96 Part 1.djvu/840

 96 STAT. 798

"Determination month."

42 USC 402.

Effective date. 5 USC 8331.

PUBLIC LAW 97-253~SEPT. 8, 1982 8332(j) of title 5, United States Code, applied to the individual for such month. (d) For purposes of this section, the term "determination month" means— (1) the first month the individual described in subsection (a) is entitled to old-age insurance benefits under section 202(a) of the Social Security Act (or would be entitled to such benefits upon filing application therefor); or (2) October 1982, in the case of any individual so entitled to such benefits for such month. (e) The preceding provisions of this section shall take effect with respect to any annuity payment payable under subchapter III of chapter 83 of title 5, United States Code, for calendar months beginning after September 30, 1982. (f) The Secretary of Health and Human Services shall furnish such information to the Office of Personnel Management as may be necessary to carry out the preceding provisions of this section. IMMEDIATE RETIREMENT

SEC. 308. (a) Subsection (d) of section 8336 of title 5, United States Code, is amended to read as follows: "(d) An employee who— "(1) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or "(2) while serving in a geographic area designated by the Office of Personnel Management, is separated from the service voluntarily during a period in which the Office determines that— "(A) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and "(B) a significant percent of the employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter 5 USC 5361. VI of chapter 53 of this title or comparable provisions); after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. Nonentitlement Notwithstanding the first sentence of this subsection, an employee of annuity. described in paragraph (1) of this subsection is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee's agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee's grade (or pay level), and which is within the employee's commuting area.". Effective date. OE>) The amendment made by subsection (a) shall take effect 5 USC 8336 note. October 1, 1982. GENERAL LIMITATION ON COST-OP-UVING ADJUSTMENT FOR ANNUITIES

SEC. 309. (a) Section 8340 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(g)(1) An annuity shall not be increased by reason of any adjustment under this section to an amount which exceeds the greater of—

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Page:United States Statutes at Large Volume 96 Part 1.djvu/841

 PUBLIC LAW 97-253-SEPT. 8, 1982 "(A) the maximum pay payable for GS-15 30 days before the effective date of the adjustment under this section; or "(B) the final pay (or average pay, if higher) of the employee or Member with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the General Schedule under subchapter I of chapter 53 of this title during the period— "(i) beginning on the date the annuity commenced (or, in the case of a survivor of the retired employee or Member, the date the employee's or Member's annuity commenced), and "(ii) ending on the effective date of the adjustment under this section. "(2) For the purposes of paragraph (1) of this subsection, 'pay' means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.". (b) The amendment made by subsection (a) of this section shall not cause any annuity to be reduced below the rate that is payable on the date of the enactment of this Act, but shall apply to any adjustment occurring on or after such date of enactment under section 8340 of title 5, United States Code, to any annuity payable from the Civil Service Retirement and Disability Fund, whether such annuity has a commencing date before, on, or after the date of enactment of this Act.

96 STAT. 799

5 USC 5301.

"Pay."

5 USC 8340 note.

FEDERAL EMPLOYEE PAY ADJUSTMENTS

SEC. 310. (a)(1) Notwithstanding any other provision of law, if— (A) before September 1, 1982, the President transmits to the Congress pursuant to section 5305(c)(l) of title 5, United States Code, an alternative plan which provides for an overall percentage pay adjustment which is less than 4 percent, and (B) the alternative plan referred to in subparagraph (A) is disapproved pursuant to such section 5305, the rates of pay under the General Schedule and the rates of pay under the other statutory pay systems shall be increased under the provisions of such section 5305 by 4 percent in the case of fiscal year 1983. (2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect on the first day of the first applicable pay period commencing on or after October 1 of such fiscal year. (b)(1) Notwithstanding any other provision of law, effective with respect to fiscal years 1984 and 1985, and applicable in the case of an employee under the General Schedule, any hourly rate derived under section 5504(b)(l) of title 5, United States Code, shall be derived by dividing the annual rate of basic pay by 2,087. (2) Paragraph (1) shall not apply in determining basic pay for purposes of subchapter III of chapter 83 of title 5, United States

Effective date.

Code.

5 USC 8331.

(3) The Office of Personnel Management may prescribe regulations necessary for the administration of this subsection insofar as this subsection affects employees in or under an Executive agency.

5 USC 5305 note.

5 USC 5504 note.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/842

 96 STAT. 800

PUBLIC LAW 97-253—SEPT. 8, 1982 SUBTITLE B—LIMITATION ON TRAVEL AND TRANSPORTATION EXPENSES TRAVEL AND TRANSPORTATION EXPENSES FOR VACATION LEAVE

5 USC 5728 note.

Effective date. 5 USC 5728 note.

"Employee." 5 USC 5728 note.

SEC. 351. (a) Section 5728 of title 5, United States Code, is amended by inserting a comma and "Alaska, and Hawaii" after "continental United States" each place it occurs in subsections (a) and db). (b) Such section is further amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection G)) the following new subsection: "(c)(1) Under such regulations as the President may prescribe, an agency may pay, subject to paragraph (3) of this subsection, the expenses described in paragraph (2) of this subsection in any case in which the head of the agency determines that the payment of such expenses is necessary for the purpose of recruiting or retaining an employee for service of a tour of duty at a post of duty in Alaska or Hawaii. "(2) The expenses payable under paragraph (1) of this subsection are the expenses of round-trip travel of an employee, and the transportation of his immediate family, but not household goods, from his post of duty in Alaska or Hawaii to the place of his actual residence at the time of appointment or trsinsfer to the post of duty, incurred after he has satisfactorily completed an agreed period of service in Alaska or Hawaii and in returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty in Alaska or Hawaii under a new written agreement made before departing from the post of duty. "(3) The payment of expenses of any employee and the transportation of his family under paragraph (1) of this subsection is limited to the expenses of travel and transportation incurred for not more than two round trips commenced within 5 years after the date the employee first commences any period of consecutive tours of duty in Alaska or Hawaii.". (c) Notwithstanding section 5728(c)(3) of title 5, United States Code (as added by subsection (b)(2) of this section), the agency shall pay under section 5728(c)(l) of such title (as added by subsection (b)(2) of this section) the expenses of one round-trip of travel of an employee who has served on consecutive tours of duty at posts of duty in Alaska or Hawaii for a period beginning at least five years before the date of enactment of this Act and including such date and the expenses of transportation of such employee's immediate family on one round-trip. (d) The amendments made by subsection (a) shall take effect with respect to expenses incurred after the date of enactment of this Act for round-trip travel (commenced after such date) of an employee or transportation of his immediate family from his post of duty to the place of his actual residence at the time of appointment or transfer to the post of duty. (e) For the purposes of subsections (c) and (d), the term "employee" shall have the same meaning as provided in section 5721(2) of title 5, United States Code.

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 PUBLIC LAW 97-253—SEPT. 8, 1982

96 STAT. 801

Subtitle C—Cost-of-Living Adjustments UNIFORMED SERVICES

SEC. 361. For cost savings achieved through a limitation on the amount of the annual adjustment of retired and retainer pay of members and former members of the uniformed services, in satisfaction of the reconciliation requirements of section 2(b)(2), section 2(c)(2), and section 2(c)(4) of the first concurrent resolution on the budget for fiscal year 1983, see section 301 of this Act and section Ante, p. 790. 1401a(b) of title 10, United States Code. COAST GUARD

SEC. 362. For cost savings achieved through a limitation on the amount of the annual adjustment of retired and retainer pay of members and former members of the uniformed services, in satisfaction of the reconciliation requirements of section 2(b)(4) and section 2(c)(6) of the first concurrent resolution on the budget for fiscal year 1983, see section 301 of this Act and section 1401a(b) of title 10, United States Code. FOREIGN SERVICE

SEC. 363. For cost savings achieved through a limitation on the amount of the annual adjustment of the annuity payable from the Foreign Service Retirement and Disability Fund, in satisfaction of the reconciliation requirements of section 2(b)(5) and section 2(c)(5) of the first concurrent resolution on the budget for fiscal year 1983, see section 301 of this Act and sections 826 and 827 of the Foreign Service Act of 1980. 22 USC 4066, 4067.

TITLE IV—VETERANS' BENEFITS COMMENCEMENT OF CERTAIN PERIODS OF PAYMENT

SEC. 401. (a)(1) Chapter 51 of title 38, United States Code, is amended by inserting after section 3010 the following new section: "§ 3011. Commencement of period of payment 38 USC soil. "(a) Notwithstanding section 3010 of this title or any other provi- 38 USC 3010. sion of law and except as provided in subsection (c) of this section, payment of monetary benefits based on an award or an increased award of compensation, dependency and indemnity compensation, or pension may not be made to an individual for any period before the first day of the calendar month following the month in which the award or increased award became effective as provided under section 3010 of this title or such other provision of law. "(b)(1) Except as provided in paragraph (2) of this subsection, during the period between the effective date of an award or increased award as provided under section 3010 of this title or other provision of law and the commencement of the period of payment based on such award as provided under subsection (a) of this section, an individual entitled to receive monetary benefits shall be deemed to be in receipt of such benefits for the purpose of all laws administered by the Veterans' Administration.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/844

 96 STAT. 802 Waiver.

38 USC 3105.

38 USC 3110.

"Award or increased award."

PUBLIC LAW 97-253—SEPT. 8, 1982 "(2) If any person who is in receipt of retired or retirement pay would also be eligible to receive compensation or pension upon the filing of a waiver of such pay in accordance with section 3105 of this title, such waiver shall not become effective until the first day of the month following the month in which such waiver is filed, and nothing in this section shall prohibit the receipt of retired or retirement pay for any period before such effective date. "(c) This section shall apply to payments made pursuant to section 3110 of this title only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veteran's death, for the month in which such veteran's death occurred. "(d) For the purposes of this section, the term 'award or increased award' means— "(1) an original or reopened award; or "(2) an award that is increased because of an added dependent, increase in disability or disability rating, or reduction in income.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3010 the following new item: "3011. Commencement of period of payment.".

Effective date. 38 USC 3011 note.

(b) Section 3011 of title 38, United States Code, as added by subsection (a), shall apply to awards and increased awards the effective dates of which are after September 30, 1982. ADVANCEMENT OF EFFECTIVE DATE OF CERTAIN REDUCTIONS OF COMPENSATION AND PENSION

38 USC 3012 note.

SEC. 402. (a) Section 3012(b)(2) of title 38, United States Code, is amended by striking out "calendar year" and inserting in lieu thereof "month". (b) The amendment made by subsection (a) shall apply with respect to any marriage, annulment, divorce, or death that occurs after September 30, 1982. ROUNDING DOWN OF PENSION TO NEAREST DOLLAR

SEC. 403. (a)(1) Chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: 38 USC 3023. 38 USC 521, 541, 542. 38 USC 521 note.

"§ 3023. Rounding down of pension rates "The monthly or other periodic rate of pension payable to an individual under section 521, 541, or 542 of this title or under section 306(a) of the Veterans' and Survivors' Pension Improvement Act of 1978 (Public Law 95-588), if not a multiple of $1, shall be rounded down to the nearest dollar.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "3023. Rounding down of pension rates.".

38 USC 3023 note.

(b) The amendment made by this section shall apply with respect to amounts payable for periods beginning after May 31, 1983.

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 PUBLIC LAW 97-253—SEPT. 8, 1982

96 STAT. 803

ROUNDING RULE FOR CERTAIN RATES OF COMPENSATION

SEC. 404. (a) Section 314(p) of title 38, United States Code, is amended by inserting "down" after "rounded". (b) The second sentence of section 315(2) of such title is amended 38 USC 315. to read as follows: "The amounts payable under this paragraph, if not a multiple of $1, shall be rounded down to the nearest dollar.". (c) The amendments made by this section shall take effect on Effective date. October 1, 1982. 38 USC 314 note. ROUNDING DOWN OF FISCAL YEAR 1983 COMPENSATION COST-OF-LIVING INCREASE

SEC. 405. (a) In contemplation of the enactment, after the date of 38 USC 314 note. the enactment of this Act, of legislation providing for cost-of-living increases to be effective on October 1, 1982, in the rates of disability compensation and dependency and indemnity compensation under chapters 11 and 13, respectively, of title 38, United States Code, and 38 USC 301 et the rounding down of the amounts so provided to the nearest dollar seq., 401 et seq. and the realigning of the amounts of disability compensation paid on account of dependents, the adjustments made by this section in the current rates under such chapters are enacted, effective January 1, 1983, with the intent that they be superseded by the rounded and realigned increased rates to be provided for in such legislation. (b) Section 314 of title 38, United States Code, is amended— 95 Stat. 1026. (1) by striking out "$58" in subsection (a) and inserting in lieu thereof "$57"; (2) by striking out "$162" in subsection (c) and inserting in lieu thereof "$161"; (3) by striking out "$413" in subsection (f) and inserting in lieu thereof "$412"; (4) by striking out "$604" in subsection (h) and inserting in lieu thereof "$603"; (5) by striking out "$62", "$1,403", "$62", and "$1,966" in subsection (k) and inserting in lieu thereof "$61", "$1,402", "$61", and "$1,965", respectively; (6) by striking out "$1,403" in subsection (1) and inserting in lieu thereof "$1,402"; (7) by striking out "$1,547" in subsection (m) and inserting in lieu thereof "$1,546"; (8) by striking out "$1,758" in subsection (n) and inserting in lieu thereof "$1,757"; (9) by striking out "$1,966" each place it appears in subsections (o) and (p) and inserting in lieu thereof in each such place "$1,965"; (10) by striking out "$844" and "$1,257" in subsection (r) and inserting in lieu thereof "$843" and "$1,256", respectively; (11) by striking out "$1,264" in subsection (s) and inserting in lieu thereof "$1,263"; and (12) by striking out "$244" in subsection (t) and inserting in lieu thereof "$243". 95 Stat. 1027. (c) Section 315 of such title is amended— (1) by striking out "$116" in clause (1)(B) and inserting in lieu 38 USC 315. thereof "$115"; (2) by striking out "$38" in clause (1)(D) and inserting in lieu thereof "$37"; and

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 96 STAT. 804

95 Stat. 1027. 38 USC 362. 95 Stat. 1028. 38 USC 411.

PUBLIC LAW 97-253—SEPT. 8, 1982 (3) by striking out "$38" in clause (1)(G) and inserting in lieu thereof "$37". (d) Section 362 of such title is amended by striking out "$305" and inserting in lieu thereof "$304". (e)(1) Subsection (a) of section 411 of such title is amended to read as follows: "(a) Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following table: Monthly Monthly "Pay grade rate "Pay grade rate E-1 $414 W-4 $594 E-2 $427 0-1 $524 E-3 $438 0-2 $541 E-4 $466 0-3 $579 E-5 $479 0-4 $612 E-6 $490 0-5 $675 E-7 $514 0-6 $760 E-8 $541 0-7 $823 E-9 1 $566 0-8 $902 W-1 $524 0-9 $969 W-2 $545 O-IO 2 $1,060 W-3 $561 chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the C!oast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $609. Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $1,137.".
 * If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy,
 * If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,

(2) Subsection (b) of such section is amended by striking out "$48" and inserting in lieu thereof "$47". (3) Subsection (c) of such section is amended by striking out "$125" and inserting in lieu thereof "$124". (4) Subsection (d) of such section is amended by striking out "$62" and inserting in lieu thereof "$61". 95 Stat. 1029. (f) Section 413 of such title is amended— 38 USC 413. (1) by striking out "$210" in clause (1) and inserting in lieu thereof "$209"; (2) by striking out "$301" in clause (2) and inserting in lieu thereof "$300"; (3) by striking out "$389" in clause (3) and inserting in lieu thereof "$388"; and (4) by striking out "$389" and "$79" in clause (4) and inserting in lieu thereof "$388" and "$78", respectively. 95 Stat. 1029. (g) Section 414 of such title is amended— 38 USC 414. (1) by striking out "$125" in subsection (a) and inserting in lieu thereof "$124"; (2) by striking out "$210" in subsection (b) and inserting in lieu thereof "$209"; and (3) by striking out "$107" in subsection (c) and inserting in lieu thereof "$106". Effective date. (h) The amendments made by this section shall take effect on 38 USC 314 note. January 1, 1983.

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 PUBLIC LAW 97-253—SEPT. 8, 1982

96 STAT. 805

FEE FOR HOME LOANS

SEC. 406. (a)(1) Subchapter III of chapter 37 of title 38, United States Code, is amended by adding at the end the following new section: "§ 1829. Loan fee 38 USC 1829. "(a) Except as provided in subsection (b) of this section, a fee shall be collected from each veteran obtaining a housing loan guaranteed, made, or insured under this chapter, and no such loan may be guaranteed, made, or insured under this chapter until the fee payable with respect to such loan has been remitted to the Administrator. The amount of the fee shall be one-half of one percent of the total loan amount. The amount of the fee may be included in the loan to the veteran and paid from the proceeds thereof. "0)) A fee may not be collected under this section from a veteran who is receiving compensation (or who but for the receipt of retirement pay would be entitled to receive compensation) or from a surviving spouse described in section 18010t)X2) of this title. 95 Stat. 1059. "(c) Fees collected under this section shall be deposited into the 38 USC 1801. Treasury of the United States as miscellaneous receipts. "(d) A fee may not be collected under this section with respect to any loan closed after September 30, 1985.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1828 the following new item: "1829. Loan fee.".

(b) Section 1829 of title 38, United States Code, as added by subsection (a), shall apply only to loans closed after September 30, 1982.

38 USC 1829

note.

TITLE V—COMMERCE, SCIENCE, AND TRANSPORTATION FEDERAL COMMUNICATIONS COMMISSION

SEC. 501. (a) Upon expiration of the term of office as a member of Term expiration; the Federal Communications Commission, which is prescribed by °F^??, law to occur on June 30, 1982, any member appointed to fill such J;°TQr.°;^": office after such date shall be appointed for a term which ends on 47 USC 154 note. June 30, 1983, and such office shall be abolished on July 1, 1983. Upon expiration of the term of office as a member of such Commission, which— (1) is prescribed by law; (2) is in effect before the date of the enactment of this Act; and (3) is to occur on June 30, 1983; no person shall be appointed to fill such office after such date, and such office shall be abolished on July 1, 1983. (b)(1) Section 4(a) of the Communications Act of 1934 (47 U.S.C. 154(a)) is amended by striking out "seven" and inserting in lieu thereof "five". (2) The last sentence of section 4(b) of the Communications Act of 1934 (47 U.S.C. 154(b)) is amended to read as follows: "The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners

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 96 STAT. 806

PUBLIC LAW 97-253—SEPT. 8, 1982

which constitutes a m^'ority of the full membership of the Commission.". (3) Section 4(h) of the Communications Act of 1934 (47 U.S.C. 154(h)) is amended by striking out "Four" and inserting in lieu thereof "Three". Effective date. (4) The amendments made in paragraphs (1), (2), and (3) of this 47 USC 154 note. subsection shall take effect on July 1, 1983. INTERSTATE COMMERCE COMMISSION Office abolishment. 49 USC 10301 note.

SEC. 502. (a) Effective January 1, 1983, each office within the Interstate Commerce Commission provided in section 10301(b) of title 49, United States Code (except one of the two offices prescribed by law to expire on December 31, 1984), which was vacant on July 1, 1982 is abolished. (b)'Effective January 1, 1983, section 10301(b) of title 49, United States Code, is amend^ (1) by striking out "11" and inserting in lieu thereof "7", and (2) by striMng out "6 members" and inserting in lieu thereof "4 members". Term expiration; (c) Upon the expiration of the term of office as a member of the office Interstate Commerce Commission which is prescribed by law to abolishment. expire on December 31, 1982, any person appointed to fill such office 49 USC 10301 after such date shall be appointed for a term of office which ends on note. December 31, 1985, and such office shall be abolished immediately after the expiration of that date. 49 USC 10301 (d) Upon the expiration of the term of office as a member of the note. Interstate Commerce Commission which is prescribed by law to expire on December 31, 1983, any person appointed to fill such office after such date shall be appointed for a term of office which ends on December 31, 1985, and such office shall be abolished immediately after the expiration of that date. (e) Effective January 1, 1986, section 10301(b) of title 49, United States Code, is amended (1) by striking out "7" and inserting in lieu thereof "5", and (2) by strikhig out "4 members" and inserting in lieu thereof "3 members". 49 USC 10301 (f) Nothing in subsection (c) or (d) of this section shall be construed note. as prohibiting the reappointment of any person serving in such office in terms expiring on December 31, 1982, or December 31, 1983, respectively. Term expiration. (g) The term of office of one of the two persons appointed to fill an 49 USC 10301 office, as a member of the Interstate Commerce Commission, the note. term for which is prescribed by law to expire on December 31, 1987, shall end on December 31, 1991. At the time of the first of such two appointments, the President shall designate which appointment is to fill the term of office which shall end under the preceding sentence on December 31, 1991. (h)(1) Section 10301(c) of title 49, United States Code, is amended by striking out "7 years" and inserting in lieu thereof "5 years".

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 PUBLIC LAW 97-253—SEPT. 8, 1982

96 STAT. 807

(2) The amendment made by paragraph (1) of this subsection shall Effective date. take effect on January 1, 1984, and shall apply to any person ^^ use losoi appointed, after such date, to fill any office, as a member of the "°*®' Interstate Commerce Commission, the term for which is prescribed by law to expire after such date, except that such amendment shall not apply to the person designated by the President to fill the term of office which is to end under subsection (g) of this section on December 31, 1991. Approved September 8, 1982.

LEGISLATIVE HISTORY—H.R. 6955 (H.R. 6782) (H.R. 6812) (H.R. 6862) (H.R. 6892) (S. 2774): HOUSE REPORTS: No. 97-660 accompanying H.R. 6782 (Comm. on Veterans' Affairs), No. 97-683 accompanying H.R. 6812 (Comm. on Banking, Finance and Urban Affairs), No. 97-687 accompanying H.R. 6892 (Comm. on Agriculture), Nos. 97-750 and 97-759 (Comms. of Conference). SENATE REPORT No. 97-504 accompanying S. 2774 (Comm. on the Budget). CONGRESSIONAL RECORD, Vol. 128 (1982): July 27, H.R. 6782 considered and passed House. Aug. 3, H.R. 6862 considered and passed House. Aug. 4, 5, S. 2774 considered and passed Senate. Aug. 5, H.R. 6812 considered and passed House. Aug. 10, H.R. 6892 considered and passed House. Aug. 10, considered and passed House. Aug. 11, considered and passed Senate, amended, in lieu of S. 2774. Aug. 18, House and Senate agreed to conference report.

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 96 STAT. 808

PUBLIC LAW 97-254—SEPT. 8, 1982 Public Law 97-254 97th Congress

Sept. 8, 1982 [H.R. 6409] 1984 Louisiana World Exposition. U.S. participation.

Commissioner General of the U.S. Government, appointment. Duties and responsibilities.

An Act To provide for the participation of the United States in the 1984 Louisiana World Exposition to be held in New Orleans, Louisiana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in accordance with the Act entitled "An Act to provide for Federal Government recognition of and participation in international expositions proposed to be held in the United States, and for other purposes", approved May 27, 1970 (22 U.S.C. 2801 et seq.), the President is authorized to provide for United States participation in an international exposition to be known as the 1984 Louisiana World Exposition (hereinafter in this Act referred to as the "Exposition"), to be held in New Orleans, Louisiana. The purposes of the Exposition are— (1) to offer the citizens of the world a greater understanding and appreciation of rivers and fresh water as a basis of life, providing food, transportation, energy, generating related industry and commercial activity, and serving as a source of aesthetic gratification, social interchange, and inspiration for the arts; (2) to create an awareness of the need to conserve and protect the world's fresh water resources from the hazards of increasing demands, diminishing supplies, pollution, and ecological disruption; and (3) to stimulate international trade, encourage tourist travel in and to the United States, and promote cultural exchanges. SEC. 2. (a) The President, through the Secretary of Commerce (hereinafter in this Act referred to as the "Secretary") and the other officials designated in this Act, is authorized to carry out in the most effective manner the proposal for United States participation in the Exposition, transmitted by the President to the Congress pursuant to section 3 of Public Law 91-269 (22 U.S.C. 2803), and to fulfill the obligations of the Federal Government under the Convention Relating to International Expositions, done at Paris, France, on November 22, 1928, as amended, and entered into by the United States at Paris on April 30, 1968 (hereinafter in this Act referred to as the "Convention"), and under the General Rules for the 1984 Louisiana World Exposition, as approved by the Bureau of International Expositions. (h)(1) The President is authorized to appoint, by and with the advice and consent of the Senate, a Commissioner General of the United States Government for the 1984 Louisiana World Exposition, who shall be in the Department of Commerce and who shall be the senior Federal official for the Exposition. The Commissioner General shall have such duties and exercise such responsibilities as may be prescribed by the Secretary and as may be necessary and appropriate to fulfill the obligations of the United States Government

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 PUBLIC LAW 97-254—SEPT. 8, 1982 under the Convention and the General Rules for the 1984 Louisiana World Exposition. (2) The Commissioner General shall be compensated at a rate not greater than the minimum rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) The Secretary of State may assign for duty with the Exposition not more than two career members of the Foreign Service who have the rank of ambassador, and who are not otherwise assigned, to assist the Commissioner General in performing the functions of the Commissioner General in foreign countries and in carrying out the diplomatic responsibilities of the United States as the host Government of the Exposition. The travel and other necessary expenses authorized by law which are incurred by any individual or individuals assigned under this subsection in carrying out the responsibilities of that assignment shall be paid from funds appropriated to carry out this Act. The assignment of any individual or individuals under this subsection shall terminate at the close of the Exposition or on such other date as may be agreed upon by the Secretary of State and the Secretary. (d) Any functions which the Commissioner General or any individual or individuals assigned under subsection (c) of this section perform in a foreign country shall be performed in consultation with the Chief of the United States diplomatic mission in that country, and the Commissioner General or such individual or individuals shall keep the Secretary of State fully and currently informed with respect to all those functions so performed. (e) The Secretary shall designate a Commissioner General of Section for United States participation in the Exposition (as provided in the proposal referred to in subsection (a) of this section), who shall be in the Department of Commerce and who shall perform such duties in carrying out this Act as may be delegated or assigned by the Secretary, including serving as director of the United States pavilion. SEC. 3. To such extent or in such amounts as are provided in appropriation Acts, the Secretary is authorized to— (1) lease such buildings and other structures or space therein (including commercial space for administrative purposes) and any land appurtenant thereto, and to make such improvements and renovations in such buildings or other structures as may be appropriate for United States participation in the Exposition; (2) incur such other expenses as may be necessary to carry out the purposes of this Act, including— (A) expenditures for the design, development, construction, installation, rental, purchase, or other acquisition of exhibits and materials and equipment for exhibits, and for the actual display, dismantling, and disposition of exhibits; and (B) expenditures for transportation, insurance, safekeeping and storage, maintenance and operation, printing, purchase of reference books, newspapers, and periodicals, and publicity; and (3) enter into such contracts and agreements as may be necessary to provide for United States participation in the Exposition. SEC. 4. The Secretary is authorized to obtain the services of consultants and experts as authorized by section 3109 of title 5,

96 STAT. 809

Compensation.

Foreign Service career members, assignment.

Travel and other expenses.

Termination.

Commissioner General of Section for U.S., designation.

Consultants and experts.

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 96 STAT. 810 Compensation.

5 USC 5332 note. Travel and other expenses.

Voluntary services.

Incidental expenses.

28 USC 1346, 2671 et seq. Work injuries, compensation. 5 USC 8101.

5 USC 5332 note.

PUBLIC LAW 97-254—SEPT. 8, 1982 United States Code, to the extent the Secretary considers it necessary to carry out the provisions of this Act. Persons so appointed shall be compensated at rates not to exceed the daily equivalent of the rate of basic pay payable for grade GS-18 of the General Schedule. To such extent or in such amounts as are provided in appropriation Acts, persons so appointed shall be reimbursed for travel and other necessary expenses incurred, including a per diem allowance, as authorized by section 5703 of title 5, United States Code, for employees serving intermittently in the Government service. SEC. 5. (a) Notwithstanding section 3679(b) of the Revised Statutes of the United States (31 U.S.C. 665(b)) and section 3111 of title 5, United States Code, the Secretary is authorized to recruit, train, and accept the voluntary services of individuals in carrying out those functions, services, or activities in and related to United States participation in the Exposition. (b) To such extent or in such amounts as are provided in appropriations Acts, the Secretary is authorized to provide for incidental expenses of individuals providing voluntary services described in subsection (a), including transportation, uniforms, lodging, and subsistence expenses. (c)(1) Except as provided in paragraphs (2) and (3) of this subsection, an individual providing voluntary service described in subsection (a) shall not be deemed to be a Federal employee and shall not be subject to those provisions of law relating to Federal employment, including provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (2) For purposes of section 1346(b) and chapter 171 of title 28, United States Code, an individual providing voluntary service described in subsection (a) shall be deemed to be an employee of the government. (3) An individual providing voluntary service described in subsection (a) shall be deemed to be an "employee" for purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries. For purposes of that subchapter, such an individual shall be deemed to be receiving monthly pay at the minimum rate of GS-2 of the General Schedule. SEC. 6. (a) To such extent or in such amounts as are provided in appropriation Acts, the Secretary is authorized— (1) notwithstanding the requirements of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), to purchase for resale and to sell at fair market value books, brochures, recordings, souvenirs, and other items in conformity with the theme of the Exposition and commemorative of United States participation in the Exposition, and to charge an amount sufficient to realize a reasonable profit on the sale of those items; and (2) to enter into contracts and leases, including cooperative arrangements and concessions agreements, with respect to the sale of the items described in paragraph (1). The proceeds from the sale of the items described in paragraph (1) shall be credited to the appropriation for United States participation in the Exposition and, to the extent provided in advance in appropriation Acts, such credited amounts may be used for such participation. To the extent that such proceeds exceed the amounts necessary

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 PUBLIC LAW 97-254—SEPT. 8, 1982 to provide for such participation, they shall be covered into the Treasury as miscellaneous receipts. (b) The Secretary is authorized to provide, without charge, aid and assistance to visitors to the United States pavilion in emergencies. SEC. 7. The Secretary shall take all reasonable measures to facilitate the participation in the Exposition of the governments of other countries and their nationals, to assure adherence to the protocols of the Bureau of International Expositions, and to cooperate with the Louisiana World Exposition, Incorporated in its efforts and the efforts of the Federal Government to organize, develop, and administer the Exposition successfully. SEC. 8. The Secretary shall encourage private individuals, firms, associations, agencies, and other groups to participate to the maximum extent feasible in carrying out the purposes of this Act and to make contributions of funds, property, use of property, and services to be used in carrying out this Act. The Secretary is authorized to accept such contributions. SEC. 9. The head of each department, agency, or instrumentality of the Federal Government is authorized— (1) to cooperate with the Secretary with respect to carrying out this Act; and (2) to make available to the Secretary from time to time, on a reimbursable or nonreimbursable basis, such personnel as may be necessary to assist the Secretary in carrying out this Act. SEC. 10. Within one year after the date of the official close of the Exposition, the Secretary shall transmit to the Congress a report on the activities of the Federal Government under this Act, including a detailed statement of expenditures made under this Act. Upon transmittal of such report to the Congress, all appointments made under this Act shall terminate, except that the Secretary may extend any such appointment for such additional period of time as the Secretary considers necessary to carry out the purposes of this Act. The preceding sentence shall not apply to assignments made under section 2(c) of this Act. SEC. 11. After the close of the Exposition, all Federal property acquired to carry out this Act shall be disposed of in the discretion of the Secretary, upon such terms and conditions as the Secretary considers appropriate, in accordance with the provisions of the Federal Property and Administrative Services Act of 1949 and other applicable Federal laws relating to the disposition of excess and surplus property. SEC. 12. The functions authorized by this Act may be performed without regard to the requirements, prohibitions, and limitations of the following laws: (1) Section 3109(b) of title 5, United States Code, to the extent that section limits procurement of temporary services to one year. (2) Section 5(a) of the Act of July 16, 1914 (31 U.S.C. 638a(a)), as amended by section 16(a) of the Administrative Expenses Act of 1946, to the extent that section pertains to hiring automobiles. (3) Section 201(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(a)). (4) Section 305(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 255(c)), and section 3648 of the Revised Statutes of the United States (31 U.S.C. 529), if the Secretary determines that it is impracticable to obtain adequate

96 STAT. 811

Emergency assistance.

Contributions.

Report to Congress. Termination.

Federal property, disposal. 40 USC 471 note.

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 96 STAT. 812

Appropriation authorization.

Effective date. 22 USC 2803 note.

Federal pavilion construction.

PUBLIC LAW 97-254—SEPT. 8, 1982 security in a particular case and that there is a compelling need to make an advance payment in that case. (5) Section 322 of the Act of June 20, 1932 (40 U.S.C. 278a), if the Secretary determines that waiver of that section would be in the best interests of the Federal Government. (6) Section 2 of the Act of March 3, 1933 (popularly known as the "Buy American Act"; 41 U.S.C. 10a). (7) Section 501 of title 44, United States Code. (8) Section 3702 of title 44, United States Code. (9) Section 3703 of title 44, United States Code. SEC. 13. The Secretary may issue such regulations as the Secretary considers necessary to carry out this Act. SEC. 14. (a) There is authorized to be appropriated $10,000,000 to carry out the purposes of this Act. (b) Amounts appropriated under this section are authorized to remain available until expended. SEC. 15. This Act shall take effect upon its enactment, except that section 2(b)(2) and the second sentence of section 4 shall become effective on October 1, 1982. SEC. 16. (a) That section 3 of the Act of May 27, 1970 (84 Stat. 272; 22 U.S.C. 2803), is amended by— (1) striking out "The" and inserting in lieu thereof "(a) The"; (2) redesignating clauses (a), (b), and (c) as clauses (1), (2) and (3), respectively; (3) striking out all after the period where it first appears in clause (3) as redesignated in clause (2) of this Act and inserting in lieu thereof the following: "The Secretary of Commerce shall include in such plan any documentation described in subsection (b)(1)(A) of this section, a rendering of any design described in subsection (b)(1)(B) of this section, and any recommendation based on the determination under subsection (b)(1)(C) of this section."; and (4) by adding at the end thereof the following new subsections: "(b)(1) In developing a plan under subsection (a)(3) of this section the Secretary of Commerce shall consider whether the plan should include the construction of a Federal pavilion. If the Secretary of Commerce determines that a Federal pavilion should be constructed, he shall request the Administrator of General Services (hereinafter in this section referred to as the 'Administrator') to determine, in consultation with such Secretary, whether there is a federally endorsed need for a permanent structure in the area of the exposition. If the Administrator determines that any such need exists— "(A) the Administrator shall fully document such determination, including the identification of the need, and shall transmit such documentation to the Secretary of Commerce; "(B) the Secretary of Commerce, in consultation with the Administrator, shall design a pavilion which satisfies the federally endorsed needs for— "(i) participation in the exposition; and "(ii) permanent use of such pavilion after the termination of participation in the exposition; and "(C) the Secretary of Commerce shall determine whether the Federal Government should be deeded a satisfactory site for the Federal pavilion in fee simple, free of all liens and encumbrances, as a condition of participation in the exposition.

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96 STAT. 813

"(2) Notwithstanding paragraph (1)(B) of this subsection, if the Temporary Secretary of Commerce, in consultation with the Administrator Federal pavilion. determines that no design of a Federal pavilion will satisfy both needs described in paragraph dXB) of this subsection, the Secretary shall design a temporary Federal pavilion. "(c) The enactment of a specific authorization of appropriations shall be required— "(1) to construct a Federal pavilion in accordance with the plan prepared pursuant to subsection (a)(3) of this section; "(2) if the Federal pavilion is not temporary, to modify such Federal pavilion after termination of participation in the exposition if modification is necessary to adapt such pavilion for use by the Federal Government to satisfy a need described in subsection (b)(l)(B)(ii) of this section; and "(3) if the Federal pavilion is temporary, to dismantle, demolish, or otherwise dispose of such Federal pavilion after termination of Federal participation in the exposition. "(d) For the purposes of this section— "(1) a Federal pavilion shall be considered to satisfy both needs described in subsection (b)(l)(B) of this section if the Federal pavilion which satisfies the needs described in paragraph (IXBXi) of such subsection can be modified after completion of the exposition to satisfy the needs described in paragraph (l)(B)(ii) of such subsection, provided that such modification shall cost no more than the expense of demolition, dismantling, or other disposal, or if the cost is higher, it shall be no more than 50 per centum of the original cost of the construction of the pavilion; and "(2) a Federal pavilion is temporary if the Federal pavilion is designed to satisfy the minimum needs of the Federal Government described in subsection (b)(l)(B)(i) of this section and is intended for disposal by the Federal Government after the termination of participation in the exposition.". Approved September 8, 1982.

LEGISLATIVE HISTORY—H.R. 6409: HOUSE REPORT No. 97-639 (Comm. on Foreign Affairs). SENATE REPORT No. 97-525 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 128 (1982): July 19, considered and passed House. Aug. 19, considered and passed Senate, amended; House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol.18, No. 36 (1982): Sept. 8, Presidential statement.

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 96 STAT. 814

PUBLIC LAW 97-255—SEPT. 8, 1982 Public Law 97-255 97th Congress An Act

Sept. 8, 1982 [H.R. 1526]

Federal Managers' Financial Integrity Act of 1982. 31 USC 65 note. Internal accounting and administrative controls. Establishment.

Evaluation guidelines.

Modification.

Compliance, statement.

Report.

To amend the Accounting and Auditing Act of 1950 to require ongoing evaluations and reports on the adequacy of the systems of internal accounting and administrative control of each executive agency, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the "Federal Managers' Financial Integrity Act of 1982". SEC. 2. Section 113 of the Accounting and Auditing Act of 1950 (31 U.S.C. 66a) is amended by adding at the end thereof the following new subsection: "(d)(1)(A) To ensure compliance with the requirements of subsection (a)(3) of this section, internal accounting and administrative controls of each executive agency shall be established in accordance with standards prescribed by the Comptroller General, and shall provide reasonable assurances that— "(i) obligations and costs are in compliance with applicable law; "(ii) funds, property, and other assets are safeguarded against waste, loss, unauthorized use, or misappropriation; and "(iii) revenues and expenditures applicable to agency operations are properly recorded and accounted for to permit the preparation of accounts and reliable financial and statistical reports and to maintain accountability over the assets. "(B) The standards prescribed by the Comptroller General under this paragraph shall include standards to ensure the prompt resolution of all audit findings. "(2) By December 31, 1982, the Director of the Office of Management and Budget, in consultation with the Comptroller General, shall establish guidelines for the evaluation by agencies of their systems of internal accounting and administrative control to determine such systems' compliance with the requirements of paragraph (1) of this subsection. The Director, in consultation with the Comptroller General, may modify such guidelines from time to time as deemed necessary. "(3) By December 31, 1983, and by December 31 of each succeeding year, the head of each executive agency shall, on the basis of an evaluation conducted in accordance with guidelines prescribed under paragraph (2) of this subsection, prepare a statement— "(A) that the agency's systems of internal accounting and administrative control fully comply with the requirements of paragraph (1); or "(B) that such systems do not fully comply with such requirements. "(4) In the event that the head of an agency prepares a statement described in paragraph (3)(B), the head of such agency shall include with such statement a report in which any material weaknesses in the agency's systems of internal accounting and administrative

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 PUBLIC LAW 97-255—SEPT. 8, 1982 control are identified and the plans and schedule for correcting any such weakness are described. "(5) The statements and reports required by this subsection shall be signed by the head of each executive agency and transmitted to the President and the Congress. Such statements and reports shall also be made available to the public, except that, in the case of any such statement or report containing information which is— "(A) specifically prohibited from disclosure by any provision of law; or "(B) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs, such information shall be deleted prior to the report or statement being made available to the public". SEC. 3. Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended by adding at the end thereof the following new subsection: "(k)(1) The President shall include in the supporting detail accompanying each Budget submitted on or after January 1, 1983, a separate statement, with respect to each department and establishment, of the amounts of appropriations requested by the President for the Office of Inspector General, if any, of each such establishment or department. "(2) At the request of a committee of the Congress, additional information concerning the amount of appropriations originally requested by any office of Inspector General, shall be submitted to such committee.". SEC. 4. Section 113(b) of the Accounting and Auditing Act of 1950 (31 U.S.C. 66a(b)), is amended by adding at the end thereof the following new sentence: "Each annual statement prepared pursuant to subsection (d) of this section shall include a separate report on whether the agency's accounting system conforms to the principles, standards, and related requirements prescribed by the ODmptroller General under section 112 of this Act.". Approved September 8, 1982.

LEGISLATIVE HISTORY—H.R. 1526 (S. 864): HOUSE REPORT No. 97-38 (Comm. on Government Operations). CONGRESSIONAL RECORD: Vol. 127 (1981): May 18, considered and passed House. Vol. 128 (1982): Aug. 4, considered and passed Senate, amended. Aug. 19, House concurred in Senate amendment.

96 STAT. 815

Statements and reports, transmittal to President and Congress; availability to public.

Appropriations.

Agency's accounting system. 31 USC 66a.

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 96 STAT. 816

PUBLIC LAW 97-256—SEPT. 8, 1982 Public Law 97-256 97th Congress An Act

Sept. 8, 1982 [H.R. 3345] Patent and trademark laws and Civil Rights of Institutionalized Persons Act, amendments.

To make technical and conforming changes in the patent and trademark laws and in the Civil Rights of Institutionalized Persons Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—CHANGES IN THE PATENT AND TRADEMARK LAWS SEC. 101. Title 35 of the United States Code is amended— (1) in the first sentence of section 41(a) by striking out "of Patents"; (2)(A) in the first sentence of section 41(b) by striking out "the first day of the first fiscal year beginning on or after one calendar year after enactment of this Act" and inserting in lieu thereof "October 1, 1982"; (B) in the second sentence of section 41(b) by striking out "the first day of the first fiscal year beginning on or after one calendar year after enactment" and inserting in lieu thereof "October 1, 1982"; (3) in the first sentence of section 41(c) by striking out "the fifteenth fiscal year following the date of enactment of this Act" and inserting in lieu thereof "October 1, 1996"; (4) in the first sentence of section 41(d) by striking out "the first day of the first fiscal year beginning on or after one calendar year after enactment" and inserting in lieu thereof "October 1, 1982"; (5) by redesignating chapter 38 as chapter 18 and transferring that chapter from the end of part IV to the end of part II; (6) in the analysis of part II by inserting the following item after item 17: "18. Patent Rights in Inventions Made with Federal Assistance

200";

and (7) in the analysis of part III by inserting the following item after item 29: "30. Prior Art Citations to Office and Rexamination of Patents

301".

SEC. 102. Subsection (b) of section 6 of Public Law 96-517 (94 Stat. 3027) and the amendment made by it are repealed. SEC. 103. The first sentence of section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) is amended by striking out "of Patents". TITLE II—CHANGES IN THE CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT 42 USC 1997b.

SEC. 201. (a) That portion of section 4(a) of the Civil Rights of Institutionalized Persons Act which precedes paragraph (1) thereof is amended by striking out "section 2" and inserting in lieu thereof "section 3".

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 PUBLIC LAW 97-256—SEPT. 8, 1982

96 STAT. 817

(b) That portion of section 8 of the Civil Rights of Institutionalized Persons Act which precedes paragraph (1) thereof is amended by 42 USC 1997f. striking out "Attorney" and inserting in lieu thereof "Attorney General". Approved September 8, 1982.

LEGISLATIVE HISTORY—H.R. 3345: HOUSE REPORT No. 97-389 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 16, 18, considered and passed House. Aug. 20, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/860

 96 STAT. 818

PUBLIC LAW 97-257—SEPT. 10, 1982 Public Law 97-257 97th Congress An Act

Sept. 10, 1982 [H R 68631

Supplemental Appropriations '

Making supplemental appropriations for the fiscal year ending September 30, 1982, ^^^ ^°^ other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations for the fiscal year ending September 30, 1982, and for other purposes, namely: TITLE I CHAPTER I DEPARTMENT OF AGRICULTURE COMMODITY CREDIT CORPORATION AUTHORITY TO BORROW

15 USC 7i3a-4 and note ^^^^

As authorized by section 301 of Public Law 95-279, $5,000,000,000 ®^^^^ ^ available to the Commodity Credit Corporation for necessary expenses in carrying out its authorized programs, to remain available without regard to fiscal year limitations: Provided, That not more than $500,000,000 of this amount shall be available for export credit loans as authorized by the Charter of the Commodity Credit Corporation. CONSERVATION SOIL CONSERVATION SERVICE CONSERVATION OPERATIONS

Funds appropriated for fiscal year 1982 under this account may be used under the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-590f), for the acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100. FOOD AND NUTRITION SERVICE CHILD NUTRITION PROGRAMS

42 USC 1788.

If the funds available for Nutrition Education and Training grants authorized under section 19 of the Child Nutrition Act of 1966, as amended, require a ratable reduction in those grants, the minimum grant for each State shall be $50,000.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/861

 PUBLIC LAW 97-257—SEPT. 10, 1982

96 STAT. 819

CHAPTER II DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS PERIODIC C E N S U S E S AND PROGRAMS (DISAPPROVAL OF DEFERRAL)

The Congress disapproves $100,000 of the proposed deferral D82-225 relating to the Department of Commerce, Bureau of the Census, "Periodic censuses and programs" as set forth in the message of February 5, 1982, which was transmitted to the Congress by the President. This disapproval shall be effective upon enactment into law of this bill and the amount of the proposed deferral disapproved herein shall be made available for obligation. ECONOMIC DEVELOPMENT ADMINISTRATION ECONOMIC DEVELOPMENT REVOLVING FUND

During fiscal year 1982, and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $30,000,000. During fiscal year 1982, total commitments to guarantee loans shall not exceed $150,000,000 of contingent liability for loan principal. The unobligated balances in the Economic Development Revolving Fund shall be available for necessary expenses of protecting the Government's liability in federally guaranteed loans made prior to October 1, 1981, under the authority of title II of the Trade Act of 1974, as amended, including defaults of 19 USC 2251. loan guarantees and care and protection of collateral and such other costs as may be necessary to protect the Government's investments. INTERNATIONAL TRADE ADMINISTRATION OPERATIONS A N D ADMINISTRATION

During fiscal year 1982, and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $12,484,000. During fiscal year 1982, total commitments to guarantee loans shall not exceed $28,250,000 of contingent liability for loan principal. PARTICIPATION IN UNITED STATES EXPOSITIONS

For necessary expenses for designing, fabricating, installing and dismantling exhibits, and operating a Federal Pavilion in the Louisiana World Exposition, $10,000,000, to remain available through September 30, 1985, including not to exceed $65,000 for official entertainment of officials of other countries when specifically authorized by the Commissioner General: Provided, That no additional Federal funds shall be made available for this purpose: Provided further, That these funds shall be available only upon enactment into law of authorizing legislation.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/862

 96 STAT. 820

PUBLIC LAW 97-257—SEPT. 10, 1982 MINORITY BUSINESS DEVELOPMENT AGENCY MINORITY B U S I N E S S DEVELOPMENT (DEFERRAL)

Ante, p. 22.

Of the funds appropriated under this head in Public Law 97-161, $12,000,000 are deferred for obligation until October 1, 1982. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for "Operations, research, and facilities", $2,163,000, to remain available until expended: Provided, That of the funds appropriated under this head, $200,000 shall be for necessary expenses for research to develop life history information on the bowhead whale in high level and low level area surveys and not to exceed $50,000 shall be for implementation of the 1982 Cooperative Agreement between the National Oceanic and Atmospheric Administration and the Alaska Eskimo Whaling Commission as amended in July 1982. COASTAL ZONE MANAGEMENT (TRANSFER OF FUNDS)

For an additional amount for "Coastal zone management", $3,000,000, to be derived by transfer from repayments of principal and interest on outstanding loans in the fund entitled "Coastal Energy Impact Fund", to remain available until expended. FOREIGN FISHING OBSERVER FUND

For expenses necessary to carry out the provisions of the Fishery Conservation and Management Act of 1976, as amended (Public Law 16 USC 971b, 96-339), there are appropriated from the fees imposed under the 97lh, 97li, 1827. foreign fishing observer program authorized by that Act, not to exceed $1,000,000, to remain available until expended. PATENT AND TRADEMARK OFFICE SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $2,500,000, to remain available until expended. All appropriations under this head for fiscal year 1982 and all fees collected shall remain available until expended.

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 PUBLIC LAW 97-257—SEPT. 10, 1982

96 STAT. 821

RELATED AGENCIES DEPARTMENT OF TRANSPORTATION MARITIME ADMINISTRATION FEDERAL SHIP FINANCING FUND

During 1982, total commitments to guarantee loans shall not exceed $675,000,000 of contingent liability for loan principal.

DEPARTMENT OF THE TREASURY BUREAU OF GOVERNMENT FINANCIAL OPERATIONS FISHERMEN'S PROTECTIVE FUND

For payment to the Fishermen's Protective Fund, in accordance with section 5 of Public Law 92-569 approved October 26, 1972, 22 USC 1979. $2,000,000, to remain available until expended. SECURITIES AND EXCHANGE COMMISSION SALARIES A N D EXPENSES

For an additional amount for "Salaries and expenses", $400,000. SMALL BUSINESS ADMINISTRATION SALARIES AND EXPENSES

Of the amount appropriated for "Salaries and expenses" for fiscal year 1982, $11,200,000 shall be available only for grants for Small Business Development Centers as authorized by section 20(a) of the Small Business Act, as amended. ^^ USC 631 note. BUSINESS LOAN AND INVESTMENT FUND

During fiscal year 1982, within resources and authority available, total commitments to guarantee loans shall not exceed $3,000,000,000 of contingent liability for loan principal. (DISAPPROVAL O F DEFERRAL)

The Congress disapproves $2,500,000 of the proposed deferral D82-233A relating to the Small Business Administration, "Business Loan and Investment Fund" as set forth in the message of May 18, 1982, which was transmitted to the Congress by the President. This disapproval shall be effective upon enactment into law of this bill and the amount of the proposed deferral disapproved herein shall be made available for obligation. SURETY BOND GUARANTEES REVOLVING FUND (DISAPPROVAL OF DEFERRAL)

The Congress disapproves the proposed deferral D82-234 relating to the Small Business Administration, "Surety Bond Guarantees

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 96 STAT. 822

PUBLIC LAW 97-257—SEPT. 10, 1982 Revolving Fund" as set forth in the message of February 5, 1982, which was transmitted to the Congress by the President. This disapproval shall be effective upon enactment into law of this bill and the amount of the proposed deferral disapproved herein shall be made available for obligation. POLLUTION CONTROL EQUIPMENT CONTRACT GUARANTEE REVOLVING FUND

During fiscal year 1982, within resources and authority available, total commitments to guarantee loans shall not exceed $250,000,000 of contingent liability for loan principal. DEPARTMENT OF JUSTICE LEGAL ACTIVITIES SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES (INCLUDING TRANSFER OF FUNDS)

For an additional amount for "Salaries and expenses, general legal activities", $383,000; and in addition, $1,800,000 which shall be derived by transfer from "Salaries and expenses. Antitrust Division". SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

22 USC 3901

Amounts appropriated under this head for fiscal year 1982 may be used to pay allowances and benefits similar to those allowed under the Foreign Service Act of 1980, as determined by the Commission.

note. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS AND MARSHALS

For an additional amount for "Salaries and expenses. United States attorneys and marshals", $9,015,000, of which $500,000 shall be available only for bankruptcy trustees. SUPPORT OF UNITED STATES PRISONERS

For an additional amount for "Support of United States prisoners", $7,423,000, of which $1,600,000 is appropriated to fund fiscal year 1981 obligations in excess of amounts available: Provided, That not to exceed $3,000,000 of the current year appropriation shall be available for the purpose of renovating and equipping State and local jails that confine Federal prisoners. FEES AND EXPENSES OF WITNESSES

For an additional amount for "Fees and expenses of witnesses", $4,750,000. SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

Of the funds provided under the above heading for fiscal year 1982, not to exceed $80,290 shall be available to satisfy a settlement pursuant to the Back Pay Act (5 U.S.C. 5596 and 29 CFR 1613.217(a), 271 (a), (b), and (c)) for back wages from prior fiscal years.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/865

 PUBLIC LAW 97-257—SEPT. 10, 1982 FEDERAL BUREAU OF INVESTIGATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $4,400,000: Provided, That amounts appropriated under this head for fiscal year 1982 may be used to purchase one thousand five hundred police-type passenger motor vehicles for replacement only: Provided further. That not to exceed $5,000,000 for automated data processing and telecommunications and $600,000 for undercover operations shall be available until September 30, 1983: Provided further, That notwithstanding the provisions of title 31 U.S.C. 483(a) and 484, the Director of the Federal Bureau of Investigation may establish and collect fees to process fingerprint identification records for noncriminal employment and licensing purposes, and credit such fees to this appropriation to be used for salaries and other expenses incurred in providing these services: Provided further. That the funds available for carrying out these services shall be available only to the extent provided in advance in appropriation Acts. IMMIGRATION AND NATURALIZATION SERVICE SALARIES AND EXPENSES

From amounts appropriated under this head for fiscal year 1982, $400,000 for research and $1,821,000 for construction shall remain available until expended: Provided, That funds appropriated under this head for fiscal year 1982 may be used to purchase not to exceed five hundred ten police-type passenger motor vehicles of which four hundred thirty shall be for replacement only. DRUG ENFORCEMENT ADMINISTRATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $4,860,000: Provided, That of amounts appropriated under this head for fiscal year 1982, $1,200,000 for research shall remain available until expended and $1,700,000 for the purchase of evidence and payments for information shall remain available until September 30, 1983: Provided further. That funds appropriated under this head for fiscal year 1982 may be used to purchase not to exceed two hundred seventy-seven police-type passenger motor vehicles for replacement only. FEDERAL PRISON SYSTEM SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $130,000: Provided, That the amounts appropriated under this head for fiscal year 1982 may be used to purchase thirty-one law enforcement and passenger motor vehicles, of which twenty-seven are for replacement only. BUILDINGS AND FACILITIES

For an additional amount for "Buildings and facilities", $41,750,000, of which $1,000,000 shall be derived by transfer from

97-200 O-84-pt. 1

28: QL3

96 STAT. 823

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 96 STAT. 824

PUBLIC LAW 97-257—SEPT. 10, 1982 "Salaries and expenses, Antitrust Division", to remain available until expended: Provided, That sites for location of an alien processing facility not be excluded from consideration by the Department of Justice solely because such sites are not presently federally owned: And provided further, That the building to house aliens be constructed in a separate building from an existing Bureau of Prisons building housing Federal prisoners. FEDERAL PRISON INDUSTRIES, INCORPORATED LIMITATION ON ADMINISTRATIVE AND VOCATIONAL TRAINING EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED

Not to exceed $2,417,000 of the funds of the Corporation shall be available for its administrative expenses and not to exceed $2,983,000 shall be available for the vocational training of prisoners. OFFICE OF JUSTICE ASSISTANCE, RESEARCH AND STATISTICS RESEARCH AND STATISTICS (TRANSFER OF FUNDS)

Study, submittal to Congress.

For an additional amount for "Research and statistics", $450,000, ^Q j^g derived by transfer from "Law enforcement assistance" for a study of the victims of crime in the District of Columbia to be submitted to the Congress not later than September 30, 1983. GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

8 USC 1522 note.

Notwithstanding section 501(e)(2)(B) of Public Law 96-422, funds made available to the Department of Justice for fiscal year 1982 may be expended for assistance to Cuban-Haitian entrants as authorized under section 501(c) of said Act. DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS SALARIES A N D EXPENSES

22 USC 2680.

Notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956, for an additional amount for "Salaries and expenses", $37,978,000, of which $31,228,000 shall remain available until September 30, 1984. ACQUISITION, OPERATION, AND MAINTENANCE OF BUILDINGS ABROAD

Notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956, for an additional amount for "Acquisition, operation, and maintenance of buildings abroad", $17,655,000, to remain available until September 30, 1984. PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

Notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956, for an additional amount for "Payment to the American Institute in Taiwan", $244,000.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/867

 PUBLIC LAW 97-257—SEPT. 10, 1982

96 STAT. 825

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

Notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956, for an additional amount for "Payment to 22 USC 2680. the Foreign Service Retirement and Disability Fund", $4,615,000. INTERNATIONAL COMMISSIONS AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

Of the amount appropriated under this head for fiscal year 1982, notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956, not to exceed $95,000 for the International Joint Commission shall remain available until September 30, 1983. RELATED AGENCIES BOARD FOR INTERNATIONAL BROADCASTING GRANTS AND EXPENSES (DISAPPROVAL OF DEFERRAL)

The Congress disapproves the proposed deferral D82-248 relating to the Board for International Broadcasting, "Grants and expenses", as set forth in the message of June 2, 1982, which was transmitted to the Congress by the President. This disapproval shall be effective upon enactment into law of this bill and the amount of the proposed deferral disapproved herein shall be made available for obligation. (RESCISSION)

Of the funds appropriated for the Board for International Broadcasting, "Grants and expenses" in Public Law 97-161, $2,000,000 are Ante, p. 22. rescinded. COMMISSION ON W A R T I M E RELOCATION AND I N T E R N M E N TO F CIVILIANS SALARIES AND EXPENSES

Funds appropriated under this head in Public Law 96-536 shall 94 Stat. 3166. remain available until December 31, 1982. THE JUDICIARY COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES DEFENDER SERVICES

For an additional amount for "Defender services", $1,500,000, to remain available until expended.

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 96 STAT. 826

PUBLIC LAW 97-257—SEPT. 10, 1982 CHAPTER III DEPARTMENT OF DEFENSE-MILITARY MILITARY PERSONNEL MILITARY PERSONNEL, ARMY

For an additional amount for "Military personnel, Army", $53,700,000. MILITARY PERSONNEL, NAVY

For an additional amount for "Military personnel, Navy", $57,474,000. MILITARY PERSONNEL, MARINE CORPS

For an additional amount for "Military personnel. Marine Corps", $37,145,000. MILITARY PERSONNEL, AIR FORCE

For an additional amount for "Military personnel. Air Force", $4,500,000.^ RESERVE PERSONNEL, ARMY

For an additional amount for "Reserve personnel. Army", $9,000,000. RESERVE PERSONNEL, NAVY (TRANSFER OF FUNDS)

Funds made available for fiscal year 1982 for "Reserve personnel, Navy" may be transferred to the appropriation "Reserve personnel, Navy" for fiscal year 1979, in an additional amount of $300,000, for a total not to exceed $400,000 to liquidate obligations incurred and chargeable to that account. RESERVE PERSONNEL, MARINE CORPS

For an additional amount for "Reserve personnel. Marine Corps", $2,000,000. RESERVE PERSONNEL, AIR FORCE

For an additional amount for "Reserve personnel, Air Force", $3,650,000. NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for "National Guard personnel. Army", $9,600,000. NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for "National Guard personnel, Air Force", $2,000,000.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/869

 PUBLIC LAW 97-257—SEPT. 10, 1982 RETIRED MILITARY PERSONNEL RETIRED PAY, DEFENSE

For an additional amount for "Retired pay. Defense", $47,685,000. OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY (INCLUDING TRANSFER OF FUNDS)

For an additional amount for "Operation and maintenance, Army",- $4,300,000; and in addition, $23,500,000 of which $5,700,000 shall be derived by transfer from "Missile procurement. Army 1982/1984", $6,300,000 shall be derived by transfer from "Procurement of weapons and tracked combat vehicles. Army, 1982/1984", $1,500,000 shall be derived by transfer from "Procurement of ammunition. Army, 1982/1984", and $10,000,000 shall be derived by transfer from "Other procurement. Army, 1982/1984". OPERATION AND MAINTENANCE, NAVY (INCLUDING TRANSFER OF FUNDS)

For an additional amount for "Operation and maintenance, Navy", $117,400,000 of which $19,600,000 shall be derived by transfer from "Research, development, test, and evaluation, Navy, 1982/1983", $71,100,000 shall be derived by transfer from "Aircraft procurement. Navy, 1982/1984", $7,500,000 shall be derived by transfer from "Weapons procurement, Navy, 1982/1984", and $19,200,000 shall be derived by transfer from "Other procurement. Navy, 1982/1984"; and in addition, $43,641,000 for liquidation of contract authority in "Operation and maintenance, Navy" for fiscal year 1980. OPERATION AND MAINTENANCE, MARINE CORPS (INCLUDING TRANSFER OF FUNDS)

For an additional amount for "Operation and maintenance, Marine Corps", $4,800,000; and in addition, $2,000,000 which shall be derived by transfer from "Procurement, Marine Corps, 1982/1984". OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for "Operation and maintenance, Air Force", $23,000,000. OPERATION AND MAINTENANCE, DEFENSE AGENCIES

For an additional amount for "Operation and maintenance, Defense Agencies", $25,800,000. OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for "Operation and maintenance, Army Reserve", $800,000.

96 STAT. 827

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 96 STAT. 828

PUBLIC LAW 97-257—SEPT. 10, 1982 OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for "Operation and maintenance. Navy Reserve", $200,000. OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for "Operation and maintenance. Air Force Reserve", $600,000. OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for "Operation and maintenance. Army National Guard", $1,500,000. OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for "Operation and maintenance. Air National Guard", $1,400,000. PROCUREMENT AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for "Aircraft procurement. Air Force", $120,000,000, to remain available until September 30, 1984, only for the purchase of two new KC-10 aircraft or for fully funding the purchase and modification of an appropriate number of used DC-10 aircraft to the KC-10 configuration. OTHER PROCUREMENT, AIR FORCE

For an additional amount for "Other procurement. Air Force", $19,700,000, to remain available until September 30, 1984. PROCUREMENT, DEFENSE AGENCIES

For an additional amount for "Procurement, defense agencies", $6,500,000, to remain available until September 30, 1984. ADMINISTRATIVE PROVISIONS

95 Stat. 1583. 95 Stat. 1586.

The limitation contained in section 728 of the Department of Defense Appropriation Act, 1982, is increased to $8,000,000. The limitation contained in section 747 of the Department of Defense Appropriation Act, 1982, is increased to $31,000,000. Appropriations or funds available to the Department of Defense may be transferred to fiscal year 1982 Department of Defense appropriations for Research, development, test, and evaluation to the extent necessary to meet increased pay costs authorized by or pursuant to law. All obligations incurred in anticipation of the appropriations and authority provided in this Act by the Department of Defense for pay and allowances for military personnel are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act. None of the funds available to the Department of Defense during the current fiscal year shall be used by the Secretary of a military department to purchase coal or coke from foreign nations for use at

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