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 PUBLIC LAW 97-214—JULY 12, 1982 maintenance, and disposal of military family housing, including the cost of principal and interest charges, and insurance premiums, arising in connection with the acquisition of such housing, and mortgage insurance premiums payable under section 222(c) of the National Housing Act (12 U.S.C. 1715m(c)); "(2) proceeds from the rental of family housing and mobile home facilities under the control of a military department, reimbursements from the occupants of such facilities for services rendered (including utility costs), funds obtained from individuals as a result of losses, damages, or destruction to such facilities caused by the abuse or negligence of such individuals, and reimbursements from other Government agencies for expenditures from the account; and "(3) proceeds of the handling and the disposal of family housing of a military department (including related land and improvements), whether carried out by a military department or any other FedersJ agency, but less those expenses payable pursuant to section 204(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(b)). "(c) Amounts in the account shall remain available until spent. "(d) The Secretary concerned may make obligations against the account, in such amounts as may be specified from time to time in appropriation Acts, for the purpose of defraying, in the manner and to the extent authorized by law, the costs referred to in subsection (b). "§ 2832. Homeowners assistance program "The Secretary of Defense may exercise the authority provided in section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374). "SUBCHAPTER III—ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING "Sec. "2851. "2852. "2853. "2854. "2855.

Supervision of military construction projects. Military construction projects: waiver of certain restrictions. Authorized cost variations. Restoration or replacement of damaged or destroyed facilities. Law applicable to contracts for architectural and engineering services and construction design. "2856. Limitations on barracks space by pay grade. "2857. Use of solar energy systems. "2858. Limitation on the use of funds for expediting a construction project. "2859. Transmission of annual military construction authorization request. "2860. Availability of appropriations for five years. "2861. Annual report to Congress.

"§ 2851. Supervision of military construction projects "(a) Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of the Secretary of the Army (acting through the Chief of Engineers), the Secretary of the Navy (acting through the Commander of the Naval Facilities Engineering Command), or such other department or Government agency as the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective completion of the project.

96 STAT. 163

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 96 STAT. 164

PUBLIC LAW 97-214—JULY 12, 1982 "(b) A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense. "(a) The Secretary of Defense and^the Secretaries of the military departments may carry out authorized military construction projects and authorized military family housing projects without regard to section 3648 of the Revised Statutes (31 U.S.C. 529). "(b) Authority to carry out a military construction project or a military family housing project on land not owned by the United States may be exercised (1) before title to the land on which the project is to be carried out is approved under section 355 of the Revised Statutes (40 U.S.C. 255), and (2) even though the land is held temporarily. "§ 2853. Authorized cost variations "(a)(1) Except as provided in paragraph (2), the cost authorized for a military construction project (other than a project for which the approved amount is less than the amount specified by law as the maximum amount for a minor military construction project) may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress. "(2) A military construction project (other than a project for which the approved amount is less than the amount speciHed by law as the maximum amount for a minor military construction project) may not be placed under contract if, based upon bids received— "(A) the scope of work for the project, as approved by Congress, is proposed to be reduced by more than 25 percent; or "(B) the current working estimate of the cost of the project exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, until subsection (d) is complied with. "(b) If the amount approved for a project is less than the amount specified by law as the maximum amount for a minor military construction project, that approved amount may be increased to more than such maximum amount if the Secretary concerned determines (1) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (2) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved. However, if, based upon bids received, the current working estimate of the cost of such a project is more than such maximum amount and is more than 125 percent of the original approved amount for the project, the project may not be placed under contract until subsection (d) is complied with.
 * '§ 2852. Military construction projects: waiver of certain restrictions

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 PUBLIC LAW 97-214—JULY 12, 1982 "(c) The amount authorized by law for the cost of authorized construction and acquisition of a military family housing project may be increased above the amount appropriated for such project if the Secretary determines (1) that the increase is required for the sole purpose of meeting unforeseen variations in cost, and (2) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress. However, such amount may not be increased by more than 25 percent until subsection (d) is complied with. "(d) The limitation on reduction in scope of work in subsection (a), and the limitations on cost increases in subsections (a), (b), and (c), do not apply if^ "(1) the reduction in scope of work or the increase in cost, as the case may be, is approved by the Secretary concerned; "(2) a written notification of the facts relating to the proposed reduced scope of work or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the appropriate committees of Congress; and "(3) either 21 days have elapsed from the date of the submission of the notification under clause (2) or each of the appropriate committees of Congress has indicated approval of the proposed reduced scope of work or increased cost. "(e) After a contract for a project has been entered into, the Secretary concerned may carry out such project in an amount above the amount appropriated for such project by Congress in order to meet the costs of change orders or contractor claims. In the case of a contract to be carried out above the amount appropriated for which there has not been a cost variation under subsection (a), (b), (c), or (d), the Secretary concerned shall promptly report to the appropriate committees of Congress on the revised cost for the project and the reasons for the revised cost if the total cost under the contract exceeds the amount appropriated for the project by more than 25 percent. In the case of a contract to be carried out above the amount appropriated for which there has been a cost variation under subsection (a), (b), (c), or (d), the Secretary concerned shall promptly report to the appropriate committees of Congress on the revised cost for the project and the reasons for the revised cost, regardless of the amount by which the revised cost exceeds the amount approved for the project by the modification under subsection (a), (b), (c), or (d). facilities "(a) Subject to subsection (b), the Secretary concerned may repair, restore, or replace a facility under his jurisdiction, including a family housing facility, that has been damaged or destroyed. "(b) When a decision is made to carry out construction under this section and the cost of the repair, restoration, or replacement is greater than the msiximum amount for a minor construction project, the Secretary concerned shall notify in writing the appropriate committees of Congress of that decision, of the justification for the project, of the current estimate of the cost of the project, of the source of funds for the project, and of the justification for carrsdng out the project under this section. The project may then be carried out only (1) after the end of the 21-day period beginning on the date the notification is received by such committees, or (2) after each such committee has approved the project, if the committees approve the project before the end of that period.
 * '§2854. Restoration or replacement of damaged or destroyed

96 STAT. 165

Reports to congressional committees.

Notification of congressional committees.

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PUBLIC LAW 97-214—JULY 12, 1982 "Contracts for architectural and engineering services and construction design in connection with a military construction project or a military femily housing project shall be awarded in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
 * '§2855. Law applicable to contracts for architectural and engineering services and construction design

Regulations.

Submittal to congressional committees.

"§ 2856. Limitations on barracks space by pay grade "(a) The Secretary of Defense shall prescribe regulations establishing the maximum allowable net square feet per occupant for new permanent barracks construction. Such regulations shall be uniform for the armed forces under the jurisdiction of the Secretary of a military department. "(b) Before taking effect, any regulations under this section, and any modifications to such regulations, shall be submitted to the appropriate committees of Congress. Such regulations (including any modifications to such regulations) may not then take effect until 21 days after being received by such committees. "§ 2857. Use of solar energy systems "(a) The Secretary of Defense shall encourage the use of solar energy systems as a source of energy for military construction projects (including military family housing projects) where use of solar energy would be practical and economically feasible. "(b)(1) The Secretary concerned shall require that the design of all new facilities (including family housing) shall include consideration of solar energy systems in those cases in which use of solar energy has the potential for significant savings of fossil-fuel-derived energy. "(2) The Secretary concerned shall require that contracts for construction resulting from such design include a requirement that solar energy systems be installed if such systems can be shown to be cost effective. "(c)(1) For the purposes of this section, a solar energy system for a facility shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system for the facility with a solar energy system, and (B) the original investment cost of the energy system for the facility without a solar energy system can be recovered over the expected life of the facility. "(2) A determination under paragraph (1) of whether a costdifferential can be recovered over the expected life of a facility shall be made using accepted life-cycle costing procedures and shall include— "(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system with and without a solar energy system over the expected life of the facility or during a period of 25 years, whichever is shorter; "(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and "(C) the use of a discount rate of 7 percent per year for all expenses of the energy system. "(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the solar energy system shall be reduced by 10 percent to reflect an allowance for an investment cost credit.

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96 STAT. 167

"(d) In order to equip a militar)^ construction project (including a military family housing project) with solar heating equipment, solar cooling equipment, or both solar heating and solar cooling equipment, or with a passive solar energy system, the Secretary concerned may authorize an increase in any otherwise applicable limitation with respect to the number of square feet or the cost per square foot of the project by such amount as may be necessary for such purpose. Any such increase under this subsection shall be in addition to any other administrative increase in cost per square foot or variation in floor area authorized by law. "Funds appropriated for military construction (including military family housing) may not be expended for additional costs involved in expediting a construction project unless the Secretary concerned (1) certifies that expenditures for such costs are necessary to protect the national interest, and (2) establishes a reasonable completion date for the project. In establishing such a completion date, the Secretary shall take into consideration the urgency of the requirement for completion of the project, the type and location of the project, the climatic and seasonal conditions affecting the construction involved, and the application of economical construction practices. "§ 2859. Transmission of annual military construction authorization request "The Secretary of Defense shall transmit to Congress the annual request for military construction authorization for a fiscal year during the first 10 days after the President transmits to Congress the Budget for that fiscal year pursuant to section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11). "(a) Subject to the provisions of appropriation Acts and except as otherwise provided under subsection Ob), any funds appropriated to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were appropriated if the funds obligated for such project (1) are obligated from funds available for military construction projects, and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. "(b) Should a requirement develop to obligate funds for a military Notification to construction project after the end of the fourth fiscal year after the ^°^^^®^fi°"^^ committees. fiscal year for which such funds were appropriated, such obligation """""' may be made after the end of the 21-day period beginning on the date on which the appropriate committees of Congress receive notification of the need for such obligation and the reasons therefor. "§ 2861. Annual report to Congress "(a) The Secretary of Defense shall submit a report to the appropriate committees of Congress each year with respect to military construction activities and military family housing activities. Each such report shall be submitted at the same time that the annual request for military construction authorization is submitted for that
 * § 2858. Limitation on the use of funds for expediting a construction project
 * § 2860. Availability of appropriations for five years

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 96 STAT. 168

Ante, p. 155.

Ante, p. 156.

Ante, p. 156.

Ante, p. 163.

Ante, p. 164.

Ante, p. 167.

PUBLIC LAW 97-214—JULY 12, 1982 year. Except where otherwise provided in this section, information required by this section to be provided in the report shall be provided for the two most recent fiscal years and for the fiscal year for which the budget request is made. "(b) Each report under subsection (a) shall include the following: "(1) A statement of the construction status and a fiscal summary of the military construction projects undertaken under, and the amounts authorized and appropriated for, contingency Construction under section 2804 of this title. "(2) Information to enable the committees to evaluate the relationships between budget requests for appropriations for unspecified minor construction projects under section 2805 of this title and obligations of appropriated funds for projects under such section. Such information shall include comparisons of budget requests and obligations using military construction appropriations and using operations and maintenance appropriations, maintenance and repair backlog, and obligations for maintenance and repair. "(3) Information to enable the committees to monitor trends in construction started using funds contributed by the United States under section 2806 of this title to the North Atlantic Treaty Organization Infrastructure program and the status of recoupments under that program. "(4) Information to enable the committees to evaluate trends in contracting for architect and engineering services and construction design, and trends in accomplishing design of construction projects by Government employees, under the authority of section 2807 of this title. "(5) Information to enable the committees to evaluate trends in supervision, inspection, and overhead costs for the dollar amount of military construction accomplished during a fiscal year by a military construction department or agency under the authority of section 2851 of this title. "(6) A summary of military construction projects (other than a military construction project for an amount less than the amount specified by law as the maximum amount for a minor military construction project) placed under contract during the preceding fiscal year with respect to which a cost variation or scope reduction report was supplied to the appropriate committees of Congress under section 2853 of this title. There shall also be included an analysis to indicate whether the cost variation was the result of a lack of competition, quality of plans and specifications, or quality of budget estimates, or of other factors. "(7) Information to enable the committees to evaluate the use of the authority provided under section 2858 to expedite a military construction project when such expediting is required to protect the national interest. "(8) Information in sufficient detail to enable the committees to monitor trends in design, construction, performance goals, and progress. "(9) With respect to each contract awarded during the preceding fiscal year on other than a competitive basis to the lowest responsible bidder, the name of the contractor, the original amount of the contract, and the reason for the award of the contract on other than a competitive basis.".

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 PUBLIC LAW 97-214—JULY 12, 1982

96 STAT. 169

(b) The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of title 10, United States Code, are amended by adding at the end thereof the following: "169. Military Construction and Military Family Housing

2801",

AMENDMENTS RELATING TO FACILITIES FOR RESERVE COMPONENTS

SEC. 3. (a) Subsection (f) of section 2233 of title 10, United States Code, is amended to read as follows: "(f)(1) Authority provided by law to construct, expand, rehabilitate, convert, or equip any facility under this section includes authority to expend funds for surveys, administration, overhead, planning, and supervision incident to any such activity. "(2) Authority to acquire real property under this section includes authority to make surveys and to acquire interests in land (including temporary interests) by purchase, gift, exchange of Governmentowned land, or otherwise.'. (b)(1) Chapter 133 of such title is amended by adding at the end thereof the following new section:

Real property, acquisition.

"(a) The Secretary of Defense and the Secretary of each military department may make expenditures and contributions under section 2233 of this title without regard to section 3648 of the Revised Statutes (31 U.S.C. 529). "(b) Authority provided by law to place permanent or temporary improvements on lands under section 2233 of this title may be exercised (1) before title to the land on which the improvement is located (or is to be located) is approved under section 355 of the Revised Statutes (40 U.S.C. 255), and (2) even though the land is held temporarily.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2239. Waiver of certain restrictions.".
 * '§ 2239. Waiver of certain restrictions

(c)(1) Section 2233a of such title is amended to read as follows: "§ 2233a. Limitation on certain projects; authority to carry out small projects with operation and maintenance funds "(a)(1) Except as provided in paragraph (2), an expenditure or contribution in an amount in excess of $200,000 may not be made under section 2233 of this title for any facility until the Secretary of Defense has notified the Committees on Armed Services and on Appropriations of the Senate and House of Representatives of the location, nature, and estimated cost of the facility and a period of 21 days has passed after receipt of such notification. "(2) Paragraph (1) does not apply to expenditures or contributions for the following: "(A) Facilities acquired by lease. "(B) A project for a facility that has been authorized by Congress, if the location and purpose of the facility are the same as when authorized and if, based upon bids received— "(i) the scope of work of the project, as approved by Congress, is not proposed to be reduced by more than 25 percent; and "(ii) the current working estimate of the cost of the project does not exceed the amount approved for the project

Notification to congressional committees. 10 USC 2233.

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 96 STAT. 170

10 USC 2233.

PUBLIC LAW 97-214—JULY 12, 1982 by more than (I) 25 percent, or (II) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser. "(b) Under such regulations as the Secretary of Defense may prescribe, a project authorized under section 2233(a) of this title that costs $50,000 or less may be carried out with funds available for operations and maintenance.". (2) The item relating to such section in the table of sections at the beginning of such chapter is amended to read as follows: "2233a. Limitation on certain projects; authority to carry out small projects with operation and maintenance funds.".

10 USC 2232. "State."

10 USC 2233, 2236, 2237.

10 USC 2238.

(d)(1) Clause (1) of section 2232 of such title is amended to read as follows: "(1) 'State' means any of the States of the United States, the District of Columbia, the Commonwealth of P u e r to Rico, and each territory and possession of the United States and includes political subdivisions and military u n i t s thereof and tax-supported agencies therein.". (2) Sections 2233(a)(2), 2233(a)(3), 2233(a)(4), 2233(a)(6), 2236(c), 2236(d), and 2237(b) of such title a r e amended by striking out "or Territory, P u e r to Rico, or the District of Columbia".

(3) Subsections (a) and (b) of section 2236 of such title are amended by striking out "or Territory, Puerto Rico, or the District of Columbia whichever is concerned (4) Section 2238 of such title is amended by striking out "or Territory" and all that follows and inserting in lieu thereof "or, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia.". (e)(1) Clause (5) of section 2233(a) of such title is amended to read as follows: "(5) contribute to any State amounts for the acquisition, construction, expansion, rehabilitation, and conversion by such State of such additional facilities as the Secretary determines to be required because of the failure of existing facilities to meet the purposes of this chapter; and". (2) Section 2236(b) of such title is amended by inserting "or (5)" after "2233(a)(4)". REQUIREMENT FOR CERTAIN NEW ANNUAL AUTHORIZATIONS OF APPROPRIATIONS RELATING TO MILITARY CONSTRUCTION

^A"T?'OP. ooo;

10 USC 2231 et seq.

Ante, pp. 157, loo.

SEC. 4. Section 138(fKl) of title 10, United States Code, is amended by striking out " b u t excludes" and all that follows and inserting in lieu thereof the following: ", any activity to which section 2807 of ^^^s title applies, any activity to which chapter 133 of t h i s title applies, and advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23. Such term does not include any activity to which section 2821 or 2854 of this title applies.". ACQUISITION OF REAL PROPERTY; COST VARIATIONS

SEC. 5. Section 2676 of title 10, United States Code, is amended— (1) by inserting "(a)" before "No military department"; and (2) by adding at the end the following:

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96 STAT. 171

"(b) Authority provided the Secretary of a military department by law to acquire an interest in real property (including a temporary interest) includes authority— "(1) to make surveys; and "(2) to acquire the interest in real property by gift, purchase, exchange of real property owned by the United States, or otherwise. "(c)(1) Except as provided in paragraph (2), the cost authorized for a land acquisition project may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress. "(2) A land acquisition project may not be placed under contract if, based upon the agreed price for the land— "(A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or "(B) the agreed price for the land exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, until subsection (d) is complied with. "(d) The limitations on reduction in scope or increase in cost of a land acquisition in subsection (c) do not apply if the reduction in scope or the increase in cost, as the case may be, is approved by the Secretary concerned and a written notification of the facts relating to the proposed reduced scope or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the appropriate committees of Congress. A contract for the acquisition may then be awarded only (1) after a period of 21 days elapses from the date the notification is received by the committees, or (2) upon the approval of those committees, if before the end of that period each such committee approves the proposed reduced scope or increased cost.".

Cost increase; limitation.

Notification of congressional committees.

CODIFICATION OF OTHER PERMANENT PROVISIONS OF LAW

SEC. 6. (a)(1) Chapter 141 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§2394. Contracts for energy or fuel for military installations "(a) Subject to subsection (c), the Secretary of a military department may enter into contracts for periods of up to 30 years— "(1) under section 2689 of this title; and "(2) for the provision and operation of energy production facilities on real property under the Secretary's jurisdiction or on private property and the purchase of energy produced from such facilities. "(b) A contract may be made under subsection (a) only— "(1) after the approval of the proposed contract by the Secretary of Defense; and
 * (2) after the Committees on Armed Services and on Appropriations of the Senate and House of Representatives have been

Post, p. 173.

Notification to congressional committees.

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 96 STAT. 172

PUBLIC LAW 97-214—JULY 12, 1982 notified of the terms of the proposed contract, including the dollar amount of the contract and the amount of energy or fuel to be delivered to the Government under the contract. "(d) The costs of contracts under this section for any year may be paid from annual appropriations for that year.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2394. Contracts for energy or fuel for military installations.".

(b)(1) Chapter 153 of title 10, United States Code, is amended by adding at the end thereof the following new section: Regulations.

Limitation.

Transfer of funds.

"(a)(1) The Secretary of Defense shall prescribe regulations to provide for the sale of recyclable materials held by a military department or defense £^ency and for the operation of recycling programs at military installations. Such regulations shall include procedures for the designation by the Secretary of a military department (or by the Secretary of Defense with respect to facilities of a defense agency) of military installations that have established a qualifying recycling program for the puposes of subsection (b)(2). "(2) Any sale of recyclable materials by the Secretary of Defense or Secretary of a military department shall be in accordance with the procedures in section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484) for the sale of surplus property. "(b)(i) Proceeds from the sale of recyclable materials at an installation shall be credited to funds available for operations and maintenance at that installation in amounts sufficient to cover the costs of operations, maintenance, and overhead for processing recyclable materials at the installation (including the cost of any equipment purchased for recycling purposes). "(2) If after such funds are credited a balance remains available to a military installation and such installation has a qualifying recycling program (as determined by the Secretary of the military department concerned or the Secretary of Defense), not more than 50 percent of that balance may be used at the installation for projects for pollution abatement, energy conservation, and occupational safety and health activities. A project may not be carried out under the preceding sentence for an amount greater than 50 percent of the amount established by law as the maximum amount for a minor construction project, "(3) The remaining balance available to a military installation may be transferred to the nonappropriated morale and welfare account of the installation to be used for any morale or welfare activity. "(c) If the balance available to a military installation under this section at the end of any fiscal year is in excess of $2,000,000, the amount of that excess shall be covered into the Treasury as miscellaneous receipts.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2577. Disposiil of recyclable materials.".
 * § 2577. Disposal of recyclable materials

(c)(1) Chapter 159 of title 10, United States Code, is amended by adding at the end thereof the following new sections:

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96 STAT. 173

"The Secretary of a military department may develop, or authorize the development of, any geothermal energy resource within lands under the Secretary's jurisdiction, including public lands, for the use or benefit of the Department of Defense if that development is in the public interest, as determined by the Secretary concerned, and will not deter commercial development and use of other portions of such resource if offered for leasing. "§ 2690. Restriction on fuel sources for new heating systems "(a) Except as provided in subsection (b), a new heating system that requires a heat input rate of fifty million British thermal units per hour or more and that uses oil or gas (or a derivative of oil or gas) as fuel may not be constructed on lands under the jurisdiction of a military department. "(b) The Secretary of the military department concerned may Waiver. waive the provisions of subsection (a) in rare and unusual cases, but such a waiver may not become effective until after the Secretary has notified the appropriate committees of Congress in writing of the waiver. "(c) The Secretary of the military department concerned may not provide service for a new heating system in increments in order to avoid the prohibition contained in subsection (a).". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new items: "2689. Development of sources of energy on or for military installations. "2690. Restriction on fuel sources for new heating systems.". REPEALER
 * § 2689. Development of geothermal energy on military lands

SEC. 7. The following provisions of law are repealed: (1) Sections 2212, 2661, 2673, 2674, 2678, 2681, 2684, 2686, 2688, 4774, and 9774 of title 10, United States Code. (2) Section 504 of the Act entitled "An Act to authorize certain construction at military and naval installations, and for other purposes", approved September 28, 1951 (31 U.S.C. 723). (3) Sections 103 and 406(a) of the Act entitled "An Act to authorize certain construction at military installations, and for other purposes", approved August 30, 1957 (42 U.S.C. 1594h and 1594i). (4) Section 420 of the Military Construction Act of 1959 7 USC 1704b. (Public Law 86-149; 73 Stat. 324). (5) Sections 501, 503, and 507 of the Act entitled "An Act to authorize certain construction at military installations, and for other purposes", approved July 27, 1962 (42 U.S.C. 1594a-l, 1594h-l, and 1594a-2). (6) Section 507 of the Military Construction Authorization Act. 1964 (42 U.S.C. 1594k). (7) Sections 610 and 611 of the Military Construction Authori- 10 USC 1077 note, 2662 note. zation Act, 1966 (Public Law 89-188; 79 Stat. 818). (8) Sections 610 and 612 of the Military Construction Authorization Act, 1967 (Public Law 89-568; 50 U.S.C. App. 2287; 31 U.S.C. 723a). (9) Section 61(Ka) of the Military Construction Authorization Act, 1968 (42 U.S.C. 1594h-2).

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 96 STAT. 174

30 USC 1002a note. 42 USC 1594h-3. 10 USC 140 note.

PUBLIC LAW 97-214—JULY 12, 1982 (10) Section 807 of the Military Construction Authorization Act, 1969 (Public Law 90-408; 82 Stat. 392). (11) Section 512 of the Military Construction Authorization Act, 1970 (Public Law 91-142; 83 Stat. 313). (12) Section 508 of the Military Construction Authorization Act, 1971 (Public Law 91-511; 84 Stat. 1220). (13) Section 508 of the Military Construction Authorization Act, 1973 (42 U.S.C. 1594J-1). (14) Sections 509 and 612 of the Military Construction Authorization Act, 1975 (Public Law 93-552; 88 Stat. 1759, 1765). (15) Section 613 of the Military Construction Authorization Act, 1978 (Public Law 95-82; 91 Stat. 380). (16) Section 803 of the Military Construction Authorization Act, 1979 (Public Law 95-356; 30 U.S.C. 1002a). (17) Sections 505 and 808 of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1765, 1778). (18) Section 903 of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1382). AMENDMENTS TO SECTION OF TITLE 10 GOVERNING LEASES IN FOREIGN COUNTRIES

SEC. 8. (a) Subsection (a) of section 2675 of title 10, United States Code, is amended to read as follows: "(a) The Secretary of a military department may acquire by lease in foreign countries structures and real property relating to structures that are needed for military purposes other than for military family housing. A lease under this section may be for a period of up to five years, and the rental for each yearly period may be paid from funds appropriated to that military department for that year.". (b) Subsection (b) of such section is amended— (1) by striking out "or any other provision of law"; and (2) by striking out ", family housing facilities,". (c) Subsections (c) and (d) of such section are repealed. SAVINGS PROVISIONS 7 USC 1704c.

42 USC 1594k note.

SEC. 9. (a) The Secretary of Defense shall pay to the Commodity Credit Corporation an amount not to exceed $6,000,000 per year until the amount due for foreign currencies used for housing constructed or acquired under title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721-1726) has been liquidated. (b) The Secretary of Defense may continue in effect any agreement guaranteeing rental returns to builders or other sponsors of family housing in foreign countries that was made under section 507 of the Military Construction Authorization Act, 1964 (42 U.S.C. 1594k), before the effective date of this Act and may exercise any option of the United States in any such agreement that has not been exercised before such date. TECHNICAL AND CLERICAL AMENDMENTS

Ante, p. 173.

SEC. 10. (a)(1) The table of sections at the beginning of chapter 131 of title 10, United States Code, is amended by striking out the item relating to section 2212.

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96 STAT. 175

(2) Section 2233(e) of such title is amended by striking out lo use 2233. "advance planning, construction design, and architectural services" and inserting in lieu thereof "architectural and engineering services and construction design". (3) Section 2388(c) of title 10, United States Code, is amended by striking out "section 4774(d) or 9774(d) of this title, section 529 of title 31, or section 259 or 267 of title 40," and inserting in lieu thereof "section 3648 of the Revised Statutes (31 U.S.C. 529)^'. (4) The table of sections at the beginning of chapter 159 of such title is amended by striking out the items relating to sections 2661, ^^te, p. 173. 2673, 2674, 2678, 2681, 2684, 2686, and 2688. (5)(A) Section 2677 of such title is amended by striking out "per lo use 2677. centum" in subsection (b) and inserting in lieu thereof "percent". (B) The heading of such section is amended to read as follows: "§2677. Options: property required for military construction projects" (C) The item relating to such section in the table of sections at the beginning of chapter 159 of such title is amended to read as follows: "2677. Options: property required for military construction projects.".

(6) Section 2775(c) of such title is amended by striking out 10 USC 2775. "family" and all that follows through "1594a-l)" and inserting in lieu thereof "Military Family Housing Management Account proAnte, p. 162. vided for in section 2831 of this title". (7) Section 2682 of such title is amended by striking out "construc- 10 USC 2682. tion" and all that follows through "extension" and inserting in lieu thereof "maintenance and repair". (8) Section 2687(d)(l) of such title is amended by striking out the 10 USC 2687. matter preceding clause (A) and inserting in lieu thereof the following: "(1) 'Military installation' means a base, camp, post, station, "Military instalyard, center, or other activity under the jurisdiction of the lation." Secretary of a military department—". (9)(A) The table of sections at the beginning of chapter 449 of such title is amended by striking out the item relating to section 4774. Ante, p. 173. (B) The table of sections at the beginning of chapter 949 of such title is amended by strildng out the item relating to section 9774, Ante, p. 173. (b)(1) Section 305(a) of the Defense Housing and Community Facilities and Services Act of 1951 (42 U.S.C. 1592d(a)) is amended by striking out "sections 1136 and" and inserting in lieu thereof "section". (2) Section 402(7) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5042(7)) is amended by striking out "(without regard to the provisions of section 4774(d) of title 10, United States Code),". (3) Section 3 of the Act entitled "An Act to assist in the internal development of the Virgin Islands by the undertaking of useful projects therein, and for other purposes", approved December 20, 58 Stat. 829. 1944 (48 U.S.C. 1409b), is amended— s e 1409b (A) by striking out "secs. 1136, as amended, and" and insert- 48 u note. and ing in lieu thereof "section"; and (B) by striking out "sections 355, as amended, and 1136, as amended," and inserting in lieu thereof "section 355". (4) The Act entitled "An Act to authorize the Secretary of the Air Force to establish land-based air warning and control installations for the national security, and for other purposes", approved March ^^ f^h }l:, 30, 1949 (50 U.S.C. 491), is amended by striking out "sections 1136, ^ote

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 96 STAT. 176

PUBLIC LAW 97-214—JULY 12, 1982 3648, 3734, Revised Statutes" and inserting in lieu thereof "section 3648 of the Revised Statutes (31 U.S.C. 529)". (5) Section 40 of the Act of August 10, 1956 (31 U.S.C. 649c), is amended by striking out "and the construction of public works". INITIAL ESTABLISHMENT OF CERTAIN AMOUNTS REQUIRED TO BE SPECIFIED BY LAW

10 USC 2828 ^°^-

Ante, p. 155.

Ante, p. 156. Ante, p. 159. Ante, p. 161.

SEC. 11. During the period beginning on October 1, 1982, and ending on the date of the enactment of the Military Construction Authorization Act for fiscal year 1984 or October 1, 1983, whichever is later, the following amounts apply: (1) The maximum amount for an unspecified minor military construction project under section 2805 of title 10, United States Codo, i s $1,000,000.

(2) The amount of a contract for architectural and engineering services or construction design that makes such a contract subject to the reporting requirement under section 2807 of title 10, United States Code, is $300,000. (3) The maximum amount per unit for an improvement project for family housing units under section 2825 of title 10, United States Code, is $30,000. (4) The meiximum annual rental for a family housing unit leased in the United States, Puerto Rico, or Guam under section 2828(b) of title 10, United States Code, is $6,000. (5)(A) The maximum annual rental for a family housing unit leased in a foreign country under section 2828(c) of title 10, United States Code, is $16,800. (B) The maximum number of family housing units that may be leased at any one time in foreign countries under section 2828(c) of title 10, United States Code, is 29,000. (6) The maximum rental per year for family housing facilities, or for real property related to family housing facilities, leased in a foreign country under section 2828(f) of title 10, United States Code, is $250,000. EFFECTIVE DATE

10 USC 2801 note.

SEC. 12. (a) Except as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 1982, and shall apply to military construction projects, and to construction and acquisition of military family housing, authorized before, on, or after such date.

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(b) The amendment made by section 4 shall apply with respect to Ante, p. 170. funds appropriated for fiscal years beginning after September 30, 1983. Approved July 12, 1982.

LEGISLATIVE HISTORY—H.R. 6451 (S. 2645): HOUSE REPORT No. 97-612 (Comm. on Armed Services). SENATE REPORT No. 97-474 accompanying S. 2645 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 128 (1982): June 21, considered and passed House. June 30, considered and passed Senate.

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 96 STAT. 178

PUBLIC LAW 97-215—JULY 13, 1982 Public Law 97-215 97th Congress An Act

July 13, 1982 [H.R. 6198]

Copyright law, amendment.

ip^ amend the manufacturing clause of the copyright law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 601(a) ^f chapter 6 of title 17 of the United States Code is amended by striking out "1982" and inserting in lieu thereof "1986". WILLIAM H. NATCHER

Speaker Pro Tempore. GEORGE BUSH

Vice President of the United States and President of the Senate. IN THE HOUSE OF REPRESENTATIVES, U.S., July IS, 1982. The House of Representatives having proceeded to reconsider the bill (H.R. 6198) entitled "An Act to amend the manufacturing clause of the copyright law", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. EDMUND L. HENSHAW, J R.

Clerk. By W. Raymond Colley Deputy Clerk. I certify that this Act originated in the House of Representatives. EDMUND L. HENSHAW, J R.

Clerk. By Thomas E. Ladd Assistant to the Clerk. IN THE SENATE OF THE UNITED STATES, July 13 (legislative day, July 12), 1982. The Senate having proceeded to reconsider the bill (H.R. 6198) entitled "An Act to amend the manufacturing clause of the copyright law", returned by the President of the United States with his

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96 STAT. 179

objections, to the House of Representatives, in which it originated, and passed by the House of Representatives on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: WILLIAM F. HILDENBRAND

Secretary.

LEGISLATIVE HISTORY—H.R. 6198 (S. 1880): HOUSE REPORTS: No. 97-575, Pt. 1 (Comm. on the Judiciary) and Pt. 2, (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 128 (1982): June 14, 15, considered and passed House. June 30, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 27 (1982): July 8, Presidential veto message. CONGRESSIONAL RECORD, Vol. 128 (1982): July 13, House and Senate overrode veto.

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 96 STAT. 180

PUBLIC LAW 97-216—JULY 18, 1982 Public Law 97-216 97th Congress An Act

July 18, 1982 [H.R. 6685]

Making urgent supplemental appropriations for thefiscalyear ending September 80, 1982, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Urgent United States of America in Congress assembled, That the following Supplemental ^ gm^^g ^^.Q appropriated, out of any money in the Treasury not Act!T98? otherwise appropriated, to supply supplemental appropriations (this Act may be cited as the "Urgent Supplemental Appropriations Act, 1982") for the fiscal year ending September 30, 1982, and for other purposes, namely: TITLEI CHAPTERI DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION PROGRAM ADMINISTRATION (TRANSFER OF F U N D S)

For an additional amount for "Program administration", $8,742,000 to be derived by transfer from Employment and Training Administration, "Employment and training assistance". EMPIX)YMENT AND TRAINING ASSISTANCE

For an additional amount for the Summer Youth Program under part C of title IV of the Comprehensive Employment and Training 29 USC 942.

Act, $45,000,000. EMPLOYMENT STANDARDS ADMINISTRATION SALARIES A N D EXPENSES

(TRANSFER OF FUNDS)

For an additional amount for '''Salaries and expenses", $4,259,000 to be derived by transfer from Emplo^ment and Training Admhiistration, "Employment and training assistance".

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96 STAT. 181

BUREAU OF LABOR STATISTICS SALARIES AND EXPENSES (TRANSFER OF FUNDS)

For an additional amount for "Salaries and expenses", $5,623,000 to be derived by transfer from Employment and Training Administration, "Employment and training assistance". DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH SERVICES ADMINISTRATION HEALTH SERVICES

For an additional amount for "Health Services", $60,080,000, of which $3,500,000 shall be used to provide twelve months of transitional funding for those University Affiliated Facilities previously funded under section 502(a) of the Social Security Act or predecessor 42 USC 702. legislation (title V of the Social Security Act as m effect prior to the ^^ ^sc 70i. enactment of the Maternal and Child Health Services Block Grant), but for which termination of such funding has been announced during fiscal year 1982. HEALTH RESOURCES ADMINISTRATION HEALTH RESOURCES

For an additional amount for "Health Resources", $1,000,000, which shall be available for nursing research grants. ASSISTANT SECRETARY FOR HUMAN DEVELOPMENT SERVICES WORK INCENTIVES

For an additional amount for "Work incentives", $35,000,000. DEPARTMENTAL MANAGEMENT OFFICE OF THE INSPECTOR GENERAL (TRANSFER OF FUNDS)

From amounts appropriated for fiscal year 1982 for pa5mients to States for Medicaid Fraud Control Units, there is transferred to the Office of Inspector General, D^artment of Health and Human Services, for necessary expenses, $13,941,000. SOCIAL SECURITY ADMINISTRATION REFUGEE AND ENTRANT ASSISTANCE

For an additional amount for "Refugee and Entrant assistance", $20,000,000, to be available only to reimburse States which by reason of court order, State statute or regulation, or other administrative restraint could not implement the change in regulations

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 96 STAT. 182

PUBLIC LAW 97-216—JULY 18, 1982 published on March 12, 1982, for refugee assistance and domestic assistance for Cuban and Haitian entrants. DEPARTMENT OF EDUCATION STUDENT LOAN INSURANCE

20 USC 1071.

For an additional amount under title IV, part B of the Higher Education Act, $1,300,000,000, to remain available until expended. DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $5,650,000. RELATED AGENCIES ACTION OPERATING EXPENSES, DOMESTIC PROGRAMS

For an additional amount for "Operating expenses, domestic programs", under the provisions of the Domestic Volunteer Service Act of 1973, as amended (Public Law 93-113, as amended, 42 U.S.C. section 4951 et seq.), $2,000,000. CORPORATION FOR PUBLIC BROADCASTING PUBLIC BROADCASTING F U N D

47 USC 609.

For an additional amount for payment to the Corporation for Public Broadcasting, as authorized by the Communications Act of 1934 as amended, an amount which shall be available within limitations specified by said Act, for the fiscal year 1984, $24,400,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties, and similar forms of entertainment for Government officials or employees: Provided further. That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity excluding from participation in, denying the benefits of, or discriminating against any person on the basis of race, color, national origin, religion, or sex. PRESIDENT'S COMMISSION FOR THE STUDY OF ETHICAL PROBLEMS IN MEDICINE SALARIES A N D EXPENSES

For an additional amount for "Salaries and expenses", $309,000.

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96 STAT. 183

CHAPTER II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING PROGRAMS ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING (RESCISSION)

Of the amount of authority provided under this heading in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1982 and prior Appropriation Acts, 95 Stat. 1417. $94,382,000 of contract authority and $4,098,640,000 of budget authority are rescinded: Provided, That any balances of authorities made available prior to enactment of the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1982, which are, or become, available for obligation in fiscal year 1982, shall be added to and merged with the authority approved in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1982, and such merged amounts shall be made subject only to terms and conditions of law applicable to authorizations becoming available in fiscal year 1982: Provided further. That $190,860,000 of contract authority and $4,098,685,000 of budget authority, shall be used for the public housing program, including $18,960,000 of contract authority for assistance in financing the development or acquisition cost of low-income housing for Indian families, $90,000,000 of contract authority for modernization of existing low-income housing projects, and $1,263,005,000 of budget authority for new construction and substantial rehabilitation as authorized by section 5(c) of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c); and $870,969,000 of contract authority and $15,228,518,000 of budget authority shall be used for new construction and substantial rehabilitation and assistance to existing housing units, including amendments for units reserved in prior years, under the lower-income housing assistance program (section 8, United States Housing Act of 1937, as amended): Provided further, 42 USC I437f. That of the foregoing amounts, $152,715,200 of contract authority and $3,700,000,000 of budget authority shall be for projects under section 8, United States Housing Act of 1937, as amended, the rents for which are approved pursuant to the note governing financing adjustments (46 Fed. Reg. 51903, October 23, 1981) or any published amendment thereto or successor note, except that the Secretary shall include in the determination of the fair market rental a debt service factor reflecting the lesser of (A) 14 percent or (B)(i) where the rate of interest on the permanent instrument sold to finance the project is 12 percent or less, such rate of interest or (ii) where the rate of interest on the permanent instrument sold to finance the project is more than 12 percent, one-half percent below such rate of interest but not less than 12 percent, and except that the Agreement to Enter into a Housing Assistance Payments Contract shall not be required to include a provision requiring that construction must be in progress prior to October 1, 1982: Provided further. That with respect to newly constructed and substantially rehabilitated projects under section 8, United States Housing Act of 1937, as amended, during 1982, the Secretary shall not impose a percentage or other arbitrary limitation on the cost and rent increases resulting from

97-200 O—84—pt. 1

8: QL3

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 96 STAT. 184 42 USC I437f.

Termination. 42 USC I437f.

95 Stat. 1417.

42 USC 1437Z.

PUBLIC LAW 97-216—JULY 18, 1982 increased construction cost in exercising the authority to approve cost and rent increases set forth in section 8(1) of such Act: Provided further. That none of the merged amounts available for obligation in 1982 shall be subject to the provisions of section 5(c)(2) and (3) and the fourth sentence of section 5(c)(1) of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c), and section 213(d) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 1439): Provided further. That no funds provided under this or any other Act shall be used to terminate a reservation of contract authority for any project under section 8 of the United States Housing Act of 1937, as amended, on account of the inability of the developer or owner of that project to obtain firm financing, unless such termination occurs no less than twenty-four months following the date of initial reservation of contract authority for such project: Provided further, That $74,375,000 of contract authority and $1,750,000,000 of budget authority provided under this heading in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1982, shall not become available for obligation until October 1, 1982, and $89,321,727 of the foregoing budget authority shall be for the modernization of 5,073 vacant uninhabitable public housing units, pursuant to section 14 of the United States Housing Act of 1937, as amended, other than section 14(f) of such Act: Provided further. That to the extent that the amount of budget authority which is recaptured or deobligated, including budget authority internally transferred by State Housing Finance Development agencies pursuant to 24 C.F.R. part 883.207, does not equal $5,000,000,000 on June 30, 1982, the amounts deferred in the immediately preceding proviso may be used in accordance with, and in addition to, the amounts provided in the third proviso of this paragraph, except that to the extent such amounts are used, an equivalent amount of such recaptured or deobligated contract authority and budget authority, which become available on or after July 1, 1982, through September 30, 1982, if any, shall be deferred until October 1, 1982. PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING PROJECTS

For an additional amount for "Payments for Operation of LowIncome Housing Projects", $198,000,000: Provided, That of the total amount available in fiscal year 1982 for "Payments for Operation of Low-Income Housing Projects", $1,215,275,400 shall be made available pro rata solely in accordance with the Performance Funding System (as set forth in 24 C.F.R. part 890, as of February 8, 1982). RENT SUPPLEMENT (RESCISSION)

The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), is further reduced in fiscal year 1982 by not more than $3,340,000 in uncommitted balances of authorizations provided for this purpose in appropriation Acts.

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 PUBLIC LAW 97-216—JULY 18, 1982

96 STAT. 185

INDEPENDENT AGENCIES ENVIRONMENTAL PROTECTION AGENCY CONSTRUCTION GRANTS

For necessary expenses to carry out title n of the Federal Water Pollution Control Act, as amended, other than sections 201(m), 205(k), except that for the project authorized by said section the 33 USC I28i, AdmMstrator shall allocate to the State of New York an amount ^285. equal to one-third of the total cost from the amount made available under this paragraph to the State of New York, one-third from the amount made available to the State of New Jersey; and one-third from the amounts made available to the remaining States, 206,208, and 209, $2,400,000,000, including grants for biological treatment facilities to repair or replace small community systems but not to exceed three systems suffering operational problems outside the warranty period where the existing Environmental Protection Agency planned systems have proven to be inoperable by the local municipalities, where determined to be necessary, to remain available until expended: Provided, That of such amount, $3,965,426 in additional funds (the amount which was withheld frova. the State of Kansas by reason of an accounting error by the Federal Government) shall be made available to the State of Kansas: Provided further. That nothing herein shall prohibit any project specified in section 201(m) from receiving a grant under section 201(g), in compliance with all relevant procedures under title II of the Federal Water Pollution Control Act, as amended, and paid from funds allotted to the State by section 205 and appropriated by this Act: Provided further. That the Administrator, upon application by the Governor Transfer of of the State of Ohio, with the approval of the Committees on ^"'^'^^ Appropriations, shall before October 1, 1982, commit existing unobligated funds from the State's Wastewater Construction Grant allotments to fund the Solid Waste Energy facility in Akron, Ohio. HAZARDOUS SUBSTANCE RESPONSE TRUST FUND

Of the funds appropriated under this head in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1982, $5,000,000 shall be made available to the Department of Health and Human Services, upon enactment, and up to an additional $2,000,000 may be made available by the Administrator to the Department for the performance of specific activities in accordance with section 111(c)(4) of Public Law 96-510, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Management of all funds made available to the Department 42 USC 9611. shall be consistent with the responsibilities of the trustee of the fund, as outlined in section 223(b) of the Act. 42 USC 9633. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RESEARCH AND DEVELOPMENT

Notwithstanding any other provision of this or any other Act, of the funds appropriated under the heading, "National Aeronautics and Space Admmistration, Research and development" in Public Law 97-101, not less than the amounts hereinafter set forth shall be 95 Stat. 1426.

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 96 STAT. 186

95 Stat. 1426; 94 Stat. 3054. Space Shuttle launch pad.

PUBLIC LAW 97-216—JULY 18, 1982 made available for the purposes specified: $31,200,000 for expendable launch vehicles; $323,500,000 for physics and astronomy (including $40,000,000 for Shuttle-Spacelab payloads); $205,000,000 for planetary exploration (including $1,700,000 for the midlevel facility in Hawaii); $39,500,000 for life sciences; $328,200,000 for space applications (including $2,300,000 for the search and rescue program, $5,000,000 for technology transfer, $6,000,000 for upper atmospheric research satellite experiments, $16,200,000 for Shuttle-Spacelab payloads, and $15,400,000 for a 30/20 gigahertz test satellite); $8,000,000 for technology utilization; $264,800,000 for aeronautical research and technology; $111,000,000 for space research and technology; and $402,100,000 for tracking and data acquisition: Provided, That of the funds available for the Space Shuttle, including space flight operations, not less than $80,000,000 shall be made available for design, development and procurement of liquid hydrogen-liquid oxygen (Centaur) upper stages for use in launching the Galileo and Solar Polar spacecraft in 1986: Provided further. That no funds may be obligated for other upper stages, including kick stages, for the Galileo and Solar Polar spacecraft after the enactment of this Act except for work performed prior to the effective date of this Act, together with liability for termination: Provided further. That no funds appropriated in this or any other Act may be obligated for a Solar Maximum repair/retrieval mission until the Secretary of the Air Force enters into an agreement with the Administrator to reimburse the National Aeronautics and Space Administration 50 per centum of the costs of such mission (exclusive of the costs attributable solely to equipment for the Solar Maximum spacecraft and to equipment capable of reuse): Provided further. That upon request by the Administrator of the National Aeronautics and Space Administration and approval by the Committees on Appropriations not to exceed $50,000,000 from the unobligated balances of funds appropriated under the heading "National Aeronautics and Space Administration, Construction of facilities" or "National Aeronautics and Space Administration, Research and program management" in Public Law 97-101 and Public Law 96-526 shall be available for the Space Shuttle, including space flight operations: Provided further, That the Administrator makes sufficient funds available to assure that a second Space Shuttle launch pad at the Kennedy Space Center, Florida, is operational by January 1, 1986. ADMINISTRATIVE PROVISION

Limitations. 95 Stat. 1440.

Limitations in section 501(40) of title V of the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1982, are amended as follows: The limitations on the Department of Housing and Urban Development's Office of the Assistant Secretary for Legislation and Congressional Relations are increased from 26 full-time permanent positions and 27 staff years to 31 full-time permanent positions and 33.5 staff years, the limitation on the National Aeronautics and Space Administration's Office of the Comptroller is increased from 150 full-time permanent positions to 161 full-time permanent positions, the limitation on the National Aeronautics and Space Administration's Office of External Relations is increased from 120 full-time permanent positions to 125 full-time permanent positions, excluding those positions allocated for Technology Utilization activities, and the limitation on the

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96 STAT. 187

Veterans Administration's Office of Planning and Program Evaluation is increased from $1,500,000 to $2,300,000. CHAPTER III DEPARTMENT OF TRANSPORTATION COAST GUARD OPERATING EXPENSES

For an additional amount for "Operating expenses", $17,500,000, to remain available until expended. FEDERAL HIGHWAY ADMINISTRATION FEDERAL-AID HIGHWAY PROGRAM

Section 3(a) of the Federal-Aid Highway Act of 1981 is amended by 95 Stat. 1699. striking the period at the end of the first sentence and by inserting ^^ ^^^ ^^^ "°*^®the following: "plus, an additional amount not to exceed $19,000,000 in obligation authority to carry out section 310(d)(3) of Public Law 97-102.".

95 Stat. 1459.

For an additional amount of authority to execute contracts to replace or rehabilitate highway bridges according to Title 23, United States Code, Section 144, $19,000,000 out of the Highway Trust Fund, to remain available until expended: Provided, That obligations incurred under this authority shall not be subject to any law limiting obligations for Federal-Aid Highways. Section 3(a) of the Federal-Aid Highway Act of 1981 is further amended by striking the period at the end of the first sentence and by inserting the following: "plus, an additional amount not to exceed $53,000,000 in obligation authority which the Secretary shall allocate to the States in order to increase such total obligation limitation, so that the reduction of any State's final obligation limitation is held to 15 per centum of the tentative limitation issued by the Secretary on October 1, 1981.". NATIONAL SCENIC AND RECREATIONAL HIGHWAY (LIQUIDATION OF CONTRACT AUTHORIZATION)

Any amounts previously authorized to be derived from the Highway Trust Fund for payment of obligations in carrying out the provisions of 23 U.S.C. 148 are to be transferred to and administered under the appropriation "Federal-aid highways". FEDERAL RAILROAD ADMINISTRATION GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

Section 303(d) of the Rail Passenger Service Act, 45 U.S.C. 543(d), is amended by changing the period at the end thereof to a semicolon and adding the following: except that the holding of securities issued by a railroad shall not be deemed to be violative of this prohibition: Provided, That the officer who holds such securities

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 96 STAT. 188

PUBLIC LAW 97-216—JULY 18, 1982 recuses himself from any decisions which bear directly on such railroad, and makes full public disclosure of such holdings.". RELATED AGENCIES CIVIL AERONAUTICS BOARD PAYMENTS TO AIR CARRIERS

For an additional amount for "Payments to air carriers", $28,400,000 to remain available until expended: Provided, That $8,242,000 shall be used to liquidate obligations incurred during September 1981, to provide for subsidy payments under 49 U.S.C. 1376 and 1389: Provided further, That notwithstanding any other provision of law any funds appropriated for "Payments to air carriers" in this or any other Act which are not obligated by September 30, 1982, shall be available for obligations only for section 419 (49 U.S.C. 1389) subsidies, except for adjustments to section 406 (49 U.S.C. 1376) payments for service provided prior to September 30, 1982. INTERSTATE COMMERCE COMMISSION PAYMENTS FOR DIRECTED RAIL SERVICE

45 USC 1015.

11 USC 205. 11 USC 1161.

For an additional amount for "Pa3mients for directed rail service", $8,000,000, to remain available until expended. Section 120 of the Rock Island Railroad Transition and Employee Assistance Act is amended— (1) in subsection (a)— (A) by striking out "the Rock Island Railroad" the first place it appears and inserting in lieu thereof "any railroad subject to section 77 of the Bankruptcy Act, or subchapter IV of chapter 11 of title 11, United States Code, which has ceased to provide passenger commuter service over any line of the railroad"; (B) by striking out "2-year" and inserting in lieu thereof "3-year"; and (C) by striking out "Rock Island Railroad" each place it appears (other than the first time it appears) and inserting in lieu thereof "railroad"; and (2) in subsection (b), by striking out "the Rock Island Railroad" and inserting in lieu thereof "emy reiilroad". CHAPTER IV

DEPARTMENT OF THE TREASURY BUREAU OF GTOVERNMENT FINANCIAL OPERATIONS SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $81,604,000.

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 PUBLIC LAW 97-216—JULY 18, 1982

96 STAT. 189

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", Transfer of $23,825,000: Provided, That no funds made available by this Act or functions. Public Law 97-161 may be used to accomplish or implement any Ante, p. 22. proposed reorganization of the Bureau of Alcohol, Tobacco and Firearms or the transfer of the Bureau's functions, missions, or activities to other agencies within the Department of the Treasury in the fiscal year ending on September 30, 1982: Provided further. That no reorganization of the Bureau of Alcohol, Tobacco and Firearms or the transfer of the Bureau's functions, missions, or activities to other agencies within the Department of the Treasury subsequent to September 30, 1982, shall be accomplished or implemented without the specific, express approval of both the House and Senate Committees on Appropriations. UNITED STATES CUSTOMS SERVICE SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $14,865,000, of which $8,000,000 shall be used for salaries, expenses, equipment, and other related expenses for Operation Exodus. U.S. POSTAL SERVICE PAYMENT TO THE POSTAL SERVICE FUND

For an additional amount for payment to the Postal Service Fund for revenue foregone on free and reduced rates of mail, pursuant to 39 U.S.C. 2401(c), $42,000,000: Provided, That notwithstanding any other provision of law, the Postal Service shall use these funds promptly to revise the adjustment to preferred rates made pursuant to section 108 of Public Law 97-92 so that all mail covered by the 16year phasing schedule established pursuant to section 3626 of title 39, United States Code, shall benefit from step 13 on such schedule through September 30, 1982. This provision shall take effect ten days after enactment of this Act. Effective October 1, 1982, section 1723 of the Omnibus Reconciliation Act, Public Law 97-35, is amended by striking out "(a)" before "Notwithstanding" in subsection (a) and by striking out subsection (b). INDEPENDENT AGENCIES

95 Stat. 1193. Effective date. Effective date. 95 Stat. 759. 39 USC 2401 note.

GENERAL SERVICES ADMINISTRATION OFFICE OF INSPECTOR GENERAL

For an additional amount for "Office of Inspector General", $500,000. FEDERAL BUILDINGS FUND

Notwithstanding the provision immediately following the repairs Limitations. and improvements line item projects under the heading "General

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 96 STAT. 190

PUBLIC LAW 97-216—JULY 18, 1982 Services Administration, Federal buildings fund, Limitations on availability of revenue" in H.R. 4121 as passed by the House and in H.R. 4121 as reported by the Senate on September 22, 1981, funds presently available for repairs and alterations nonprospectus projects shall be used to initiate the design and related work required to begin the repairs and alterations of the U.S. Court of Appeals building, Atlanta, Georgia. MERIT SYSTEMS PROTECTION BOARD SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $4,006,000. OFFICE OF SPECIAL COUNSEL SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $238,000. U.S. TAX COURT SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $1,530,000. CHAPTER V DEPARTMENT OF COMMERCE GENERAL ADMINISTRATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $3,171,000. ECONOMIC DEVELOPMENT ADMINISTRATION SALARIES AND EXPENSES (TRANSFER OF FUNDS)

For an additional amount for "Salaries and expenses", $3,500,000 to be derived by transfer from the Economic Development Revolving Fund. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for "Operations, research, and facilities", $2,000,000, to remain available until expended.

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 PUBLIC LAW 97-216—JULY 18, 1982

96 STAT. 191

RELATED AGENCY INTERNATIONAL COMMUNICATION AGENCY ACQUISITION AND CONSTRUCTION OP RADIO FACILITIES

Appropriations made available under this heading for fiscal year 1982 may be used for lease of real property for periods of up to twenty-five years in Africa, Asia, the Cariboean area, and Europe. CHAPTER VI DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE

FOOD STAMP PROGRAM

For an additional amount for the "Food Stamp Program", $1,006,616,000. CHAPTER VII

DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY CORPS OF ENGINEERS—CIVIL FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for "Flood Control and Coastal Emergencies", $40,000,000, to remain available until expended: Provided, That $18,000,000 of the funds provided shall be for flood control measures and features on the Cowlitz and Toutle Rivers in the State of Washington. TITLE II GENERAL PROVISIONS SEC. 201. Any institution of higher education specifically cited in the conference report on the Education Amendments of 1980 (report numbered 96-1337) as a unique institution which the conference committee for that legislation intended to be recognized as a developing institution eligible to apply for funds under title III of the Higher Education Act of 1965, shall be treated as an eligible institution for such purpose for fiscal year 1982, notwithstanding section 322(a)(2)(A) of such Act. SEC. 202. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 203. Notwithstanding any other provision of law, none of the funds provided for International Organizations and Programs in Public Law 97-121, the Foreign Assistance and Related Programs Appropriation Act for Fiscal Year 1982, shall be available for the United States proportionate share for any programs for the Pales-

20 USC lOOl "o*®20 USC 1051. 20 USC 483 note.

95 Stat. 1647.

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 96 STAT. 192

Restrictions.

30 USC 801 note. 95 Stat. 1183.

Loan guarantee to Polish People's Republic. Report to Congress.

95 Stat. 958. 95 Stat. 1098, 1183. Ante, p. 22. 42 USC 256. Fund apportionment. 20 USC 1070b-3. 20 USC 1070b.

20 USC 1070b-3. 42 USC 2752. 42 USC 2751.

PUBLIC LAW 97-216—JULY 18, 1982 tine Liberation Organization, the South West Africa Peoples Organization, or Cuba. SEC. 204. No funds appropriated or otherwise made available for fiscal year 1982 shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Federal Mine Safety and Health Act of 1977 on any State or political subdivision thereof Notwithstanding section 101(a)(3) of Public Law 97-92 or any similar or comparable provision of anv other law, during fiscal year 1982 the Mine Safety and Health Administration shall have the same enforcement authorities vested in such Administration on September 30, 1981. SEC. 205. Effective upon enactment of this Act and for the remainder of fiscal year 1982, notwithstanding any other provision of law, no funds may be paid out of the Treasury of the United States or out of any fund of a Government corporation to any private individual or corporation in satisfaction of any assurance agreement or payment guarantee or other form of loan guarantee entered into by any agency or corporation of the United States Government with respect to loans made and credits extended to the Polish People's Republic, unless the Polish People's Republic has been declared to be in default of its debt to such individual or corporation or unless the President has provided a monthly written report to the Speaker of the House of Representatives and the President of the Senate explaining the manner in which the national interest of the United States has been served by any payments during the previous month under loan guarantee or credit assurance agreement with respect to loans made or credits extended to the Polish People's Republic in the absence of a declaration of default. SEC. 206. Notwithstanding any other provision of law, the amounts appropriated for fiscal year 1982 under Public Law 97-51 (as amended by Public Law 97-85) and Public Law 97-92 (as amended by Public Law 97-161) for purposes of section 340 of the Public Health Service Act shall be available for funding grants and contracts under such section in areas that are not urbanized areas and in urbanized areas. SEC. 207. Notwithstanding any other provision of this Act, any other Act, or section 413D of the Higher Education Act of 1965, the Secretary shall apportion the sums appropriated pursuant to section 413A0D) of the Higher Education Act of 1965 for the fiscal year 1982 among the States so that each State's apportionment bears the same ratio to the total amount appropriated as that State's apportionment in the fiscal year 1981 bears to the total amount appropriated pursuant to section 413A(b) for that fiscal year: Provided, That the Secretary shall allocate sums to institutions in each State notwithstanding section 413D(b)(l)(B)(ii)(I) of the Higher Education Act of 1965. SEC. 208. Notwithstanding any other provision of this Act, any other Act, or section 442 of the Higher Education Act of 1965, the Secretary shall allot the sums appropriated pursuant to section 441 of the Higher Education Act of 1965 for the fiscal year 1982 among Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the States (including the District of Columbia and the Commonwealth of Puerto Rico) so that the allotment of Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and each State (including the District of Columbia and the Commonwealth of Puerto Rico) bears the same ratio to the amount appropriated as the allotment of Guam, American

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 PUBLIC LAW 97-216—JULY 18, 1982 Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and each State (including the District of Columbia and the Commonwealth of Puerto Rico) for the fiscal year 1981 bears to the total amount appropriated pursuant to section 441 for that fiscal year: Provided, That the Secretary shall allocate sums to institutions in each jurisdiction notwithstanding the second sentence of section 446(a) of the Higher Education Act of 1965. SEC. 209. The Secretary of Education and the Director of the National Institute of Education shall not terminate any long-term special institutional agreement (or any other grant agreement or contract which incorporates by reference such long-term special institutional agreement) which— (1) was entered into under section 405(f) of the General Education Provisions Act, relating to laboratories and centers, and (2) is in effect on the date of enactment of this Act, prior to the original completion date established by such long-term special institutional agreement (or any other grant agreement or contract which incorporates by reference such long-term special institutional agreement). SEC. 210. (a) The Secretary of Agriculture shall initiate construction on not less than fifteen new projects under the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) during fiscal year 1982. (b) Any project proposed for construction pursuant to the Act referred to in subsection (a) and submitted to the Director of the Office of Management and Budget for review shall be deemed to be approved by the Director unless disapproved by him within ninety days after submission. SEC. 211. (a) Subsection (a) of section 112 of the Act of December 15, 1981 (95 Stat. 1194), is amended by inserting after "in connection with a qualified issue" the following: ", except to the extent such funds are used in connection with the consideration or granting of an exemption from the application of such revenue ruling or regulation under proposed income tax regulation section 1.103-7(b)(6)(ii) or any similar statute or regulation". (b) Subsection (d) of section 112 of the Act of December 15, 1981 (95 Stat. 1196), is amended to read as follows: "(d) It is the sense of the Congress that after August 23, 1981, the Secretary of the Treasury or his delegate, in all cases, should enforce any revenue ruling or regulation described in paragraph (1) or (2) of subsection (a) in a manner consistent with the provisions of this section. Nothing in the preceding sentence shall prevent the Secretary of the Treasury or his delegate from granting or considering an exemption from the application of such a revenue ruling or regulation under proposed income tax regulation section 1.103-7(b)(6)(ii) or any similar statute or regulation.". SEC. 212. Notwithstanding any provision of this or any other Act, none of the funds appropriated for the Department of Labor, Mine Safety and Health Administration, shall be used to classify a mine in the potash industry as gassy based upon air samples containing concentrations of methane gas, unless such classification standard has been adopted through formal rulemaking on or after November 5, 1981. SEC. 213. None of the funds provided in this or any other Act shall be used to implement an apportionment and staffing plan to specifically phase down the Public Health Service Commissioned Corps.

96 STAT. 193

42 USC 2751. 42 USC 2756. Grant agreement, termination. 20 USC 1221e note. 20 USC 1221e.

construction projects.

Project approval.

Restrictions.

Restrictions.

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 96 STAT. 194

26 USC 162.

26 USC 280A.

26 USC 162 note. Effective date. 26 USC 162 note. Transfer of funds.

Restriction.

95 Stat. 1700. 23 USC 101 note.

PUBLIC LAW 97-216—JULY 18, 1982 SEC. 214. The Department of Agriculture, U.S. Forest Service, within available funds, shall expend not less than $1,000,000 for research on the cyclocrane concept of a lighter-than-air heavy lift vehicle for use in logging operations. SEC. 215. (a) The last sentence of section 162(a) of the Internal Revenue Code of 1954 (relating to trade or business expenses) is amended by inserting ", but amounts expended by such Members within each taxable year for living expenses shall not be deductible for income tax purposes in excess of $3,000" after "home". (b) Paragraph (4) of section 280A(f) of such Code (relating to coordination with section 162(a)(2)) is amended to read as follows: "(4) COORDINATION WITH SECTION 162(a)(2).—Nothing in this section shall be construed to disallow any deduction allowable under section 162(a)(2) (or any deduction which meets the tests of section 162(a)(2) but is allowable under another provision of this title) by reason of the taxpayer's being away from home in the pursuit of a trade or business (other than the trade or business of renting dwelling units).". (c) Subsection (a) of section 139 of the Act of October 1, 1981 (95 Stat. 967), is hereby repealed. (d) The amendments made by this section shall apply to taxable years beginning after December 31, 1981. SEC. 216. For an additional amount for National Guard Personnel, Army, such amount as is necessary to make 850 man-days available to the Kentucky Army National Guard to implement and operate the Medical Assistance to Safety and Traffic program in Kentucky through August 1, 1982, to be derived by transfer from Operations and Maintenance, Army National Guard. SEC. 217. (a) None of the funds which are made available by this or any other Act shall be used to study, plan, or implement the termination of the operation of the Southwestern Indian Polytechnic Institute located in Albuquerque, New Mexico, in fiscal year 1982. (b) The Secretary of the Interior shall use funds made available to the Department of the Interior under the Act of December 23, 1981 (95 Stat. 1391), to operate Southwestern Indian Polytechnic Institute through fiscal year 1982. SEC. 218. Notwithstanding the provisions of section 4(b) of the Federal-Aid Highway Act of 1981, and section 102(c) of the FederalAid Highway Act of 1976, the Secretary may approve the use of interstate construction funds authorized by section 108(b) of the

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 PUBLIC LAW 97-216—JULY 18, 1982

96 STAT. 195

Federal-Aid Highway Act of 1956, as amended, on projects for 23 USC loi note. resurfacing, restoring, rehabilitating, and reconstructing the Interstate System in accordance with the provisions of 23 U.S.C. 119, or for those purposes for which funds apportioned under 23 U.S.C. 104(b)(1), (2), and (6) may be expended, in a State which received no more than one-half of 1 per centum of the total apportionment under 23 U.S.C. 104(b)(5)(A) for the fiscal year ending September 30, 1983, where necessary in order to fully utilize funds apportioned under 23 U.S.C. 104(b)(5)(A) through the fiscal year ending September 30, 1982, but within the obligational limitation established by section 3 of the Federal-Aid Highway Act of 1981. 95 Stat. 1699., X,

.^

,^o^

Approved July 18, 1982.

LEGISLATIVE HISTORY—H.R. 6685: HOUSE REPORT No. 97-632 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): June 24, considered and passed House. June 29, considered and passed Senate, amended. July 15, House concurred in Senate amendment, with an amendment; Senate agreed to conference report and concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 29 (1982): July 19, Presidential statement.

23 USC 104 note.

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 96 STAT. 196

PUBLIC LAW 97-217—JULY 19, 1982 Public Law 97-217 97th Congress An Act

July 19, 1982 [S. 2651]

TQ extend the expiration date of section 252 of the E n e i ^ Policy and Conservation Act.

Energy Policy Conservation Act, extension Ante, p. 106.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 252(j) ^^ ^^^ Energy Policy and Conservation Act (42 U.S.C. 62720')) is amended by striking "July 1, 1982" and inserting in its place "AugUSt 1, 1982". Approved July 19, 1982.

LEGISLATIVE HISTORY—S. 2651: CONGRESSIONAL RECORD, Vol. 128 (1982): June 24, considered and passed Senate. July 15, considered and passed House.

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 PUBLIC LAW 97-218—JULY 20, 1982

96 STAT. 197

Public Law 97-218 97th Congress An Act To provide for the operation of the tobacco price support and production adjustment program in such a manner as to result in no net cost to taxpayers, to limit increases in the support price for tobacco, and for other purposes.

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

1. This Act may be cited as the "No Net Cost Tobacco Program Act of 1982". SECTION

July 20, 1982 [H.R. 6590]

No Net Cost Tobacco Program Act of 1982. 7 USC 1281 note.

FINDINGS

SEC. 2. Congress finds that— (1) in order to implement the intent of Congress, as expressed in the Agriculture and Food Act of 1981, that the tobacco price support and production adjustment program be carried out at no net cost to the taxpayer, other than administrative expenses common to the operation of all price support programs, it is necessary that producers of quota tobacco share equitably in l>elping to eliminate losses which may be incurred in carrying out the program; (2) producers of quota tobacco should be required, as a condition of receiving the benefits of price support for their tobacco, to contribute to a capital account to be established by each producer-owned marketing association through which price support advances are made available to producers; and (3) the account so established should be used by the associations exclusively for the purpose of achieving a no net cost tobacco program.

7 USC 1445-1 note. 7 USC 1281 note.

TITLE I—MODIFICATION OF TOBACCO PRICE SUPPORT PROGRAM PRODUCER CONTRIBUTIONS TO NO NET COST TOBACCO FUND

SEC. 101. Effective for the 1982 and subsequent crops of tobacco, the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) is amended by inserting, following section 106, a new section 106A as follows: PRODUCER CONTRIBUTIONS TO NO NET COST TOBACCO FUND

"SEC. 106A. (a) As used in the section— "(1) the term 'association' means a producer-owned cooperative marketing association which has entered into a loan agreement with the Corporation to make price support available to producers;

Definitions. 7 USC 1445-1.

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 96 STAT. 198

Loan advances.

Fund, establishPrice support eligibility.

PUBLIC LAW 97-218—JULY 20, 1982 "(2) the term 'Corporation' means the Commodity Credit Corporation, an agency and instrumentaUty of the United States within the Department of Agriculture through which the Secretary makes price support available to producers; "(3) the term 'Fund' means the capital account to be established within each association, which account shall be known as the 'No Net Cost Tobacco Fund'; "(4) the term 'to market' means to dispose of quota tobacco by voluntary or involuntary sale, barter, exchange, gift inter vivos, or consigning the tobacco to an association for a price support advance; "(5) the term 'net gains* means the amount by which total proceeds obtained from the sale by an association of a crop of quota tobacco pledged to the Corporation for price support loan exceeds the principal amount of the price support loan made by the Corporation to the association on such crop, plus interest and charges; and "(6) the term 'quota tobacco' means any kind of tobacco for which marketing quotas are in effect or for which marketing quotas are not disapproved by producers. "(b) The Secretary may carry out the tobacco price support program through the Corporation and shall, except as otherwise provided by this section, continue to make price support available to producers through loans to associations that, under agreements with the Corporation, agree to make loan advances to producers. "(c) Each association shall establish within the association a Fund. The Fund shall be comprised of amounts contributed by producermembers as provided in subsection (d). "(d) The Secretary shall— "(1) require— "(A) that— "(i) as a condition of eligibility for price support, each producer of each kind of quota tobacco (other than Burley quota tobacco with respect to the 1983 and subsequent crops) shall agree, with respect to all such kind of quota tobacco marketed by the producer from a farm, to contribute to the appropriate association, for deposit in the association's Fund, an amount determined from time to time by the association with the approval of the Secretary; and (ii) as a condition of eligibility for price support for any marketing year of any three-year period for which marketing quotas are in effect (other than the period applicable to the 1982 crop), each producer of Burley quota tobacco shall agree, not later than a date established by the Secretary preceding the beginning of the first marketing year of such three-year period (or, in the case of a producer of Burley quota tobacco on a new farm or a producer of Burley quota tobacco succeeding another producer on a farm, before the beginning of the marketing year in which such new producer or such successor producer will first market Burley quota tobacco from the farm involved), to contribute in each of the marketing years in such three-year period (or, in the case of such new producer or such successor producer, any remaining marketing year in such threeyear period), with respect to all Burley quota tobacco

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 PUBLIC LAW 97-218—JULY 20, 1982 marketed by the producer, to the appropriate association, for deposit in the association's Fund, an amount determined from time to time by the association with the approval of the Secretary; and "(B) that, upon making a contribution under subparagraph (A)— "(i) in the case of quota tobacco marketed other than by consignment to an association for a price support advance, the producer shall receive from the association capital stock or, if the association does not issue such stock, a capital certificate having a par value or face amount, respectively, equal to the contribution; and "(ii) in the case of quota tobacco consigned by the producer to an association for a price support advance, the producer shall receive from the association a qualified per unit retain certificate, as defined in section 1388(h) of the Internal Revenue Code, having a face amount equal to the amount of the contribution and representing an interest in the association's Fund. The Secretary shall approve the amount of the contributions determined by an association from time to time under this paragraph only if the Secretary determines that such amount will result in accumulation of a Fund adequate to reimburse the Corporation for any net losses which the Corporation may sustain under its loan agreements with the association, based on reasonable estimates of the amounts which the Corporation will lend to the association under such agreements and the proceeds which will be realized from the sales of tobacco which are pledged to the Corporation by the association as security for loans; "(2) effective for the 1983 and subsequent crops, require that each owner and operator of any farm who, in conformity with the provisions of subtitle B, part I, of the Agricultural Adjustment Act of 1938, leases all or any part of an acreage allotment or marketing quota for Flue-cured tobacco to make contributions, for deposit into the Fund established by the association which, under a loan agreement with the Corporation, makes price support available to producers of Flue-cured tobacco. The amount of such contribution for the quantity of tobacco of each crop represented by such lease shall be the same amount as the contribution for producers of Flue-cured tobacco of such crop determined and approved under paragraph (1). The Secretary shall require that such association, upon receiving such contribution, issue to such owner and operator capital stock or, if the association does not issue such stock, a capital certificate having a par value or face amount, respectively, equal to the contribution; "(3) require that the Fund established by each association shall be kept and maintained separate from all other accounts of the association and shall be used exclusively, as prescribed by the Secretary, for the purpose of ensuring, insofar as practicable, that the Corporation, under its loan agreements with the association with respect to 1982 and subsequent crops of quota tobacco, will suffer no net losses (including, but not limited to, recovery of the amount of loans extended to cover the overhead

96 STAT. 199

Capital stock or capital certificate.

26 USC 1388.

Acreage allotment and marketing quota leases. 7 USC 1311.

Capital stock or capital certificate.

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