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any other interlocutory order, includes in the order a statement that a controlling question of law is involved with respect to which there is a substantial ground for difference of opinion and that an immediate appeal from that order may materially advance the ultimate termination of the litigation, the United States Court of Appeals for the Federal Circuit may, in its discretion, permit an appeal to be taken from such order, if application is made to that Court within ten days after the entry of such order. "(2) When any judge of the United States Claims Court, in issuing an interlocutory order, includes in the order a statement that a controlling question of law is involved with respect to which there is a substantial ground for difference of opinion and that an immediate appeal from that order may materially advance the ultimate termination of the litigation, the United States Court of Appeals for the Federal Qrcuit may, in its discretion, permit an appeal to be taken from such order, if application is made to that Court within ten days after the entry of such order. "(3) Neither the application for nor the granting of an appeal stay of appeal, under this subsection shall stay proceedings in the Court of International Trade or in the Claims Court, as the case may be, unless a stay is ordered by a judge of the Court of International Trade or of the Claims Court or by the United States Court of Appeals for the Federal Circuit or a judge of that court.". CIRCUITS IN WHICH DECISIONS ARE REVIEWABLE

SEC. 126. Section 1294 of title 28, United States Code (including that section as it will become effective on April 1, 1984), is amended by striking out "Appeals" and inserting in lieu thereof "Except as provided in sections 1292(c), 1292(d), and 1295 of this title, appeals".

Ante, p. 36; Infra.

JURISDICTION OF THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SEC. 127. (a) Chapter 83 of title 28, United States Code, is amended by adding at the end thereof the following new sections: "§ 1295. Jurisdiction of the United States Court of Appeals for the Federal Circuit "(a) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction— "(1) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on section 1338 of this title, except that a case involving a claim arising under any Act of Congress relating to copyrights or trademarks and no other claims under section 1338(a) shall be governed by sections 1291, 1292, and 1294 of this title; "(2) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was

28 USC 1295.

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 96 STAT. 38 28 USC 1346.

19 USC 1202 note. Post, p. 45.

Post, p. 47.

PUBLIC LAW 97-164—APR. 2, 1982 based, in whole or in part, on section 1346 of this title, except that jurisdiction of an appeal in a case brought in a district court under section 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this title or under section 1346(a)(2) when the claim is founded upon an Act of Congress or a regulation of an executive department providing for internal revenue shall be governed by sections 1291, 1292, and 1294 of this title; "(3) of an appeal from a final decision of the United States Claims Court; "(4) of an appeal from a decision of— "(A) the Board of Appeals or the Board of Patent Interferences of the Patent and Trademark Office with respect to patent applications and interferences, at the instance of an applicant for a patent or any party to a patent interference, and any such appeal shall waive the right of such applicant or party to proceed under section 145 or 146 of title 35; "(B) the Commissioner of Patents and Trademarks or the Trademark Trial and Appeal Board with respect to applications for registration of marks and other proceedings as provided in section 21 of the Trademark Act of 1946 (15 U.S.C. 1071); or "(C) a district court to which a case was directed pursuant to section 145 or 146 of title 35; "(5) of an appeal from a final decision of the United States Cburt of International Trade; "(6) to review the final determinations of the United States International Trade Commission relating to unfair practices in import trade, made under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337); "(7) to review, by appeal on questions of law only, findings of the Secretary of Commerce under headnote 6 to schedule 8, part 4, of the Tariff Schedules of the United States (relating to importation of instruments or apparatus); "(8) of an appeal under section 71 of the Plant Variety Protection Act (7 U.S.C. 2461); "(9) of an appeal from a final order or final decision of the Merit Systems Protection Board, pursuant to sections 7703(b)(1) and 7703(d) of title 5; and "(10) of an appeal from a final decision of an agency board of contract appeals pursuant to section 8(g)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 607(g)(1)). "(b) The head of any executive department or agency may, with the approval of the Attorney General, refer to the Court of Appeals for the Federal Circuit for judicial review any final decision rendered by a board of contract appeals pursuant to the terms of any contract with the United States awarded by that department or agency which the head of such department or agency has concluded is not entitled to finality pursuant to the review standards specified in section 10(b) of the Contract Disputes Act of 1978 (41 U.S.C. 609(b)). The head of each executive department or agency shall make any referral under this section within one hundred and twenty days after the receipt of a copy of the final appeal decision. "(c) The Court of Appeals for the Federal Circuit shall review the matter referred in accordance with the standards specified in section 10(b) of the Contract Disputes Act of 1978. The court shall proceed with judicial review on the administrative record made before

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the board of contract appeals on matters so referred as in other cases pending in such court, shall determine the issue of finality of the appeal decision, and shall, if appropriate, render judgment thereon, or remand the matter to any administrative or executive body or official with such direction as it may deem proper and just. for the Federal Circuit "Civil actions in the United States Court of Appeals for the Federal Circuit shall be ^ven precedence, in accordance with the law applicable to such actions, m such order as the court may by rule establish.". (b) The section analysis of chapter 83 of title 28, United States Code, is amended by adding at the end thereof the following new items: "1295. Jurisdiction of the United States Court of Appeals for the Federal Circuit. "1296. Precedence of cases in the United States Court of Appeals for the Federal Circuit.". INTERSTATE COMMERCE COMMISSION ORDERS; JURISDICTION
 * § 1296. Precedence of cases in the United States Court of Appeals 28 USC i296.

SEC 128. Section 1336(b) of title 28, United States Code, is amended by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court". UNITED STATES AS DEFENDANT; JURISDICTION

SEC. 129. Section 1346(a) of title 28, United States Code, is amended by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court". INTERSTATE COMMERCE COMMISSION ORDERS; VENUE

SEC 130. Section 1398(b) of title 28, United States Code, is amended by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court". UNITED STATES AS DEFENDANT; VENUE

SEC 131. Section 1402(a) of title 28, United States Code, is amended by inserting "in a district court" after "civil action". CURE OR WAIVER OP DEFECTS

SEC 132. Section 1406 of title 28, United States Code, is amended— (1) by repealing subsection (c); and (2) by redesignating subsection (d) as subsection (c). UNITED STATES CLAIMS COURT JURISDICTION AND VENUE

SEC. 133. (a) Section 1491 of title 28, United States Code, is amended to read as follows: "§ 1491. Claims against United States generally; actions involving Tennessee Valley Authority "(a)(1) The United States Claims Court shall have jurisdiction to render judgment upon any claim against the United States founded

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PUBLIC LAW 97-164—APR. 2, 1982

use prec. title 1. either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States. "(2) To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdiction, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just. The Claims Court shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under 41 USC 609. section lO(a)(l) of the Contract Disputes Act of 1978. "(3) To afford complete relief on any contract claim brought before the contract is awarded, the court shall have exclusive jurisdiction to grant declaratory judgments and such equitable and extraordinary relief as it deems proper, including but not limited to injunctive relief. In exercising this jurisdiction, the court shall give due regard to the interests of national defense and national security. "(b) Nothing herein shall be construed to give the United States Claims Court jurisdiction of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action against, or founded on conduct of, the Tennessee Valley Authority, or to amend or modify the provisions of the Tennessee Valley 16 USC 831. Authority Act of 1933 with respect to actions by or against the Authority.". (b) Section 1492 of title 28, United States Code, is amended by striking out "chief commissioner of the Court of Claims" and inserting in lieu thereof "chief judge of the United States Claims Court". (c)(1) Sections 1494, 1495, 1496, and 1497 of title 28, United States Code, are amended by striking out "Court of Claims" each place it appears and inserting in lieu thereof "United States Claims Court". (2) The section heading of section 1497 of title 28, United States Code, is amended by striking out "growers," and inserting in lieu thereof "growers'". (d) Section 1498 of title 28, United States Code, is amended— (1) in subsection (a), by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court"; and (2) in subsections (b) and (d), by striking out "Court of Claims" each place it appears and inserting in lieu thereof "Claims Court". (e)(1) Sections 1499, 1500, 1501, 1502, and 1503 of title 28, United States Code, are amended by striking out "Court of Claims" each place it appears and inserting in lieu thereof "United States Claims Court".

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(2)(A) The section heading of section 1499 of title 28, United States Code, is amended by inserting "and Safety" after "Hours". (B) The item relating to section 1499 in the section analysis of chapter 91 of title 28, United States Code, is amended to read as follows: "1499. Liquidated damages withheld from contractors under Contract Work Hours and Safety Standards Act".

(f) Section 1504 of title 28, United States Code, and the item Repeal. relating to section 1504 in the section analysis of chapter 91 of such title, are repealed. (g) Section 1505 of title 28, United States Code, is amended— (1) by striking out "Court of Claims" the first place it appears and inserting in lieu thereof "United States Claims Court"; and (2) by striking out "Court of Claims" the second place it appears and inserting in lieu thereof "Claims Court". (h) Section 1506 of title 28, United States Code, and the item Repeal, relating to section 1506 in the section analysis of chapter 91 of such title, are repealed. (i) Section 1507 of title 28, United States Code, is amended by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court". (j)(1) The item relating to chapter 91 in the chapter analysis of part IV of title 28, United States Code, is amended by striking out Court of Claims" and inserting in lieu thereof "United States Claims Court". (2) The chapter heading of chapter 91 of title 28, United States Code, is amended by striking out "COURT OF CLAIMS" and inserting in lieu thereof "UNITED STATES CLAIMS COURT". REPEAL OF PROVISIONS RELATING TO THE COURT OP CUSTOMS AND PATENT APPEALS

SEC. 134. Chapter 93 of title 28, United States Code, and the item relating to chapter 93 in the chapter analysis of part IV of such title, are repealed. REPEAL; CURE OP DEFECTS

SEC. 135. Section 1584 of title 28, United States Code, and the item relating to section 1584 in the section analysis of chapter 95 of such title, are repealed. REPEAL; TIME FOR APPEAL

SEC. 136. Section 2110 of title 28, United States Code, and the item relating to section 2110 in the section analysis of chapter 133 of such title, are repealed. COURT OF APPEALS JURISDICTION

SEC. 137. Section 2342 of title 28, United States Code, is amended— (1) by inserting "(other than the United States Court of Appeals for the Federal Circuit)" after "court of appeals"; (2) in paragraph (4), by inserting "and" after the semicolon;

28 USC 1541 et seq.

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PUBLIC LAW 97-164—APR. 2, 1982 (3) in paragraph (5), by striking out "; and" and inserting in lieu thereof a period; and (4) by striking out paragraph (6). PLANT VARIETY PROTECTION OFFICE DECISIONS

Repeal.

SEC. 138. Section 2353 of title 28, United States Code, and the item relating to section 2353 in the section analysis of chapter 158 of such title, are repealed. UNITED STATES CLAIMS COURT PROCEDURE

SEC. 139. (a) Sections 2501 and 2502(a) of title 28, United States Code, are amended by striking out "Court of Claims" each place it appears and inserting in lieu thereof "United States Claims Court". (b)(1) Section 2503 of title 28, United States Code, is amended to read as follows:

Hearings.

"§ 2503. Proceedings generally "(a) Parties to any suit in the United States Claims Court may appear before a judge of that court in person or by attorney, produce evidence, and examine witnesses. "(b) The proceedings of the Claims Court shall be in accordance with such rules of practice and procedure (other than the rules of evidence) as the Claims Court may prescribe and in accordance with the Federal Rules of Evidence. "(c) The judges of the Claims Court shall fix times for trials, administer oaths or affirmations, examine witnesses, receive evidence, and enter dispositive judgments. Hearings shall, if convenient, be held in the counties where the witnesses reside.". (2) The item relating to section 2503 in the section analysis of chapter 165 of title 28, United States Code, is amended by striking out "before commissioners". (c) Section 2504 of title 28, United States Code, is amended— (1) by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court"; and (2) by striking out "commissioner" each place it appears and inserting in lieu thereof "judge". (d) Section 2505 of title 28, United States Code, is amended— (1) by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court"; and (2) by striking out "report findings" and inserting in lieu thereof "enter judgment". (e) Section 2506 of title 28, United States Code, is amended by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court". (f) Section 2507 of title 28, United States Code, is amended— (1) in subsection (a), by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court"; and (2) in subsection (c), by striking out "Court of Claims" and inserting in lieu thereof Claims Court". (g) Section 2508 of title 28, United States Code, is amended by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court". (h)(1) Section 2509 of title 28, United States Code, is amended by amending subsection (a) to read as follows:

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"(a) Whenever a bill, except a bill for a pension, is referred by Hearing officer. either House of Congress to the chief judge of the United States Claims Court pursuant to section 1492 of this title, the chief judge 28 USC 1492. shall designate a judge as hearing officer for the case and a panel of three judges of the court to serve as a reviewing body. One member of the review panel shall be designated as presiding officer of the panel.". (2) Section 2509 of title 28, United States Code, is amended— (A) in subsections (b), (c), (d), and (f), by striking out "trial commissioner" each place it appears and inserting in lieu thereof "hearing officer"; (B) in subsections (b), (c), and (e), by striking out "chief commissioner" each place it appears and inserting in lieu thereof "chief judge"; (C) in subsections (b), (f), and (g), by striking out "Court of Claims" each place it appears and inserting in lieu thereof "Claims Court"; (D) in subsection (d), by striking out "of commissioners"; and (E) in subsection (g), by striking out "commissioners serving as trial commissioners" and inserting in lieu thereof "judges serving as hearing officers". (i)(l) Section 2510 of title 28, United States Code, is amended to read as follows: "§ 2510. Referral of cases by Comptroller General 28 USC 2510. "(a) The Comptroller General may transmit to the United States Claims Court for trial and adjudication any claim or matter of which the Claims Court might take jurisdiction on the voluntary action of the claimant, together with all vouchers, papers, documents, and proofs pertaining thereto. "(b) The Claims Court shall proceed with the claims or matters so referred as in other cases pending in such Court and shall render judgment thereon.". (2) The item relating to section 2510 in the section analysis of chapter 165 of title 28, United States Code, is amended to read as follows: "2510. Referral of cases by Comptroller General.".

(j)(1) Section 2511 of title 28, United States Code, is amended by striking out ", or of the Supreme Court upon review,". (2) Sections 2511, 2512, 2513(c), 2514, 2515(a), and 2516(a) of title 28, United States Code, are amended by striking out "Court of Claims" each place it appears and inserting in lieu thereof "United States Claims Court". (k) Section 2517 of title 28, United States Code, is amended— (1) in subsection (a), by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court"; and (2) in subsection (b), by striking out the comma immediately after "discharged". (1) Section 2518 of title 28, United States Code, and the item Repeal, relating to section 2518 in the section analysis of chapter 165 of such title, are repealed. (m) Section 2519 of title 28, United States Code, is amended by striking out "Court of Claims" and inserting in lieu thereof 'United States Claims Court". (n)(l) Section 2520 of title 28, United States Code, is amended in subsection (a)—

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PUBLIC LAW 97-164—APR. 2, 1982 (A) by striking out "(a)"; (B) by striking out "Court of Claims" and inserting in lieu thereof "United States Claims Court"; and (C) by striking out "$10" and inserting in lieu thereof "$60". (2) Subsections (b) and (c) of section 2520 of title 28, United States Code, are repealed. (3) The section heading of section 2520 of title 28, United States Code, is amended by striking out "; cost of printing record". (4) The item relating to section 2520 in the section analysis of chapter 165 of title 28, United States Code, is amended to read as follows: "2520. Fees.".

(o)(l) The item relating to chapter 165 in the chapter analysis of part VI of title 28, United States Code, is amended to read as follows: "165. United States Claims Court Procedure

Fees and costs, collection. 28 USC 1926.

2501".

(2) The chapter heading of chapter 165 of title 28, United States Code, is amended by striking out "COURT OF CLAIMS" and inserting in lieu thereof "UNITED STATES CLAIMS COURT". (p)(l) Section 1926 of title 28, United States Code, is amended to read as follows: "§ 1926. Claims Court "(a) The Judicial Conference of the United States shall prescribe from time to time the fees and costs to be charged and collected in the United States Claims Court. "(b) The court and its officers shall collect only such fees and costs as the Judicial Conference prescribes. The court may require advance payment of fees by rule.. (2) The item relating to section 1926 in the section analysis of chapter 123 of title 28, United States Code, is amended to read as follows: "1926. Claims Court.".

28 USC 2522.

(q)(l) Chapter 165 of title 28, United States Code, is amended by adding at the end thereof the following new section: "§ 2522. Notice of appeal "Review of a decision of the United States Claims Court shall be obtained by filing a notice of appeal with the clerk of the Claims Court within the time and in the manner prescribed for appeals to United States courts of appeals from the United States district courts.". (2) The section analysis of chapter 165 of title 28, United States Code, is amended by adding at the end thereof the following new item: "2522. Notice of appeal.". REPEAL OF PROVISIONS RELATING TO THE COURT OF CUSTOMS AND PATENT APPEALS

28 USC 2601 et seq.

SEC. 140. Chapter 167 of title 28, United States Code, and the item relating to chapter 167 in the chapter analysis of part VI of such title, are repealed.

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COURT OF INTERNATIONAL TRADE; PROCEDURE

SEC. 141. Section 2645(c) of title 28, United States Code, is amended by striking out "Customs and Patent Appeals within the time and in the manner provided in section 2601 of this title" and inserting in lieu thereof Appeals for the Federal Circuit by filing a notice of appeal with the clerk of the Court of International Trade within the time and in the manner prescribed for appeals to United States courts of appeals from the United States district courts". FEDERAL RULES OF EVIDENCE

SEC. 142. Rule 1101(a) of the Federal Rules of Evidence is 28 USC app. amended by striking out "Court of Claims" the first place it appears and inserting in lieu thereof "United States Claims Court" and by striking out "and commissioners of the Court of Claims". PART B—CONFORMING AMENDMENTS OUTSIDE TITLE 28 FEDERAL SALARY ACT

SEC. 143. Section 225(f)(C) of the Federal Salary Act of 1967 (2 U.S.C. 356(C)), is amended by inserting "and the judges of the United States Claims Court" immediately before the semicolon at the end thereof. MERIT SYSTEMS PROTECTION BOARD

SEC. 144. Section 7703 of title 5, United States Code, is amended— (1) in subsection (b)(1), by striking out "Court of Claims or a United States court of appeals as provided in chapters 91 and 158, respectively, of title 28" and inserting in lieu thereof "United States Court of Appeals for the Federal Circuit"; (2) in subsection (c), by striking out "Court of Claims or a United States court of appeals" and inserting in lieu thereof "Court of Appeals for the Federal Circuit"; and (3) in subsection (d), by striking out "District of Columbia" and inserting in lieu thereof "Federal Circuit". PLANT VARIETY PROTECTION ACT

SEC. 145. The second sentence of section 71 of the Plant Variety Protection Act (7 U.S.C. 2461) is amended to read as follows: "The United States Court of Appeals for the Federal Circuit shall have jurisdiction of any such appeal.". FEDERAL FIRE PREVENTION ACT

SEC. 146. Section 11(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2210(d)) is amended by striking out "Court of Claims of the United States" and inserting in lieu thereof "United States Claims Court". CRIMINAL CODE

SEC. 147. Section 204 of title 18, United States Code, and the section heading thereof are amended by striking out "Court of

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PUBLIC LAW 97-164—APR. 2, 1982 Claims" and inserting in lieu thereof "United States Claims Court or the United States Court of Appeals for the Federal Circuit". TRADEMARK ACT

SEC. 148. Section 39 of the Trademark Act of 1946 (15 U.S.C. 1121) is amended by inserting "(other than the United States Court of Appeals for the Federal Circuit)" after "circuit courts of appeal of the United States". INDIAN CLAIMS COMMISSION

Ante, p. 37.

SEC. 149. (a) Section 29 of the Act entitled "An Act to create an Indian Claims Commission, to provide for the powers, duties, and functions thereof, and for other purposes", approved August 13, 1946 (25 U.S.C. 70v-3), is amended by striking out "Court of Claims" each place it appears and inserting in lieu thereof "Claims Court". (b) Subsection (c) of section 29 of such Act is repealed. (c) Subsection (d) of section 29 of such Act is amended— (1) by striking out "(d)" and inserting in lieu thereof "(c)"; and (2) by striking out "Supreme Court in accordance with the provisions of section 1255" and inserting in lieu thereof "United States Court of Appeals for the Federal Circuit in accordance with the provisions of section 1295". (d) Subsection (e) of section 29 of such Act is amended by striking out "(e)" and inserting in lieu thereof "(d)". CLAIMS BY INDIANS OF CALIFORNIA

S E C 150. Section 2 of the Act of May 18, 1928 (25 U.S.C. 652) is amended— (1) by striking out "Court of Claims" the first place it appears and inserting in lieu thereof "United States Claims Court"; (2) by striking out "Court of Claims of the United States" and inserting in lieu thereof "United States Claims Court"; and (3) by striking out "Supreme Court of the United States" and inserting in lieu thereof "United States Court of Appeals for the Federal Circuit". INTERNAL REVENUE CODE

S E C 151. Section 7422(e) of the Internal Revenue Code of 1954 (26 U.S.C. 7422(e)) is amended by striking out "Court of Claims" each place it appears and inserting in lieu thereof "United States Claims Court". INTERNAL REVENUE CODE

26 USC 7428.

S E C 152. Section 7428 of the Internal Revenue Code of 1954 is amended by striking out "Court of Claims" each place it appears and inserting in lieu thereof "Claims Court".

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INTERNAL REVENUE CODE

SEC. 153. (a) The second sentence of section 7456(c) of the Internal Revenue Code of 1954 is amended to read as follows: "Each commissioner shall receive pay at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of title 28, United States Code, and also necessary traveling expenses and per diem allowances, as provided in subchapter I of chapter 57 of title 5, United States Code, while traveling on official business and away from Washington, District of Columbia.". (b) Notwithstanding the amendment made by subsection (a), until such time as a change in the salary rate of a commissioner of the United States Tax Court occurs in accordance with section 7456(c) of the Internal Revenue Code of 1954, the salary of such commissioner shall be equal to the salary of a commissioner of the Court of Claims immediately prior to the effective date of this Act.

26 USC 7456.

5 USC 5701. 26 USC 7456 ^°^-

INTERNAL REVENUE CODE

SEC. 154. Section 7482(a) of the Internal Revenue Code of 1954 is 26 USC 7482. amended by inserting "(other than the United States Court of Appeals for the Federal Circuit)" after "United States Court of Appeals". APPROPRIATION FOR JUDGMENTS AGAINST UNITED STATES

SEC. 155. Section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), is amended by striking out "Court of Claims" and inserting in lieu thereof "Court of Appeals for the Federal Circuit or the United States Claims Court". CONTRACT DISPUTES

SEC. 156. Section 8(g)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 607(g)(1)) is amended— (1) in subparagraph (A), by striking out "Court of Claims" and inserting in lieu thereof "United States Court of Appeals for the Federal Circuit"; and (2) in subparagraph (B), by striking out "United States Court of Claims for judicial review, under section 2510 of title 28, United States Code, as amended herein," and inserting in lieu thereof "Court of Appeals for the Federal Circuit for judicial review under section 1295 of title 28, United States Code,". Ante, p. 37. CONTRACT DISPUTES

SEC. 157. Section 10(c) of the Contract Disputes Act of 1978 (41 U.S.C. 609(c)) is amended by striking out ", or, in its discretion" and all that follows through "of the case". CONGRESSIONAL PRINTING

SEC. 158. Section 713 of title 44, United States Code, is amended— (1) by striking out "eight hundred and twenty-two" and inserting in lieu thereof "eight hundred and twenty";

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PUBLIC LAW 97-164—APR. 2, 1982 (2) by inserting "and" after "Superintendent of Documents;"; and (3) by striking out "to the Court of Claims, two copies; and". EXECUTIVE AND JUDICIARY PRINTING

SEC. 159. Section 1103 of title 44, United States Code, is amended by striking out "the Court of Claims," and by striking out "chief judge of the Court of Claims,". CONFORMING AMENDMENTS

25 USC 1401, 1402.

26 USC 6110.

SEC. 160. (a) The following provisions of law are amended by striking out "Court of Claims" each place it appears and inserting in lieu thereof "United States Claims Court": (1) Sections 1 and 2 of the Act of October 19, 1973 (87 Stat. 466). (2) Section 8715 of title 5, United States Code. (3) Section 8912 of title 5, United States Code. (4) Section 2273(b) of title 10, United States Code. (5) Section 337(i) of the Tariff Act of 1930 (19 U.S.C. 1337(i)). (6) Section 606(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2356(a)). (7) Section 1 of the Act entitled "An Act providing for the allotment and distribution of Indian tribal funds", approved March 2, 1907 (25 U.S.C. 119). (8) Section 2 of the Act of August 12, 1935 (25 U.S.C. 475a). (9) Section 6110(i)(l) of the Internal Revenue Code of 1954. (10) Section 2 of the Act of May 28, 1908 (30 U.S.C. 193a). (11) Section 7 of the Act of July 31, 1894 (31 U.S.C. 72). (12) Section 183 of title 35, United States Code. (13) Section 104(c) of the Contract Work Hours and Safety Standards Act (40 U.S.C. 330(c)). (14) Sections 13(b)(2) and 14 of the Contract Settlement Act of 1944 (41 U.S.C. 113(b) and 114). (15) Sections 8(d) and 10(d) of the Contract Disputes Act of 1978 (41 U.S.C. 607(d) and 609(d)). (16) Sections 171 and 173 of the Atomic Energy Act of 1954 (42 U.S.C. 2221 and 2223). (17) Section 10(i) of the Trading with the Enemy Act (50 U.S.C. App. 10(i)). (18) Sections 103(f), 103(i), 105, 106(a)(6), 108, 108A, and 114(5) of the Renegotiation Act of 1951 (50 U.S.C. App. 1213(f), 1213(i), 1215, 1216(a)(6), 1218, 1218a, and 1224(5)). (19) Section 4 of the Act of July 2, 1948 (50 U.S.C. App. 1984). (b) The section heading of section 108A of the Renegotiation Act of 1951 (50 U.S.C. App. 1218a) is amended by striking out "COURT OF CLAIMS" and inserting in lieu thereof "UNITED STATES C L A I M S C O U R T ".

(c) Section 108A of the Renegotiation Act of 1951 (50 U.S.C. App. 1218a) is amended by striking out "Supreme Court upon certiorari in the manner provided in section 1255" and inserting in lieu thereof "United States Court of Appeals for the Federal Circuit in accordance with the provisions of section 1295".

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CONFORMING AMENDMENTS

SEC. 161. The following provisions of law are amended by striking out "Court of Claims" each place it appears and inserting in lieu thereof "Claims Court": (1) Section 4(c) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(c)). (2) Section 20 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831s). (3) Section 403 of the International Claims Settlement Act of 1949 (22 U.S.C. 1642b). (4) Section 2(a) of the Act of May 15, 1978 (92 Stat. 244). (5) Section 311(i) of the Federal Water Pollution Control Act (33 U.S.C. 1321(i)). (6) Section 10(b) of the Intervention on the High Seas Act (33 U.S.C. 1479(b)). (7) Section 282 of title 35, United States Code. (8) Section 5261 of the Revised Statutes (45 U.S.C. 87). (9) Section 41(a) of the Trading with the Enemy Act (50 U.S.C. App. 42(a)). (10) Section 10(a)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 609(a)(1)). CONFORMING AMENDMENTS

SEC. 162. The following provisions of law are amended by striking out "United States Court of Customs and Patent Appeals" and "Court of Customs and Patent Appeals" each place they appear and inserting in lieu thereof "United States Court of Appeals for the Federal Circuit"* (1) Section 21 of the Trademark Act of 1946 (15 U.S.C. 1071). (2) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182). (3) Section 305(d) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457(d)). CONFORMING AMENDMENTS

SEC. 163. (a) The following provisions of law are amended by striking out "Court of Customs and Patent Appeals" each place it appears and inserting in lieu thereof "Court of Appeals for the Federal Circuit": (1) Subsections (d) and (f) of section 516 of the Tariff Act of 1930 (19 U.S.C. 1516 (d) and (f)). (2) Section 516A (c) and (e) of the Tariff Act of 1930 (19 U.S.C. 1516a (c) and (e)). (3) Section 528 of the Tariff Act of 1930 (19 U.S.C. 1528). (4) Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(c)). (5) Section 284(c) of the Trade Act of 1974 (19 U.S.C. 2395(c)). (6) Section 308(9) of the Ethics in Government Act (28 U.S.C. App.). (7) Sections 141 through 146 of title 35, United States Code. (b)(1) The item relating to section 141 in the section analysis of chapter 13 of title 35, United States Code, is amended by striking 35 USC 141 out "Court of Customs and Patent Appeals" and inserting in lieu ^* *^9thereof "Court of Appeals for the Federal Circuit".

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PUBLIC LAW 97-164—APR. 2, 1982 (2) The section heading of section 141 of title 35, United States Code, is amended by striking out "Court of Customs and Patent Appeals" and inserting in lieu thereof "Court of Appeals for the Federal Circuit". CONFORMING AMENDMENTS

SEC. 164. The following provisions of law are amended by striking out "the United States Court of Claims, the United States Court of Customs and Patent Appeals" each place it appears and inserting in lieu thereof "the United States Claims Court': (1) Section 6001(4) of title 18, United States Code. (2) Section 906 of title 44, United States Code. PART C—MISCELLANEOUS PROVISIONS CONTINUED SERVICE OF CURRENT JUDGES

28 USC 44 note.

SEC. 165. The judges of the United States Court of Claims and of the United States Court of Customs and Patent Appeals in regular active service on the effective date of this Act shall continue in office as judges of the United States Court of Appeals for the Federal Circuit. Senior judges of the United States Court of Claims and of the United States Court of Customs and Patent Appeals on the effective date of this Act shall continue in office as senior judges of the United States Court of Appeals for the Federal Circuit. APPOINTMENT OF CHIEF JUDGE OF COURT OF APPEALS FOR THE FEDERAL CIRCUIT

28 USC 45 note. Post, p. 51.

SEC. 166. Notwithstanding the provisions of section 45(a) of title 28, United States Code, the first chief judge of the United States Court of Appeals for the Federal Circuit shall be the Chief Judge of the United States Court of Claims or the Chief Judge of the United States Court of Customs and Patent Appeals, whoever has served longer as chief judge of his court. Notwithstanding section 45 of title 28, United States Code, whichever of the two chief judges does not become the first chief judge of the United States Court of Appeals for the Federal Circuit under the preceding sentence shall, while in active service, have precedence and be deemed senior in commission over all the circuit judges of the United States Court of Appeals for the Federal Circuit (other than the first chief judge of that circuit). When the person who first serves as chief judge of the United States Court of Appeals for the Federal Circuit vacates that position, the position shall be filled in accordance with section 45(a) of title 28, United States Code, as modified by the preceding sentence of this section. COURT OF CLAIMS COMMISSIONERS

Judge, U.S. Claims Court. 28 USC 171 note. Term of office.

SEC. 167. (a) Notwithstanding the provisions of section 171(a) of title 28, United States Code, as amended by this Act, a commissioner of the United States Court of Claims serving immediately prior to the effective date of this Act shall become a judge of the United States Claims Court on the effective date of this Act. (b) Notwithstanding the provisions of section 172(a) of title 28, United States Code, as amended by this Act, the initial term of office of a person who becomes a judge of the United States Claims

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Court under subsection (a) of this section shall expire fifteen years Salary. after the date of his or her employment with the United States Court of Claims, or on October 1, 1986, whichever occurs earlier. Any such judge shall continue in office until a successor is sworn or until reappointed. No such individual shall serve as a judge after reaching the age of seventy years. (c) Notwithstanding the provisions of section 172(b) of title 28, United States Code, as amended by this Act, until such time as a change in the salary rate of a judge of the United States Claims Court occurs in accordance with such section 172(b), the salary of such judge shall be equal to the salary of a Commissioner of the Court of Claims. APPOINTMENT OF JUDGES BY THE PRESIDENT

SEC. 168. The Congress— (1) takes notice of the fact that the quality of the Federal judiciary is determined by the competence and experience of its judges; and (2) suggests that the President, in nominating individuals to judgeships on the United States Court of Appeals for the Federal Circuit and the United States Claims Court, select from a broad range of qualified individuals.

28 USC 44 note.

TENNESSEE VALLEY AUTHORITY LEGAL REPRESENTATION

SEC. 169. Nothing in this Act affects the authority of the Tennes- 28 USC 171 note, see Valley Authority under the Tennessee Valley Authority Act of 1933 to represent itself by attorneys of its choosing. 16 USC 831. TITLE II—GOVERNANCE AND ADMINISTRATION OF THE FEDERAL COURTS PART A—CHIEF JUDGE TENURE APPOINTMENT AND TERMS OF CHIEF JUDGES OF THE COURTS OF APPEALS

SEC. 201. (a) Section 45 of title 28, United States Code, is amended by amending subsection (a) to read as follows: "(a)(1) The chief judge of the circuit shall be the circuit judge in regular active service who is senior in commission of those judges who— "(A) are sixty-four years of age or under; "(B) have served for one year or more as a circuit judge; and "(C) have not served previously as chief judge. "(2)(A) In any case in which no circuit judge meets the qualifications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or more shall act as the chief judge. "(B) In any case under subparagraph (A) in which there is no circuit judge in regular active service who has served as a circuit judge for one year or more, the circuit judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge. "(3)(A) Except as provided in subparagraph (C), the chief judge of the circuit appointed under paragraph (1) shall serve for a term of

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PUBLIC LAW 97-164—APR. 2, 1982 seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the circuit. "(B) Except as provided in subparagraph (C), a circuit judge acting as cmef judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1). "(C) No circuit judge may serve or act as chief judge of the circuit after attaining the age of seventy years unless no other circuit judge is qualified to serve as chief judge of the circuit under paragraph (1) or is qualified to act as chief judge under paragraph (2).". (b) Section 45 of title 28, United States Code, is amended by eunending subsection (c) to read as follows: "(c) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as circuit judge, he may so certify to the Chief Justice of the United States, and thereafter the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a).". APPOINTMENT AND TERMS OF CHIEF JUDGES OF THE DISTRICT COURTS

SEC. 202. (a) Section 136 of title 28, United States Code, is amended by amending subsection (a) to read as follows: "(a)(1) In any district having more than one district judge, the chief judge of the district shall be the district judge in regular active service who is senior in commission of those judges who— "(A) are sixty-four years of age or under; "(B) have served for one year or more as a district judge; and "(C) have not served previously as chief judge. "(2)(A) In any case in which no district judge meets the qualifications of paragraph (1), the youngest district judge in regular active service who is sixty-five years of age or over and who has served as district judge for one year or more shall act as the chief judge, "(B) In any case under subparagraph (A) in which there is no district judge in regular active service who has served as a district judge for one year or more, the district judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge. "(3)(A) Except as provided in subparagraph (C), the chief judge of the district appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the district. "(B) Except as provided in subparagraph (C), a district judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1). "(C) No district judge may serve or act as chief judge of the district after attaining the age of seventy years unless no other district judge is qualified to serve as chief judge of the district under paragraph (1) or is qualified to act as chief judge under paragraph (2).". (b) Section 136 of title 28, United States Code, is amended by amending subsection (d) to read as follows: "(d) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as district judge, he may so certify to the Chief Justice of the United States, and thereafter, the

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chief judge of the district shall be such other district judge who is qualified to serve or act as chief judge under subsection (a).". EFFECTIVE DATE; APPLICABILITY

SEC. 203. (a) The amendments to section 45 of title 28, United 28 USC 45 note. States Code, and to section 136 of such title, made by sections 201 and 202 of this Act, shall not apply to or affect any person serving as chief judge on the effective date of this Act. (b) The provisions of section 45(a) of title 28, United States Code, Ante, p. 51. as in effect on the day before the effective date of this Act, shall apply to the chief judge of a circuit serving on such effective date. The provisions of section 136(a) of title 28, United States Code, as Ante, p. 52. in effect on the day before the effective date of this part, shall apply to the chief judge of a district court serving on such effective date. PART B—PRECEDENCE AND COMPOSITION OF PANEL PRECEDENCE ON PANEL

SEC. 204. Section 45(b) of title 28, United States Code, is amended by inserting "of the court in regular active service" immediately after "circuit judges" in the second sentence. COMPOSITION O F PANEL; REQUIREMENTS AND SIZE

SEC. 205. Section 46(c) of title 28, United States Code, is amended by striking out the period at the end of the second sentence and inserting in lieu thereof the following: ", or such number of judges as may be prescribed in accordance with section 6 of Public Law 95-486 (92 Stat. 1633), except that any senior circuit judge of the circuit shall be eligible to participate, at his election and upon designation and assignment pursuant to section 294(c) of this title and the rules of the circuit, as a member of an in banc court reviewing a decision of a panel of which such judge was a member.". PART C—JUDICIAL COUNCILS OF THE CIRCUITS TECHNICAL AND CONFORMING AMENDMENTS

SEC. 206. (a) Section 3006A(h)(2)(A) of title 18, United States Code, is amended— (1) by striking out "judicial council" each place it appears and inserting in lieu thereof "court of appeals"; and (2) by striking out "Judicial Council of the Circuit" and inserting in lieu thereof "court of appeals of the circuit". (b) Section 3006A(i) of title 18, United States Code, is amended by striking "judicial council" and inserting in lieu thereof "court of appeals". (c) The amendment made by subsection (a) of this section shall 18 USC 3006A note. not affect the terms of existing appointments.

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PUBLIC LAW 97-164—APR. 2, 1982 PART D—-JUDICIAL RESIGNATION; PENSIONS PENSIONS OP JUDGES WHO RESIGN TO ACCEPT EXECUTIVE POSITIONS

26 USC 402.

SEC. 207. (a) Section 8332(b) of title 5, United States Code, is amended by striking out "and" at the end of paragraph (10), by striking out the period at the end of paragraph (11) and inserting in lieu thereof "; and", and by inserting at the end thereof the following new paragraph: "(12) service as a justice or judge of the United States, as defined by section 451 of title 28, and service as a judge of a court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, but no credit shall be allowed for such service if the employee is entitled to a salary or an annuity under section 371, 372, or 373 of title 28.". 0>) Section 8334 of title 5, United States Code, is amended by inserting at the end thereof the following new subsection: "(i)(l) The Director of the Administrative Office of the United States Courts shall pay to the Fund the amount which an employee may deposit under subsection (c) of this section for service creditable under section 8332(b)(12) of this title if such creditable service immediately precedes service as an employee subject to this subchapter with a break in service of no more than ninety working days. The Director shall pay such amount from any appropriation available to him as a necessary expense of the appropriation concerned. "(2) The amount the Director pays in accordance with paragraph (1) of this subsection shall be reduced by the amount of any refund to the employee under section 376 of title 28. Except to the extent of such reduction, the amount the Director pays to the Fund shall satisfy the deposit requirement of subsection (c) of this section. "(3) Notwithstanding any other provision of law, the amount the Director pays under this subsection shall constitute an employer contribution to the Fund, excludable under section 402 of the Internal Revenue Code of 1954 from the employee's gross income until such time as the contribution is distributed or made available to the employee, and shall not be subject to refund or to lump-sum payment to the employee.". PART E—RULES OF PRACTICE PUBLICATION OF RULES

SEC. 208. (a) Chapter 131 of title 28, the United States Code, is amended by adding at the end thereof the following new section: 28 USC 2077.

"§ 2077. Publication of rules; advisory committees "(a) The rules for the conduct of the business of each court of appeals, including the operating procedures of such court, shall be published. Each court of appeals shall print or cause to be printed necessary copies of the rules. The Judicial Conference shall prescribe the fees for sales of copies under section 1913 of this title, but the Judicial Conference may provide for free distribution of copies to members of the bar of each court and to other interested persons.

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"(b) Each court of appeals shall appoint an advisory committee for the study of the rules of practice and internal operating procedures of the court of appeals. The advisory committee shall make recommendations to the court concerning such rules and procedures. Members of the committee shall serve without compensation, but the Director may pay travel and transportation expenses in accordance with section 5703 of title 5.". (b) The section analysis of chapter 131 of title 28, United States Code, is amended by adding at the end thereof the following new item: "2077. Publication of rules; advisory committees.".

TITLE m-JURISDICTION AND PROCEDURE PART A—TRANSFER OF CASES TRANSFER TO CURE WANT OF JURISDICTION

SEC. 301. (a) Title 28, United States Code, is amended by adding the following new chapter after chapter 97:

"CHAPTER 99.-GENERAL PROVISIONS

"Sec. "1631. Transfer to cure want of jurisdiction.

28 USC I63i. "Whenever a civil action is filed in a court as defined in section 610 of this title or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred.". (b) The chapter analysis of part IV of title 28, United States Code, is amended by adding at the end thereof the following: "99. General Provisions
 * '§ 1631. Transfer to cure want of jurisdiction

1631". PART B—INTEREST INTEREST ON JUDGMENTS

SEC. 302. (a) Section 1961 of title 28, United States Code, is amended— (1) by inserting "(a)" immediately before "Interest shall" in the first sentence; (2) by striking out "at the rate allowed by State law" in the last sentence and inserting in lieu thereof the following: "at a rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately prior to the date of the judgment. The Director of the Administrative Office of the United

97-200 O—84—pt. 1

4: QL3

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26 USC 6621.

PUBLIC LAW 97-164—APR. 2, 1982 States Courts shall distribute notice of that rate and any changes in it to all Federal judges"; and (3) by adding at the end thereof the following new subsections: "(b) Interest shall be computed daily to the date of payment except as provided in section 2516(b) of title 28, United States Code, and section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), and shall be compounded annually. "(c)(1) This section shall not apply in any judgment of any court with respect to any internal revenue tax case. Interest shall be allowed in such cases at a rate established under section 6621 of the Internal Revenue Code of 1954. "(2) Except as otherwise provided in paragraph (1) of this subsection, interest shall be allowed on all final judgments against the United States in the United States Court of Appeals for the Federal circuit, at the rate provided in subsection (a) and as provided in subsection (b). "(3) Interest shall be allowed, computed, and paid on judgments of the United States Claims Court only as provided in paragraph (1) of this subsection or in any other provision of law. "(4) This section shall not be construed to affect the interest on any judgment of any court not specified in this section.". (b) Section 2411 of title 28, United States Code, is amended— (1) in subsection (a) by striking out "(a)"; and (2) by repealing subsection (b). (c) Section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), is amended by striking out "to which the provisions of section 2411(b) of Title 28 apply". (d) Section 2516(b) of title 28, United States Code, is amended by striking out "at the rate of four percent per annum" and all that follows through "affirmance" and inserting in lieu thereof ", from the date of the filing of the transcript of the judgment in the General Accounting Office to the date of the mandate of the affirmance, at a rate of interest equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately prior to the date of the judgment". TITLE IV—MISCELLANEOUS PROVISIONS DISTRICT COURT REPORTERS

Recording methods.

SEC. 401. (a) Section 753(b) of title 28, United States Code, shall be amended to read as follows: "(b) Each session of the court and every other proceeding designated by rule or order of the court or by one of the judges shall be recorded verbatim by shorthand, mechanical means, electronic sound recording, or any other method, subject to regulations promulgated by the Judicial Conference and subject to the discretion and approval of the judge. The regulations promulgated pursuant to the preceding sentence shall prescribe the types of electronic sound recording or other means which may be used. Proceedings to be recorded under this section include (1) all proceedings in criminal cases had in open court; (2) all proceedings in other cases had in open court unless the parties with the approval of the judge shall agree specifically to the contrary; and (3) such other proceed-

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 PUBLIC LAW 97-164—APR. 2, 1982 ings as a judge of the court may direct or as may be required by rule or order of court as may be requested by any party to the proceeding. "The reporter or other individual designated to produce the record shall attach his official certificate to the original shorthand notes or other original records so taken and promptly file them with the clerk who shall preserve them in the public records of the court for not less than ten years. "The reporter or other individual designated to produce the record shall transcribe and certify such parts of the record of proceedings as may be required by any rule or order of court, including all arraignments, pleas, and proceedings in connection with the imposition of sentence in criminal cases unless they have been recorded by electronic sound recording as provided in this subsection and the original records so taken have been certified by him and filed with the clerk as provided in this subsection. He shall also transcribe and certify such other parts of the record of proceedings as may be required by rule or order of court. Upon the request of any party to any proceeding which has been so recorded who has agreed to pay the fee therefor, or of a judge of the court, the reporter or other individual designated to produce the record shall promptly transcribe the original records of the requested parts of the proceedings and attach to the transcript his official certificate, and deliver the same to the party or judge making the request. "The reporter or other designated individual shall promptly deliver to the clerk for the records of the court a certified copy of any transcript so made. "The transcript in any case certified by the reporter or other individual designated to produce the record shall be deemed prima facie a correct statement of the testimony taken and proceedings had. No transcripts of the proceedings of the court shall be considered as official except those made from the records certified by the reporter or other individual designated to produce the record. "The original notes or other original records and the copy of the transcript in the office of the clerk shall be open during office hours to inspection by any person without charge.". (b) The regulations promulgated by the Judicial Conference pursuant to subsection (b) of section 753 of title 28, as amended by subsection (a) of this section, shall not take effect before one year after the effective date of this Act. During the one-year period after the date of the enactment of this Act, the Judicial Conference shall experiment with the different methods of recording court proceedings. Prior to the effective date of such regulations, the law and regulations in effect the day before the date of enactment of this Act shall remain in full force and effect.

96 STAT. 57

Record preservation.

Transcripts.

Records, inspection availability. Regulations, effective date. 28 USC 753 note.

EFFECTIVE DATE

SEC. 402. Unless otherwise specified, the provisions of this Act 28 USC 171 note, shall take effect on October 1, 1982. EFFECT ON PENDING CASES

SEC. 403. (a) Any case pending before the Court of Claims on the 28 USC 171 note, effective date of this Act in which a report on the merits has been filed by a commissioner, or in which there is pending a request for

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PUBLIC LAW 97-164—APR. 2, 1982 review, and upon which the court has not acted, shall be transferred to the United States Court of Appeals for the Federal Circuit. (b) Any matter pending before the United States Court of Customs and Patent Appeals on the effective date of this Act shall be transferred to the United States Court of Appeals for the Federal Circuit. (c) Any petition for rehearing, reconsideration, alteration, modification, or other change in any decision of the United States Court of Claims or the United States Court of Customs and Patent Appeals rendered prior to the effective date of this Act that has not been determined by either of those courts on that date, or that is tiled after that date, shall be determined by the United States Court of Appeals for the Federal Circuit. (d) Any matter pending before a commissioner of the United States Court of Claims on the effective date of this Act, or any pending dispositive motion that the United States Court of Claims has not determined on that date, shall be determined by the United States Claims Court. (e) Any case in which a notice of appeal has been filed in a district court of the United States prior to the effective date of this Act shall be decided by the court of appeals to which the appeal was taken. Approved April 2, 1982.

LEGISLATIVE HISTORY—H.R. 4482 (S. 1700): HOUSE REPORT No. 97-312 (Comm. on the Judiciary). SENATE REPORT No. 97-275 accompanying S. 1700 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 127 (1981): Nov. 17, 18, considered and passed House. Dec. 8, S. 1700 considered and passed Senate; proceedings vacated and H.R. 4482, amended, passed in lieu. Vol. 128 (1982): Mar. 9, House concurred in Senate amendment, with an amendment. Mar. 22, Senate concurred in House amendment.

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Public Law 97-165 97th Congress Joint Resolution To authorize and request the President to issue a proclamation designating April 4 through 10, 1982, "National Medic Alert Week".

Whereas approximately forty million Americans, nearly one-fifth of our Nation's population, are afflicted with diabetes, heart conditions, epilepsy, allergies, or other medical problems the symptoms of which, in emergency situations, are dif&cult to detect or are not readily associated with such medical problems; and Whereas many such Americans suffer avoidable injury or death each year because of the delay which is frequently involved in the proper diagnosis and treatment of such hidden medical problems in emergency situations; and Whereas speciad emergency identification and information services are available which are designed with the needs of victims of such hidden medical conditions specifically in mind; and Whereas these emergency identification and information systems have been credited with saving the lives of more than two thousand people affiicted by hidden medical conditions each year: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating April 4 through 10, 1982, "National Medic Alert Week", and calling upon the people of the United States and upon interested associations and organizations to observe such week with appropriate ceremonies and activities. Approved April 3, 1982.

LEGISLATIVE HISTORY—H.J. Res. 272: CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 11, considered and passed House. Mar. 30, considered and passed Senate.

Apr. 3, 1982 [H.J. Res. 272]

National Medic Alert Week.

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PUBLIC LAW 97-166—APR. 3, 1982 Public Law 97-166 97th Congress Joint Resolution

Apr. 3, 1982 [H.J. Res. 447]

National Day of Reflection.

To authorize and request the President to issue a proclamation designating April 4, 1982, as the "National Day of Reflection".

Whereas the Congress recognizes the historical tradition of ethical values and principles which are the basis of civilized society and upon which our great Nation was founded; Whereas these ethical values and principles which, from the dawn of civilization when they were known as the Seven Noahide Laws, have been the bedrock of society without which the edifice of civilization stands in serious peril of returning to chaos; Whereas society is presently profoundly concerned with the weakening of these principles that has resulted in crises that beleaguer and threaten the fabric of civilized society; and Whereas the justified preoccupation with these crises must not let the citizens of this Nation lose sight of their responsibility of transmitting these historical ethical values from our distinguished past to the generations of the future, and need occasional reminder of this duty and privilege: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is authorized to issue a proclamation designating April 4, 1982, which this year coincides with the eightieth birthday of Rabbi Menachem Mendel Schneerson, universally respected and revered leader and head of the worldwide Lubavitch movement, who has done so much to foster and promote these ethical values and principles, as the "National Day of Reflection". Approved April 3, 1982.

LEGISLATIVE HISTORY—H.J. Res. 447: CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 30, considered and passed House. Mar. 31, considered and passed Senate.

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 PUBLIC LAW 97-167—APR. 6, 1982

96 STAT. 61

Public Law 97-167 97th Congress Joint Resolution Providing for the designation of April 12, 1982, as "American Salute to Cabanatuan Prisoner of War Memorial Day".

Whereas April 9, 1982, is the fortieth anniversary of the fall of Bataan and Corregidor in the Philippines to the Japanese Imperial Army during World War II; Whereas approximately thirty-six thousand Americans were captured by the Japanese at the fall; Whereas these Americans, along with Filipinos captured by the Japanese, were forced to march without food and water for up to ten days on the Bataan Death March to Camp O'Donnell, a prisoner of war camp; Whereas the International War Crimes Commission reports that ten thousand three hundred people, including women and children, died on that march; Whereas the survivors of that march, along with other Americans and Filipinos captured by the Japanese in the Philippines, were taken to a prisoner of war camp in central Luzon named Cabanatuan; Whereas the treatment of prisoners of war at Cabanatuan was extraordinarily cruel and inhumane and resulted in the death of over three thousand American prisoners of war during the period beginning May 1942 and ending February 1945; Whereas the prisoners of war at Cabanatuan were liberated on September 2, 1945; Whereas of the thirty-six thousand Americans who were captured at the fall of Bataan and Corregidor, only between six thousand to seven thousand survived until such date of liberation; and Whereas approximately three thousand fifteen Americans who survived the Bataan Death March and imprisonment at Cabanatuan are living today: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Presi-

Apr. 6, 1982 [H.J. Res. 435]

American Salute to Cabanatuan Prisoner of War Memorial Day.

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 96 STAT. 62

PUBLIC LAW 97-167—APR. 6, 1982 dent is directed to issue a proclamation designating April 12, 1982, as "American Salute to Cabanatuan Prisoner of War Memorial Day" and csdling on the people of the United States to observe such day with appropriate ceremonies and activities. Approved April 6, 1982.

LEGISLATIVE HISTORY—H.J. Res. 435: CONGRESSIONAL RECORD, Vol. 128 (1982): Apr. 1, considered and passed House and Senate.

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 PUBLIC LAW 97-168—APR. 6, 1982

96 STAT. 63

Public Law 97-168 97th Congress An Act To authorize the exchange of certain lands in Idaho and Wyoming.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the Secretary of Agriculture (hereinafter referred to as the "Secretary") is hereby authorized to exchange the parcel of land and improvements described in section 2 (parcel A) currently owned by the United States, for the parcel of land described in section 3 (parcel B) and any improvements thereon, currently owned by Richard Hendricks of Preston, Idaho. Such exchange shall be made without additional consideration and in lieu of receiving monetary payment. SEC. 2. For the purposes of this Act, parcel A shall consist of the following described tract of land consisting of approximately 81.78 acres: Township 33 north, range 119 west, 6th principal meridian, Lincoln County, Wyoming, section 14, southeast quarter northwest quarter and southwest quarter northeast quarter, containing approximately 80 acres, and township 35 north, range 119 west, 6th principal meridian, Lincoln County, Wyoming, section 28, beginning at the southwest corner of lot 2, thence north 15 rods, thence east 19 rods, thence south 15 rods, thence west 19 rods to the point of beginning. SEC. 3. For the purpose of this Act, parcel B shall consist of the following described tract of land, consisting of approximately 5.9 acres: That portion of the southeast quarter southwest quarter of section 8, township 9 south, range 42 east, Boise meridian, Caribou County, Idaho, beginning at the southeast corner of the southeast quarter southwest quarter of section 8, thence west 306 feet, more or less, to an intersection with the easterly right-of-way of the Oregon Shortline Railroad, said point being 100 feet easterly measured at right angles from the centerline of the main track of said railroad, thence north 7 degrees 10 minutes east, being parallel to and 100 feet easterly from said centerline of main track, 131 feet to a point of spiral; thence northerly along a curve to the left, the said centerline of main track has a spiral angle of 3 degrees 30 minutes with 6x38 foot chords, a distance of 232 feet to a point of spiral curve; thence along a curve to the left with a radius of 2,010.1 feet a distance of 520 feet; thence south 87 degrees 22 minutes east a distance of 269 feet, thence north 428 feet, more or less; thence east 30 feet; thence south along the east line of said southeast quarter southwest quarter 1,320 feet, more or less, to the point of beginning. SEC. 4. Upon the conveyance of parcel B and any improvements thereon from Richard Hendricks by warranty deed to the United States acting through the Secretary, the Secretary is authorized and directed to convey by quitclaim deed, all right, title, and interest of the United States in parcel A to Richard Hendricks: Provided, That the conveyance of parcel A shall be subject to valid

Apr. 6, 1982 [S. 634] Idaho and Wyoming. Land exchange.

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 96 STAT. 64

PUBLIC LAW 97-168—APR. 6, 1982

Administration.

existing rights of third parties and a reservation by the United States of all minercd interests and of the existing road right of way in land section 14: And provided further. That the conveyance of parcel B to the United States may be subject to a reservation of all mineral interests therein to Richard Hendricks. SEC. 5. The lands acquired by the Secretary by this Act shall, upon acquisition, become part of the Caribou National Forest and shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System. Approved April 6, 1982.

LEGISLATIVE HISTORY—S. 634: HOUSE REPORT No. 97-439 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-182 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 127 (1981): Sept. 22, considered and passed Senate. Vol. 128 (1982): Mar. 16, considered and passed House, amended. Mar. 25, Senate concurred in House amendments.

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 PUBLIC LAW 97-169—APR. 6, 1982

96 STAT. 65

Public Law 97-169 97th Congress Joint Resolution To authorize and request the President to designate the month of April 1982 as "Parliamentary Emphasis Month".

—Apr, b, laa^— [S.J. Res. 102]

Whereas the use of parliamentary procedure in the meetings of private and public organizations in this country promotes orderly deliberation and protects both individual rights and majority rule, cardinal principles of governance in the United States; and Whereas April is the birth month of Thomas Jefferson, author of the first comprehensive manual on parliamentary practice in this country: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Presi- Parliamentary dent is authorized and requested to designate the month of April M^ontlT^^ 1982, as "Parliamentary Emphasis Month", to call upon Federal, State and local government agencies, and the people of the United States to observe the month with appropriate programs, ceremonies, and activities, and to urge them to promote democratic processes and efficient organization of meetings through parliamentary practice. Approved April 6, 1982.

LEGISLATIVE HISTORY—S.J. Res. 102: CONGRESSIONAL RECORD: Vol. 127 (1981): July 29, considered and passed Senate. Vol. 128 (1982): Apr. 1, considered and passed House.

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 96 STAT. 66

PUBLIC LAW 97-170—APR. 12, 1982 Public Law 97-170 97th Congress Joint Resolution

Apr. 12, 1982 [H.J. Res. 410]

Dutch-American Friendship Day.

To designate April 19, 1982, as "Dutch-American Friendship Day".

Whereas on April 19, 1782, in The Hague, the Netherlands, Prince William V of Orange and the States-General officially recognized the ambassadorial credentials of John Adams, thereby establishing formal diplomatic relations between the new government of the United States and the Netherlands; Whereas the diplomatic relationship between the United States and the Netherlands is the longest such relationship between the United States and any foreign country; Whereas the historical relationship between the American and Dutch peoples began approximately four hundred years ago, when the Pilgrims resided in the Netherlands for ten years before sailing to the New World; Whereas Americans of Dutch descent, including Presidents Martin Van Buren, Theodore Roosevelt, and Franklin Delano Roosevelt, have made significant contributions to the United States; and Whereas the bond of friendship between the American and Dutch peoples serves as a model for the good relations that should exist among all peoples of the world: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Confess assembled. That Apnl 19, 1982, hereby is designated "Dutch-American Friendship Day", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved April 12, 1982.

LEGISLATIVE HISTORY—H.J. Res. 410: CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 30, considered and passed House. Mar. 31, considered and passed Senate.

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 PUBLIC LAW 97-171—APR. 13, 1982

96 STAT. 67

Public Law 97-171 97th Congress An Act To amend section 209 of title 18, United States Code, to permit an officer or employee of the United States Government, injured during an assassination attempt, to receive contributions from charitable organizations.

Apr. 13, 1982 [S. 2333]

Be it enacted by the Senate and House of Representatives of the U.S. United States of America in Congress assembled. That section 209 Government officer or of title 18, United States Code, is amended by adding a new subsec- employee injured during tion as follows: "(f) This section does not prohibit acceptance or receipt, by any an assassination attempt, officer or employee injured during the commission of an offense contributions. described in section 351 or 1751 of this title, of contributions or pa3anents from an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1954 and which is exempt 26 USC 501. from taxation under section 501(a) of such Code.". Approved April 18, 1982.

LEGISLATIVE HISTORY—S. 2333: CONGRESSIONAL RECORD, Vol. 128 (1982): Apr. 1, considered and passed Senate and House.

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 96 STAT. 68

PUBLIC LAW 97-172—APR. 16, 1982 Public Law 97-172 97th Congress Joint Resolution

Apr. 16, 1982 [S.J. Res. 67]

To establish National Nurse-Midwifery Week.

Whereas the health and safety of childbearing families is of paramount importance in our society; Whereas nurse-midwives have practiced in this country since coming to the mountains of eastern Kentuck)^ in 1925; Whereas the Federal Government has a long history of support for the nurse-midwifery practice and education; Whereas certified nurse-midwives have demonstrated their ability to give high-quality care to normal mothers and babies throughout the maternity cycle, and their emphasis on health teaching and high-quality care for well mothers and babies makes them a valuable part of the health care team and makes their services increasingly in demand by the public; Whereas nurse-midwifery care has a proven record in reducing infant morbidity and mortality; Whereas nurse-midwifery care has been demonstrated to be cost effective for families and for the Nation; Whereas childbearing families have found nurse-midwives responsive to their wishes for more participatory maternity care; and Whereas the Congress has already recognized the autonomous ractice of certified nurse-midwives under both medicaid and the department of Defense civilian health and medical program of the uniformed services (CHAMPUS): Now, therefore, be it Resolved by the Senate and House of Representatives of the Nationfil Nurse- United States of America in Congress assembled. That Congress Midwifery Week. declares April 19 to 26, 1982, as National Nurse-Midwifery Week, and Congress recognizes the unique contribution that nurse-midwives have made to mothers and babies in the United States during the past half century.

E

Approved April 16, 1982.

LEGISLATIVE HISTORY—S.J. Res. 67: CONGRESSIONAL RECORD: Vol. 127 (1981): Sept. 25, considered and passed Senate. Vol. 128 (1982): Apr. 1, considered and passed House.

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 PUBLIC LAW 97-173—APR. 28, 1982

96 STAT. 69

Public Law 97-173 97th Congress Joint Resolution To authorize and request the President to issue a proclamation designating April 25 through May 2, 1982, as "Jewish Heritage Week".

Apr. 28, 1982 [H.J. Res. 448]

Whereas the Congress recognizes that an understanding of the herit^e of all American ethnic groups contributes to tifie unity of our country; and Whereas intergroup understanding can be further fostered through an appreciation of the culture, history, and traditions of the Jewish community and the contributions of Jews to our country and society and Whereas the months of April and May contain events of m^'or significance in the Jewish calendar—Passover, the anniversary of the Warsaw Ghetto Uprising, Israeli Independence Day, Solidarity Sunday for Soviet Jewry, and Jerusalem Day: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the Presi- ^^^^fh Heritage dent is authorized and requested to issue a proclamation designa- Week. ting April 25 through May 2, 1982, as "Jewish Heritage Week" and calling upon the people of the United States, State and local government agencies, and interested organizations to observe that week with appropriate ceremonies, activities, and programs. Approved April 28, 1982.

LEGISLATIVE HISTORY—H.J. Res. 448: CONGRESSIONAL RECORD, Vol. 128 (1982): Apr. 22, considered and passed House and Senate.

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 96 STAT. 70

PUBLIC LAW 97-174—MAY 4, 1982 Public Law 97-174 97th Congress

An Act May 4, 1982 [S. 266]

To amend title 38, United States Code, to promote greater sharing of health-care resources between the Veterans' Administration and the Department of Defense and to direct the Secretary of Defense and the Administrator of Veterans' Affairs to plan for the provision of health care by the Veterans' Administration during periods of war or national emergency to members of the Armed Forces on active auty; and for other purposes.

Be it enacted by the Senate and House of Representatives of the Veterans' United States of America in Congress assembled, That this Act may Administration and Department be cited as the "Veterans' Administration and Department of Defense Health Resources Sharing and Emergency Operations Act". of Defense Health SEC. 2. (a) The Congress makes the following findings: Resources (1) There are opportunities for greater sharing of the healthSharing and care resources of the Veterans' Administration and the DepartEmergency ment of Defense which would, if achieved, be beneficial to both Operations Act. 38 USC 101 note. veterans and members of the Armed Forces and could result in 38 USC 5011 reduced costs to the Government by minimizing duplication note. and underuse of health-care resources. (2) Present incentives to encourage such sharing of healthcare resources are inadequate. (3) Such sharing of health-care resources can be achieved without a detrimental effect on the primary health-care beneficiaries of the Veterans' Administration and the Department of Defense. 38 USC 5011A (b) The Congress makes the following further findings: note. (1) During and immediately after a period of war or national emergency involving the use of the Armed Forces of the United States in armed conflict, the Department of Defense might not have adequate health-care resources to care for military personnel wounded in combat and other active-duty military personnel. (2) The Veterans' Administration has an extensive, comprehensive health-care system that could be used to assist the Department of Defense in caring for such personnel in such a situation. SEC. 3. (a) Section 5011 of title 38, United States Code, is amended— (1) by inserting "(a)" before "The Administrator" the first place it appears; (2) by striking out "and material" and all that follows through "this title," and inserting in lieu thereof "material, and other resources as may be needed to operate such facilities properly, except that the Administrator may not enter into an agreement that would result (1) in a permanent reduction in the total number of authorized Veterans' Administration hospital beds and nursing home beds to a level below the minimum number of such beds required by section 5010(a)(1) of this 38 USC 5010. title to be authorized, or (2) in a permanent reduction in the total number of such beds operated and maintained to a level

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 PUBLIC LAW 97-174—MAY 4, 1982 below the minimum number of such beds required by such section to be operated and maintained"; and (3) by adding at the end the following new subsections: "(b)(1) In order to promote the sharing of health-care resources between the Veterans' Administration and the Department of Defense (hereinafter in this section referred to as the 'agencies'), there is established an interagency committee to be known as the Veterans' Administration/Department of Defense Health-Care Resources Sharing Committee (hereinafter in this subsection referred to as the 'Committee'). "(2) The Committee shall be composed of— "(A) the Chief Medical Director and such other officers and employees of the Veterans' Administration as the Chief Medical Director may designate; and "(B) the Assistant Secretary of Defense for Health Affairs (hereinafter in this section referred to as the 'Assistant Secretary') and such other officers and employees of the Department of Defense as the Assistant Secretary may designate, except that the size of the Committee shall be mutually determined by the Chief Medical Director and the Assistcmt Secretary. During fiscal years 1982 and 1983, the Chief Medical Director shall be the chairman of the Committee. During fiscal year 1984, the Assistant Secretary shall be the chairman of the Committee. Thereafter, the chairmanship of the Committee shall alternate each fiscal year between the Chief Medical Director and the Assistant Secretary. The agencies shall provide administrative support services for the Committee at a level sufficient for the efficient operation of the Committee and shall share the responsibility for the provision of such services on an equitable basis. "(3) In order to enable the (IJommittee to make recommendations under paragraph (4) of this subsection, the Committee shall on a continuing basis— "(A) review existing policies, procedures, and practices relating to the sharing of health-care resources between the agencies; "(B) identify and assess further opportunities for the sharing of health-care resources between the agencies that would not, in the judgment of the Committee, adversely affect the range of services, the quality of care, or the established priorities for care provided by either agency; "(C) identify changes in policies, procedures, and practices that would, in the judgment of the Committee, promote such sharing of health-care resources between the agencies; "(D) monitor plans of the agencies for the acquisition of additional health-care resources, including the location of new facilities and the acquisition of major equipment, in order to assess the potential impact of such plans on further opportunities for such sharing of health-care resources; and "(E) monitor the implementation of activities designed to promote the sharing of health-care resources between the agencies. "(4) Within nine months of the date of the enactment of this subsection and at such times thereafter as the Committee considers appropriate, the Committee shall make recommendations to the Administrator or the Secretary of Defense, or both, with respect to (A) changes in policies, procedures, and practices that the Committee has identified under paragraph (3)(C) of this subsection pertain-

96 STAT. 71

Veterans' Administration/ Department of Defense HealthCare Resources Sharing Committee. Establishment.

Duties.

Recommendations to VA Administrator or DOD Secretary.

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 96 STAT. 72

Health-care resources sharing guidelines.

10 USC 1071 et

Sharing agreements.

Reimbursement.

Agreement proposals, submittal.

Reimbursement methodology provisions.

PUBLIC LAW 97-174—MAY 4, 1982 ing to the sharing of health-care resources described in such paragraph, and (B) such other matters as the Committee considers appropriate in order to promote such sharing of health-care resources. "(c)(1) After considering the recommendations made under subsection (b)(4) of this section, the Administrator and the Secretary of Defense shall jointly establish guidelines to promote the sharing of health-care resources between the agencies. Guidelines established under this subsection shall provide for such sharing consistent with the health-care responsibilities of the Veterans' Administration under this title and with the health-care responsibilities of the Department of Defense under chapter 55 of title 10 and so as not to adversely affect the range of services, the quality of care, or the established priorities for care provided by either agency. "(2) Guidelines established under paragraph (1) of this subsection shall authorize the heads of individual medical facilities of the agencies to enter into health-care resources sharing agreements in accordance with subsection (d) of this section and shall include guidelines for such agreements. "(d)(1) The head of each medical facility of either agency is authorized to enter into sharing agreements with the heads of medical facilities of the other agency in accordance with guidelines established under subsection (c) of this section. Under any such agreement, an individual who is a primary beneficiary of one agency may be provided health care at a facility of the other agency that is a party to the sharing agreement. "(2) Each such agreement shall identify the health-care resources to be shared. "(3) Each such agreement shall provide, and shall specify procedures designed to ensure, that the availability of direct health care to individuals who are not primary beneficiaries of the providing agency (A) is on a referral basis from the facility of the other agency, and (B) does not (as determined by the head of the facility of the providing agency) adversely affect the range of services, the quality of care, or the established priorities for care provided to the primary beneficiaries of the providing agency. "(4) Each such agreement shall provide that a providing agency shall be reimbursed for the cost of the health-care resources provided under the agreement and that the rate for such reimbursement shall be determined in accordance with the methodology agreed to pursuant to subsection (e) of this section. "(5) Each proposal for an agreement under paragraph (1) of this subsection shall be submitted to the Chief Medical Director and the Assistant Secretary and shall be effective as an agreement in accordance with its terms (A) on the forty-sixth day after the receipt of such proposal by both such officials, unless earlier disapproved by either such official, or (B) if earlier approved by both such officials, on the date of such approval. "(e) Reimbursement under any sharing agreement entered into under subsection (d) of this section shall be based upon a methodology that is agreed upon by the Chief Medical Director and the Assistant Secretary and that provides appropriate flexibility to the heads of the facilities concerned to take into account local conditions and needs and the actual costs to the providing agency's facility of the health-care resources provided. Any funds received through such a reimbursement shall be credited to funds that have been allotted to the facility that provided the care or services.

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 PUBLIC LAW 97-174—MAY 4, 1982 "(f) At the time the President's Budget is transmitted to Congress in any year pursuant to section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), the Administrator and the Secretary of Defense shall submit a joint report to Congress on the implementation of this section during the fiscal year that ended during the previous calendar year. Each such report shall include— "(1) the guidelines prescribed under subsection (c) of this section (and any revision of such guidelines); "(2) the assessment of further opportunities identified under clause (B) of subsection (b)(3) of this section for sharing of health-care resources between the agencies; "(3) any recommendation made under subsection (b)(4) of this section during such fiscal year; "(4) a review of the sharing agreements entered into under subsection (d) of this section and a summary of activities under such agreements during such fiscal year; "(5) a summary of other planning and activities involving either agency in connection with promoting the coordination and sharing of Federal health-care resources during the preceding fisc£d year; and "(6) such recommendations for legislation as the Administrator and the Secretary consider appropriate to facilitate the sharing of health-care resources between the agencies. "(g) For the purposes of this section: "(1) The term 'beneficiary' means a person who is a primary beneficiary of the Veterans' Administration or of the Department of Defense. "(2) The term 'direct health care' means health care provided to a beneficiary in a medical facility operated by the Veterans' Administration or the Department of Defense. "(3) The term 'head of a medical facility' (A) with respect to a medical facility of the Veterans' Administration, means the director of the facility, and (B) with respect to a medical facility of the Department of Defense, means the medical or dental officer in charge or the contract surgeon in charge. "(4) The term 'health-care resource' includes hospital care, medical services, and rehabilitative services, as those terms are defined in paragraphs (5), (6), and (8), respectively, of section 601 of this title, any other health-care service, and any healthcare support or administrative resource. "(5) The term 'primary beneficiary' (A) with respect to the Veterans' Administration means a person who is eligible under this title (other than under section 611(b) or 613 or subsection (d) of this section) or any other provision of law for care or services in Veterans' Administration medical facilities, and (B) with respect to the Department of Defense, means a member or former member of the Armed Forces who is eligible for care under section 1074 of title 10. "(6) The term 'providing agency' means the Veterans' Administration, in the case of care or services furnished by a facility of the Veterans' Administration, and the Department of Defense, in the case of care or services furnished by a facility of the Department of Defense.". (b)(l) The heading of such section is amended to read as follows:

96 STAT. 73 Report to Congress.

Definitions.

38 USC 6ii, 613.

38 USC son.

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 96 STAT. 74

PUBLIC LAW 97-174—MAY 4, 1982 "§ 5011. Sharing of Veterans' Administration and Department of Defense health-care resources". (2) The item relating to such section in the table of sections at the beginning of chapter 81 of such title is amended to read as follows: "5011. Sharing of Veterans' Administration and Department of Defense health-care resources.".

38 USC 5011 note.

38 USC 5011 note.

(c) The Assistant Secretary of Defense for Health Affairs shall consult regularly with the Surgeons General of the Army, Navy, and Air Force in carrying out the duties and functions assigned to the Assistant Secretary in section 5011 of title 38, United States Code, as amended by subsection (a) of this section. (d) The guidelines required to be established under subsection (c) of section 5011 of title 38, United States Code, as added by subsection (a) of this section, shall initially be established not later than twelve months after the date of the enactment of this Act. SEC. 4. (a) Chapter 81 of title 38, United States Code, is amended by inserting after section 5011 the following new section:

"§5011A. Furnishing of health-care services to members of the Armed Forces during a war or national emergency "(a)(1) During and immediately following a period of war, or a period of national emergency declared by the President or the Congress that involves the use of the Armed Forces in armed conflict, the Administrator may furnish hospital care, nursing home care, and medical services to members of the Armed Forces on active duty. The Administrator may give a higher priority to the furnishing of care and services under this section than to the furnishing of care and services to any other group of persons eligible for care and services in medical facilities of the Veterans' Administration with the exception of veterans with service-connected disabilities. "(2) For the purposes of this section, the terms 'hospital care', Definitions. 'nursing home care', and 'medical services' have the meanings 38 USC 601, 101. given such terms by sections 601(5), 101(28), and 601(6) of this title, respectively. contracts with '(b)(1) During a period in which the Administrator is authorized private facilities. to furnish care and services to members of the Armed Forces under subsection (a) of this section, the Administrator, to the extent authorized by the President and subject to the availability of appropriations or reimbursements under subsection (c) of this section, may enter into contracts with private facilities for the provision during such period by such facilities of hospital care and medical services described in paragraph (2) of this subsection. "(2) Hospital care and medical services referred to in paragraph (1) of this subsection are— "(A) hospital care and medical services authorized under this title for a veteran and necessary for the care or treatment of a condition for which the veteran is receiving medical services at a Veterans' Administration facility under subsection (f) or (g) 38 USC 612. of section 612 of this title, in a case in which the delay involved in furnishing such care or services at such Veterans' Administration facility or at any other Veterans' Administration facility reasonably accessible to the veteran would, in the judgment of the Chief Medical Director, be likely to result in a deterioration of such condition; and "(B) hospited care for a veteran who— 38 USC 5011A.

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