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Page:United States Statutes at Large Volume 96 Part 2.djvu/1112

 96 STAT. 2474

PUBLIC LAW 97-452—JAN. 12, 1983

"(C) the total amount written off as actually uncollectible and the total amount allowed for uncollectible loans and .. si -^"i accounts receivable; "(D) the rate of interest charged for overdue debts and 0".i the amount of interest charged and collected on debts; "(E) the total number of claims and the total amount ..*: • ail collected; and "(F) the number and total amount of claims referred to the Attorney General for settlement and the number and total amount of claims the Attorney General settles; "(2) the information described in clause (1) of this subsection for each progreim or activity the head of the agency carries out; .ef.t4'Biv^^wi and "(3) other information the Director considers necessary to decide whether the head of the agency is acting aggressively to collect the claims of the agency. "(b) The Director shall analyze the reports submitted under subsection (a) of this section and shall report annually to Congress on ^, the management of debt collection activities by the head of each c. * agency, including the information provided the Director under subsection (a).". (B) The analysis of subchapter II of chapter 37 is amended by adding at the end the following: "3716. "8717. "3718. "3719.

Ante, p. 973.

Administrative offset. Interest and penalty on claims. Contracts for collection services. Reports on debt collection activities.".

(1?) Section 3721(b) is amended by striking out "$15,000" and substituting "$25,000". (18XA) Subtitle III is amended by adding at the end the following: "CHAPTER 39—PROMPT PAYMENT "3901. "3902. "3903. "3904. "3905. "3906.

31 USC 3901.

Definitions and application. Interest penalties. Regulations. Limitations on discount payments. Reports. Relationship to other laws.

^^

< § 3901. Definitions and application « "(a) In this chapter—  ^^ ' • "(1) 'agency* has the same meaning given that term in section v... -i y^. 551(1) of title 5 and includes an entity being operated, and the head of the agency identifies the entity as being operated, only as an instrumentality of the agency to carry out a program of the agency. "(2) 'business concern' means— "(A) a person carrying on a trade or business; and "(B) a nonprofit entity operating as a contractor. "(3) 'proper invoice' is an invoice containing or accompanied by substantiating documentation the Director of the Office of Management and Budget may require by regulation and the head of the appropriate agency may require by regulation or contract.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1113

 PUBLIC LAW 97-452—JAN. 12, 1983

96 STAT. 2475

"(4) the head of an agency is deemed to receive an invoice on the later of the dates that— "(A) the designated payment office or finance center of the agency actually receives a proper invoice; or "(B) the head of the agency accepts the applicable property or service. "(5) a payment is deemed to be made on the date a check for the payment is dated. "(6) a contract to rent property is deemed to be a contract to acquire the property. "(b) This chapter applies to the Tennessee Valley Authority. However, regulations prescribed under this chapter do not apply to the Authority, and the Authority alone is responsible for carrying out this chapter as it applies to contracts of the Authority. "(a) Under regulations prescribed under section 3903 of this title, the head of an agency acquiring property or service from a business concern, who does not pay the concern for each complete delivered item of property or service by the required payment date, shall pay an interest penalty to the concern on the amount of the payment due. The interest shall be computed at the rate the Secretary of the Treasury establishes for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611). The Secretary shall publish each rate in the Federal Register. "(b) Except as provided in section 3906 of this title, the interest penalty shall be paid for the period beginning on the day after the required payment date and ending on the date on which payment is made. However, a penalty may not be paid if payment for the item is made— "(1) when the item is a meat or meat food product described in section 3903(2)(A) of this title, before the 4th day after the required payment date; (2) when the item is an agricultural commodity described in section 3903(2)(B) of this title, before the 6th day after the required payment date; or (3) when the item is not an item referred to in clauses (1) and (2) of this subsection, before the 16th day after the required payment date. "(c) An amount of an interest penalty unpaid after any 30-day period shall be added to the principal amount of the debt, and a penalty accrues thereafter on the added amount. "(d) This section does not authorize the appropriation of additional amounts to pay an interest penalty. The head of an agency shall pay a penalty under this section out of amounts made available to carry out the program for which the penalty is incurred. "(e) A recipient of a grant from the head of an agency may provide in a contract for the acquisition of property or service from a business concern that, consistent with the usual business practices of the recipient and applicable State and local law, the recipient will pay an interest penalty on amounts overdue under the contract under conditions agreed to by the recipient and the concern. The recipient may not pay the penalty from amounts received from an agency. Amounts expended for the penalty may not be counted toward a matehing requirement applicable to the grant. An obligation to pay the penalty is not an obligation of the United States Government.
 * '§ 3902. Interest penalties

Tennessee VaUey Authority. 31 USC 3902.

Publication in Federal Roister.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 96 Part 2.djvu/1114

 96 STAT. 2476

PUBLIC LAW 97-452—JAN. 12, 1983

31 USC 3903.

«§ 3903. Regulations "The Director of the Office of Management and Budget shall prescribe regulations to carry out section 3902 of this title. The regulations shall— "(1) provide that the required payment date is— "(A) the date payment is due under the contract for the TOi j^jjj Qf property or service provided; or j ^ J, "(B) 30 days after a proper invoice for the amount due is '^' "' received if a specific payment date is not established by contract; "**:,4j.*'> "(2) for the acquisition of meat or a meat food product (as J* di';'defined in section 2(a)(3) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(3))), provide a required payment date of not later than 7 days after the meat or meat food product is
 * «€ r>3i; Lu

delivered; and "(3) for the acquisition of a perishable agricultural commodity (as defined in section 1(4) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a(4))), provide a required payment date consistent with that Act; "(4) provide separate required payment dates for a contract under which property or service is provided in a series of partial executions or deliveries to the extent the contract provides for ..,.^,:!^,,. separate payments for partial execution or delivery; and i>T?£i "(^^ require that, within 15 days after an invoice is received, ^K; ^ ! the head of an agency notify the business concern of a defect or impropriety in the invoice that would prevent the running of the time period specified in clause (1)(B) of this section. 31 USC 3904. "The head of an agency offered a discount by a business concern from an amount due under a contract for property or service in exchange for payment within a specified time may pay the discounted amount only if payment is made within the specified Penalty. time. The head of the agency shall pay an interest penalty on an amount remaining unpaid in violation of this section. The penalty accrues as provided under sections 3902 and 3903 of this title, except that the required payment date for the unpaid amount is the last day specified in the contract that the discounted amount may be paid. 31 USC 3905.
 * § 3904. Limitations on discount payments

"§3905. Reports "(a) By the 60th day after the end of each fiscal year, the head of each agency shall submit to the Director of the Office of Management and Budget a report on interest penalty payments made under this chapter during that fiscal year. The report shall include the number, amounts, and frequency of the payments and the reasons the payments were not avoided by prompt payment. "(b) By the 120th day after the end of each fiscal year, the Director shall submit to the (Committees on Governmental Affairs, Appropriations, and Small Business of the Senate and the dlommittees on Government Operations, Appropriations, and Small Business of the House of Representatives a report on agency compliance with this chapter. The report shall include a summary of the report of each agency submitted under subsection (a) of this section and an analysis of progress made in reducing interest penalty payments by that agency from prior years.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1115

 PUBLIC LAW 97-452—JAN. 12, 1983

96 STAT. 2477

31 USC 3906. "(a) A claim for an interest penalty not paid under this chapter may be filed under section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605). "(b)(l) An interest penalty under this chapter does not continue to accrue— "(A) after a claim for a penalty is filed under the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.); or "(B) for more than one year. "(2) Paragraph (1) of this subsection does not prevent an interest penalty from accruing under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) after a penalty stops accruing under this chapter. A penalty accruing under section 12 may accrue on an unpaid contract payment and on the unpaid penalty under this chapter. "(c) Except as provided in section 3904 of this title, this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and interest payable for the period during which the dispute is being resolved, is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).". (B) The analysis of subtitle III is amended by inserting the following immediately below item 37: "39. PROMPT PAYMENT
 * § 3906. Relationship to other laws

3901".

(19) Section 5103 is amended by inserting ", public charges, taxes, and dues" after "debts" the first time it appears. (20) Section 5112(f)(l) is amended-(A) by inserting in the matter before clause (A), a comma after "10,000,00y'; and (B) by striking out of clause (C) "two hundred and fiftieth" and substituting "250th". (21) Section 5132(a)(2) is amended by striking out "$54,706,000" and "1982" and substituting '^50,165,000" and "1983", respectivelv. (22) Section 5154 is amended by striking out "United States coins and currency circulating within its jurisdiction" and substituting "other forms of money". (23X^ Chapter 61 is amended by inserting after section 6102 the following: "(a) The Director of the OfEce of Management and Budget shall— "(1) maintain the United States Government assistance awards information s^tem established as a result of the study conducted under section 9 of the Federal Program Information Act; and "(2) update the system on a quarterly basis. "(b) To carry out subsection (a) of th& section, the Director— "(1) m ^ delegate the responsibility for carrying out subsection (a) of this section to the head of another executive agency; "(2) shall review a report the head of an agency submits to the Director on the method of carrying out subsection (a) of this section; and "(3) may validate, by appropriate means, the method by which an agency prepares the report.".
 * '§ 6102a. Assistance awards information system

Ante, p. 980. Ante, p. 981.

Ante, p. 988. Ante, p. 992.

31 USC 6102a.

31 USC 1701 note. Ante, p. 877.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1116

 96 STAT. 2478

PUBLIC LAW 97-452—JAN. 12, 1983 (B) The analysis of chapter 61 is amended by inserting immediately below item 6102 the following:

"6102a. Assistance awards information ^stem.".

Ante, p. 1005. Ante, p. 1018.

(24) Section 6501(1)(B) is amended by striking out "the law of. (25) Section 6709(a) is amended by adding at the end the following: "(5) For quarterly payments made for quarters beginning after December 31, 1982, the New Jersey Franchise and Gross Receipts Taxes (N.J. Rev. Stat. 54:30A-18.1) transferred to a unit of general local government in New Jersey in each of the years beginning January 1, 1980, January 1, 1981, and January 1, 1982, are deemed to be an adjusted tax of the unit under paragraph (2) of this subsection " Ante, p. 1041. (26) Section 9101 is amended by striking out "(K) the National Consumer Cooperative Bank.". Ante, pp. 1044, (27) Sections 9107(c)(3) and 9108(d)(2) are each amended by ^"^°striking out "the National Consumer Cooperative Bank,". CONFORMING AND TECHNICAL PROVISIONS

SEC. 2. (a) Title 5, United States Code, is amended as follows: Ante, p. 1749. (1) In section 552a(b) and (m), strike out "section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))" and substitute "section 3711(f) of title 31". Ante, p. 1751. (2) In section 5514(a)(3), strike out "the Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.)" and substitute "sections 3711 and 3716-3718 of title 31". Ante, p. 1752. (b) Section 1114 of title 18 is amended by striking out "the Federal Clauns Collection Act of 1966 (31 U.S.C. 951 et seq.)" and substituting "sections 3711 and 3716-3718 of title 31". (c) The Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) is amended as follows: 26 USC 405,409. (1) Sections 405(b)(l) and 409(a) are each amended by striking out "the Second Liberty Bond Act, as amended" and "Act" and substituting "chapter 31 of title 31" and "chapter", respectively. 26 USC 454. (2) Section 454(c)(2) is amended by striking out "the Second Liberty Bond Act" and substituting "chapter 31 of title 31". 26 USC 1037. (3) Section 1037(a) is amended by striking out "the Second Liberty Bond Act" and "Act" and substituting "chapter 31 of title 31" and "chapter", respectively. Ante, p. 1753. (4) Section 6103(m)(2) is amended by striking out "section 3 of the Federal Claims Collection Act of 1966 (31 U.S.C. 952)" wherever appearing and substituting "sections 3711, 3717, and 3718 of title 31". (d) Title 28, United States Code, is amended as follows: Ante, p. 55. (1) Section 1961(b) is amended by striking out "section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a)" and substituting "section 1304(b) of title 31". Ante, p. 1754. (2) Section 2415 of title 28 is amended by striking out "section 5 of the Federal Claims Collection Act of 1966" and substituting "section 3716 of title 31". (e) Title 38, United States Code, is amended as follows: (1) Section 210(b)(2)(A) is amended by striking out "section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a))" and substituting section 1105 of title 31".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1117

 PUBLIC LAW 97-452—JAN. 12, 1983 (2) Section 1823(c) is amended by striking out "the Second Liberty Bond Act" wherever appearing and substituting "chapter 31 of title 31". (3) Section 4207 is amended by striking out "section 3523 of title 31" and substituting "chapter 35 of title 31". (4) Sections 5010(a)(l) and 5011(f) are each amended by striking out "section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a))" and substituting "section 1105 of title 31". (f) Section 2007 of title 39, United States Ckxie, is amended by striking out "the Second Liberty Bond Act" wherever appearing and substituting "chapter 31 of title 31". (g) The amendment made by section 1(17) of this Act applies only to claims arising after July 27, 1982. (h) The amendment made by section 1(25) of this Act is effective after December 31, 1982, only if the Governor of New Jersey notifies the Secretary of the Treasury that, before January 1, 1983, the State amended the New Jersey Franchise and Gross Receipts Taxes statute to provide for the collection and retention of those taxes by units of general local government for years beginning as of January 1, 1983 (i) The amendments made by section 1(11), (14), (19), (22), (24), (26), and (27) are effective as of September 13, 1982.

96 STAT. 2479 38 USC 1823. Ante, p. 1312. 38 USC 5010, «»te, p. 70.

Effective dates. 31 USC 3721 3° use 6709 note,

31 USC 3331

note.

LEGISLATIVE PURPOSE AND CONSTRUCTION

SEC. 3. (a) Sections 1 and 2 of this Act restate, without substantive 31 USC note change, laws enacted before December 1, 1982, that were replaced by P"^-1^^those sections. Sections 1 and 2 may not be construed as making a substantive change in the laws replaced. Laws enacted after November 30, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. (b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. (e) An inference of a legislative construction is not to be drawn by reason of the location in the United State Code of a provision enacted by this Act or by reason of the caption or catchline of the provision. (f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications. REPEALS

SEC. 4. (a) The repeal of a law enacted by this Act may not be 31 USC note construed as a legislative inference that the provision was or was P"*'- ^^^• not in effect before its repeal.

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 96 STAT. 2480

PUBLIC LAW 97-452—JAN. 12, 1983

(b) The laws specified in the following schedule are repealed, except for ri^its and duties that matured, penalties that were incimed, and proceedings that were begun before the date of enactment C F this Act: M Sdiedule of Laws Repealed Statutes at Laige Data

31 USC 744 note. 31 USC 757C-5.

Jona 28 1917

Section

Urn 1802.

Statutes at Laige Volume 82 484

8..

56.

1921 Jona 10

18-

20100.

1922 Mar.

31 USC 11.

104.

Umr. under heading "General Aoooont- 42 444 IngOflioa.'lL

ao 31 USC 66a. 31 USC 952, 954. 31 USC 1228. 31 USC 1801 et seq. 31 USC 241, 241 notes. 31 USC 752, 752 note, 757c, 757c2, 757C-5, 1228, 1228 note. 31 USC 369. 31 USC 11, 65 note, 66a. 31 USC 6102 note. 31 USC 484, 952, 954, 955.

19S0

tJCtrtriv%r

946.

July 19 1972 Oct 20 9^512. May 21 July 28 Se^8 Septs Oct 15 Oct 26

97-17797-226. 97-248. 97-258. 97-255. 97-826. 97-865.

lUKbMaat matm»\ (d) '—^^ 8(dHg)^5.

570.571. 790 814 1609 1749.1754

287.289(a). (c)( 810(a)... 8 8.10-18.

Approved January 12, 1983.

H;-;:

I.
 * -.i

• «-• • 5; f

i--ir^?s L ^ ' '

86 245

>-(,.'

LEGISLATIVE HISTORY—H.R. 7378: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 13, considered find passed House. Dec. 19, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1119

 PUBLIC LAW 97-453—JAN. 12, 1983

Public Law 97-453 97th Congress

96 STAT. 2481

An Act

To improve fishery conservation and management.

Jan. 12, 1983 [H.R. 5002]

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

Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or subsection, the reference shall be considered to be made to a section or subsection of the Act entitled "An Act to provide for the conservation and management of the fisheries, and for other purposes", approved April 13, 1976 (90 Stat. 331 et seq., 16 U.S.C. 1801 et seq,). SEC. 2. FOREIGN FISHING.

(a) Section 201 (16 U.S.C. 1821) is amended as follows: (1) Subsection (c)(2)(D) is amended to read as follows: "(D) United States observers required under subsection (i) be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel;". (2) Subsection (c)(4) is amended— (A) by striking out "and" at the end of subparagraph (B); (B) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof "; and"; and (C) by adding at the end thereof the following new subparagraph: "(D) take, or refrain from taking, as appropriate, actions of the kind referred to in subsection (e)(1) in order to receive favorable allocations under such subsection.". (3) The first sentence of subsection (d)(4) is amended by striking out "shall be allocated" in the matter following subparagraph (B) and inserting in lieu thereof "may be allocated". (4) Subsection (e)(l) is amended to read as follows: "(e) ALLOCATION OP ALLOWABLE LEVEL.—(I)(A) The Secretary of State, in cooperation with the Secretary, sh^l determine the allocation among foreign nations of the total allowable level of foreign fishing which is permitted with respect to each fishery subject to the exclusive fishery management authority of the United States. "(B) From the determinations made under subparagraph (A), the Secretary of State shall compute the aggregate of all of the fishery allocations made to each foreign nation. "(C) The Secretary of State shall initially release to each foreign nation for harvesting up to 50 percent of the allocations aggregate computed for such nation under subparagraph (B), and such release of allocation shall be apportioned by the Secretary of State, in cooperation with the Secretary, among the individual fishery allocations determined for that nation under subparagraph (A). The basis

conservation and management, improvement.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1120

 96 STAT. 2482

PUBLIC LAW 97-453—JAN. 12, 1983

on which each apportionment is made under this subparagraph shall be stated in writing by the Secretary of State. "(D) After the initial release of fishery allocations under subparagraph (C) to a foreign nation, any subsequent release of an allocation for any fishery to such nation shall only be made— "(i) after the lapse of such period of time as may be sufficient ^ for puiposes of making the determination required under clause (ii);ana "(ii) if the Secretary of State and the Secretary, after taking into account the size of the allocation for such f&hery and the length and timing of the fishing season, determine in writing that such nation is complying with the purposes and intent of this paragraph with respect to such fishery. If the foreign nation is not determined under clause (ii) to be in such compliance, the Secretary of State shall reduce, in a manner and quantity he considers to be appropriate (I) the remainder of such allocation, or ^) if all of such allocation has been released, the next allocation of such fishery, if any, made to such nation. "(E) The determinations required to be made under subparagraphs (A) and (D)(ii), and the apportionments required to be made under subparagraph (C), with respect to a foreign nation shall be based on— "(i) whether, and to what extent, such nation imposes tariff barriers or nontariff barriers on the importation, or otherwise restricts the market access, of United States fish or fishery products; "(ii) whether, and to what extent, such nation is cooperating with the United States in the advancement of existing and new opportunities for fisheries trade, particularly through the purchase of fish or fishery products from United States processors or from United States fishermen; "(iii) whether, and to what extent, such nation and the fishing fleets of such nation have cooperated with the United States in the enforcement of United States fishing regulations; "(iv) whether, and to what extent, such nation requires the fish harvested from the fishery conservation zone for its domestic consumption; "(v) whether, and to what extent, such nation otherwise contributes to, or fosters the growth of, a sound and economic United States fishing industry, including minimizing gear conflicts with fishing ofterations of United States fishermen, and transferring harvesting or processing technology which will benefit the United States fishing industry; "(vi) whether, and to what e ^ n t, the fishing vessels of such nation have traditionally engaged in fishing in such fishery; "(vii) whether, and to what extent, such nation is cooperating with the United States in, and making substantial contributions to, fishery research and the identification of fishery resources; and "(viii) such other matters as the Secretary of State, in cooperation with the Secretary, deems appropriate.". (5)(A) Subsection (i) is amended— (i) by amending paragraph (3) to read as follows: "(3) Observers, while stationed aboard forei^ fishing vessels, shall carry out such scientific, compliance monitoring, and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act; and shall cooperate in carrying out

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1121

 PUBLIC LAW 97-453—JAN. 12, 1983

96 STAT. 2483

such other scientific programs relating to the conservation and management of living resources as the Secretary deems appropriate."; and (ii) by adding at the end thereof the following new paragraph: "(6) If at any time the requirement set forth in paragraph (1) cannot be met because of insufficient appropriations, the Secretary shall, in implementing a supplementary observer program: "(A) certify as observers, for the purposes of this subsection, individuals who are citizens or nationals of the United States and who have the requisite education or experience to carry out the functions referred to in paragraph (3); "(B) establish standards of conduct for certified observers equivalent to those applicable to Federal personnel; "(C) establish a reasonable schedule of fees that certified observers or their agents shall be paid by the owners and operators of foreign fishing vessels for observer services; and "(D) monitor the performance of observers to ensure that it meets the purposes of this Act". (6) Such section is further amended by adding at the end thereof the following new subsection: "(j) RECREATIONAL FISHINO.—Notwithstanding any other provision of this title, foreign fishing vessels which are not operated for profit may engage in recreational fishing within the fishery conservation zone and the waters within the boundaries of a State subject to obtaining such permits, paying such reasonable fees, and complying with such conditions and restrictions as the Searetary and the Governor of the State (or his designee) shall impose as being necessary or appropriate to insure that the fishing activity of such foreign vessels within such zone or waters, respectively, is consistent with all applicable Federal and State laws and any applicable fishery management plan implemented under section 305. The Secretary shall consult with the Secretary of State and the Secretary of the Department in which the Coast Guard is operating in formulating the conditions and restrictions to be applied by the Secretary under the authority of this subsection.". (b) The amendments made by subsection (a)(1) and (5)(A)(ii) shall take effect January 1, 1984. SEC. 3. FOREIGN FISHING PERMITS.

Section 204(b) (16 U.S.C. 1824(b)) is amended— (1) by inserting "hold" immediately before "capacity" in paragraph (3)(B); (2) by striking out "and shall be set forth under the name of each Council to which it will be transmitted for comment" in that portion of paragraph (4) which precedes subparagraph (A); (3) by striking out subparagraphs (B) and (C) of paragraph (4) and inserting in lieu thereof uie following: "(B) a copy of the application to the Secretary of the department m which the Coast Guard is operating; and '(C) a copy or a summary of the application to the appropriate council, upon its request."; and (4) by striking out "After receipt of an application transmitted under paragraph (4)(B), each appropriate Council shall" in paragraph (5) and inserting in lieu thereof "After receiving a copy or summary of an application under paragraph (4)(C), the Council may".

97-200 O—84—pt. 2

36: QL3

Supplementary observer program.

Post, p. 2490

Effective date. 16 USC 1821 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1122

 96 STAT. 2484

PUBLIC LAW 97-453—JAN. 12, 1983

SEC. 4. NATIONAL STANDARDS.

Section 301(b) (16 U.S.C. 1851(b)) is amended to read as follows: "(b) The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans.". X'U

SEC. 5. REGIONAL FISHERY MANAGEMENT COUNCIL ORGANIZATION AND FUNCTIONS.

« Section 302 (16 U.S.C. 1852) is amended as follows: e (1) Subsection (a) is amended— i (A) by striking out "pursuant to subsection (b)(l)(C)" each place it appears therein and inserting in lieu thereof "in ma: accordance with subsection (b)(2)"; and (B) by amending paragraph (8) to read as follows: I

Members, qualifications.

List of applicants.

Announcement of appointment.

"(8) WESTERN PACIFIC COUNCIL.—The Western Pacific Fishery

Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islemds J and shall have authority over the fisheries in the Pacific Ocean seaward of such States and of the Commonwealths, territories, I and possessions of the United States in the Pacific Ocean area. The Western Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each of the following States: Hawaii, American Samoa, Guam, and the Northern Mariana Islands).". }^ (2) Subsection (b) is amended— « (A) by amending paragraph (I)(C) to read as follows: "(C) The members required to be appointed by the Secretary i in accordance with subsection (b)(2)."; i (B) by redesignating paragraphs (2) and (3) as paragraphs \ (3) and (4), respectively; V (C) by inserting immediately after paragraph (1) the following new paragraph: "(2)(A) The members of each Council required to be appointed by the Secretary must be individuals who are knowledgeable or experienced with regard to the management, conservation, or recreational or commercial harvest of the fishery resources of the geographical area concerned. "(B) The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State. Each such list shall include the names and pertinent biographical data of not less than three individuals for each applicable vacancy. The Secretary shall review each list submitted by a Governor to ascertain if the individuals on the list are qualified for the vacancy on the basis of the required knowledge or experience required by subparagraph (A). If the Secretary determines that any individual is not qualified, he shall notify the appropriate Governor of that determination. The Governor shall then submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question. "(C) Whenever the Secretary makes an appointment to a Council, he shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a member of the CouncH."; (D) by striking out "pursuant to paragraph (I)(C)" in subsection (b)(3) (as redesignated by subparagraph (B)) and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1123

 PUBLIC LAW 97-453—JAN. 12, 1983

96 STAT. 2485

' '»::. inserting in lieu thereof "by the Secretary in accordance with subsection (b)(2)"; and (E) by adding at the end thereof the following new paragraph: "(5) The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with subsection (b)(2) if the Council concerned first recommends removal by not less than two-thirds of the members who are voting members. A removal recommendation of a Council must be in writing and accompanied by a statement of the reasons upon which the recommendation is based.". (3) Subsection (fK6) is amended by inserting after the first sentence thereof the following new sentence: '"Die procedures of a Council, and of its scientific and statistical committee and advisory panels established under subsection (g), must be consistent with the procedural guidelines set forth in subsection (i)(2).". (4) Subsection (h) is amended as follows: ^*^ (A) Paragraph (1) is amended by inserting "that requires conservation and management" immediately after "author;. ity". (B) Paragraph (2) is amended by striking out . . "204(b)(4)(B)" and inserting in lieu thereof "204(b)(4)(C)". (C) Paragraph (3) is amended by inserting immediately before the semicolon at the end thereof the following: "(and for purposes of this, paragraph, the term 'geographical area ,, ^,.. concerned* may include an area under the authority of another CouncU if the fish in the fishery concerned migrate into, or occur in, that area or if the matters being heard affect fishermen of that area; but not unless such other Council is first consulted regarding the conduct of such hearings within its area)". (D) Paragraph (4) is amended to read as follows: "(4) submit to the Secretary such periodic reports as the Council deems appropriate, and any other relevant report which may be requested by the Secretsury;". (5) Such section is further amended by adding at the end thereof the following new subsection: "(i) PROCEDURAL MATTERS.—(1) The Federal Advisory Committee Act (5 U.S.C. App. 1) shall not apply to the Councils or to the scientific and statistical committees or advisory panels of the Councils. "(2) The following guidelines apply with respect to the conduct of business at meetings of a Council, and of the scientific and statistical committee and advisory panels of a Council: "(A) Unless closed in accordance with paragraph (3), each regular meeting and each emergency meeting shall be open to the public. "(B) Emergency meetings shall be held at the call of the chairman or equivalent presiding officer. "(C) Timely public notice of each regular meeting and each emergency meeting, including the time, place, and agenda of the meeting, shall be published in local newspapers in the major fishing ports of the Council's region (and in other major fishing ports having a direct interest in the sifected fishery) and such notice may be given by such other means as will result in wide

Removal of member.

Report.

5 USC app. Meetings, guidelines.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1124

 96 STAT. 2486

PUBLIC LAW 97-453—JAN. 12, 1983

publicity. Timely notice of each regular meeting shall also be published in the Federsil Register. t "(D) Interested persons shall be permitted to present oral or written statements regarding the matters on the agenda at meetings. "(E) Minutes of each meeting shall be kept and shall contain a n record of the persons present, an accurate description of matters discussed and conclusions reached, and copies of all statements filed. Public "(F) Subject to the procedures established by the Council availability. under paragraph (4), and the guidelines prescribed by the Secretary under section 303(d), relating to confidentiality, the ieirsc isss. administrative record, including minutes required under subparagraph (E), of each meeting, and records or other documents which were made available to or prepared for or by the Council, committee, or panel incident to the meeting, shall be available for public inspection and copying at a single location in the offices of the Council. Closed meetings. "(3)(A) Each Council, scientific and statistical committee, and advisory panel— (i) shall close any meeting, or portion thereof, that concerns matters or information that bears a national security classification; and "(ii) may close any meeting, or portion thereof, that concerns matters or information that pertains to national security, employment matters, or briefings on litigation in which the Council is interested; and if any meeting or portion is closed, the Council, committee, or panel concerned shall publish notice of the closure in local newspapers in the major fishing ports within its region (and in other major, affected fishing ports), including the time and place of the meeting. Subparagraphs (D) and (F) shall not apply to any meeting or portion thereof that is so closed. (4) Each Council shall establish appropriate procedures applicable to it and to its committee and advisory paneld for ensuring the confidentiality of the statistics that may be submitted to it by Federal or State authorities, and may be voluntarily submitted to it by private persons; including, but not limited to, procedures for the restriction of council employee access and the prevention of conflicts of interest; except that such procedures must, in the case of statistics submitted to the CouncU by a State, be consistent with the laws and regulations of that State concerning the confidentiality of such statistics.". Publication in Federal

SEC. 6. CONTENTS OF PLANS.

Section 303 (16 U.S.C. 1853) is amended as follows: (1) Subsection (b) is amended— o: (A) by striking out "and" at the end of paragraph (6); (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting immediately after paragraph (6) the following new paragraph: "(7) assess and specify the effect which the conservation and management measures of the plan will have on the stocks of naturally spawning anadromous fish in the region; and". (2) Subsection (c) is amended to read as follows: "(c) PROPOSED REGULATIONS.—The proposed regulations which the Council deems necessary or appropriate for purposes of carrying out
 * ii

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1125

 PUBLIC LAW 97-453—JAN. 12, 1983

96 STAT. 2487

a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 304 and 305,"; and (3) Such section is amended by adding at the end thereof the following new subsection: "(e) DATA CIOLLECTION PROGRAMS.—If a Council determines that additional information and data (other than information and data that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations) would be beneficial for the purposes of— "(1) determining whether a fishery management plan is needed for a fishery; or "(2) preparing a fishery management plan; the Council may request that the Secretary implement a data collection program for the fishery which would provide the types of information and data (other than information and data that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations) specified by the Council. The Secretary shall approve such a data collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the Secretary determines that the need for a data collection program is not justified, he shall inform the Council of the resisons for such determination in writing. The determinations of the Secretary under this subsection regarding a Council request shall be made within a reasonable period of time after he receives that request.".

Infra; post, p. 2490.

Regulations.

SEC. 7. ACTION BY SECRETARY.

(a) Section 304 (16 U.S.C. 1854) is amended as follows: (1) Subsections (a) and (b) are amended to read as follows: "(a) ACTION BY THE SECRETARY AFTER RECEIPT OF PLAN.—(1) After the Secretary receives a fishery management plan, or amendment to a plan, which was prepared by a Council (the date of receipt of which is hereafter in this section referred to as the 'receipt date'), the Secretary shall— "(A) immediately commence a review of the management plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law; "(B) immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 75-day period beginning on the receipt date; and "(C) by the 30th day after the receipt date— "(i) make such changes in the proposed regulations submitted for the plan or amendment under section 303(c) as may be necessary for the implementation of the plan, and changes made thereto under clause (i), in the Federal Register together with an explanation of those changes which are substantive. "(2) In undertaking the review required under paragraph (1)(A), the Secretary shall— "(A) take into account the data, views, and comments received from interested persons;
 * (ii) publish such proposed regulations, including any

Review.

Publication in Federal Roister.

Ante, p. 2486. Publication in Federal Register.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1126

 96 STAT. 2488

Plan implementation. J*ost, p. 2490.

Notification of disapproval.

Revised plan.

Publications in Federal Register.

Notification of disapproval.

PUBLIC LAW 97-453—JAN. 12, 1983

"(B) consult with the Secretary of State with respect to foreign fishing; and "(C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. "(b)(1) A plan or amendment shall take effect and be implemented in accordance with section 305(c) if— "(A) the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the ]•: plan or amendment before the close of the 95th day after the receipt date; or "(B) at any time subsequent to the 75th day after the receipt date and before such 95th day, the Secretary notifies the Council in writing that he does not intend to disapprove, or partially disapprove, the plan or amendment. "(2) If after review under subsection (a) the Secretary determines that the plan or amendment is not consistent with the criteria set forth in paragraph (I)(A) of that subsection, the Secretary shall notify the Council in writing of his disapproval or partial disapproval of the plan or amendment. Such notice shall specify— "(A) the applicable law with which the plan or amendment is C inconsistent; t "(B) the nature of such inconsistency; and "(C) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law. "(3)(A) If the Secretary disapproves, or partially disapproves, a proposed plan or amendment under paragraph (2), the Council may submit a revised plan or amendment, accompanied by appropriately revised proposed regulations, to the Secretary. "(B) After the Secretary receives a revised plan or amendment under subparagraph (A) or (C)(ii), the Secretary shall immediately— "(i) commence a review of the plan or amendment to determine whether it complies with the criteria set forth in subsection (a)(l)(A); "(ii) publish in the Federal Register a notice stating that the revised plan or amendment is available and that written data, views, or comments of interested persons on the plan or amend' ment may be submitted to the Secretary during the 30-day period beginning on the date (hereinafter in this paragraph referred to as the 'revised receipt date') the plan or amendment was submitted to the Secretary under subparagraph (A) or (C)(ii); and "(iii) review the revised proposed regulations, if any, submity I ted by the Council and make such changes to them as may be necessary for the implementation of the plan, and thereafter publish such revised proposed regulations (as so changed) in the Federsil Register together with an explanation of each of such changes that is substantive. "(C)(i) Before the close of the 60th day after the revised receipt date, the Secretary, after taking into account any data, views, or comments received under subparagraph (B)(ii), shall complete the review required under subparagraph (B)(i) and determine whether the plan or amendment complies with the criteria set forth in subsection (a)(l)(A). If the Secretary determines that a plan or amendment is not in compliance with such criteria, he shall immediately notify the Council of his disapproval of the plan or amendment.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1127

 PUBLIC LAW 97-453—JAN. 12, 1983

96 STAT. 2489

"(ii) After notifying a C!ouncil of disapproval under clause (i), the Secretary shall promptly provide to the Council a written statement of the reasons on which the disapproval was based and advise the Council that it may submit a further revised plan or amendment, together with appropriately revised proposed regulations, for review and determination under this paragraph. "(D) A revised plan or amendment shall take effect and be implemented in accordance with section 305(c) if the Secretary does not notify the Council, in writing, by the close of the 60th day after the revised receipt date of his disapproval of the plan or amendment.". (2) Subsection (c)(1) is amended— (A) by amending paragraph (1)— ¥**' (i) by amenc^g subparagraph (B) to read as follows: "(B) the Secretary disapproves or partially disapproves any such plan or amendment, or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment, as the case may be.", and (ii) by adding immediately after the last sentence thereof the following flush sentence: "The Secretary shall sdso prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph."; and (B) by amending paragraph (2) to read as follows: "(2)(A) Whenever, under paragraph (1), the Secretary prepares a fishery management plan or amendment, the Secretary shall immediately— "(i) submit such plan or amendment, and proposed regulations to implement such plan or amendment, to the appropriate Council for consideration and comment; "(ii) publish in the Federal Register a notice stating that the plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretly during the 75-day period begin^ ^ ning on the date the plan or amendment was submitted under clause (i); and ij I "(iii) by the 30th day after the date of submission under clause (i), submit for publication in the Federal Register the proposed regulations to implement the plan or amendment. "(B) The appropriate council must submit its comments and recommendations, if any, regarding the plan or amendment to the Secretary before the close of the 75-day period referred to in subparagraph (A)(ii). After the close of such 75-day period, the Secretary, after taking into account any such comments and recommendations, as well as any views, data, or comments submitted under subparagraph (A)(ii), may implement such plan or amendment under section 305(c).". (3) Subsection (d) is amended by striking out the last sentence «* and inserting in lieu thereof the following: "The Secretary may enter into a cooperative agreement with the States concerned under which the States administer the permit system and the agreement may provide that all or part of the fees collected under the system shall accrue to the States. The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing the permits.", (b) The amendments made by subsection (a) shall only apply with respect to fishery management plans and amendments thereto that

Post, p. 2490.

Publication in Federal Register.

Cbmments and recommendations.

16 USC ISM note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1128

 96 STAT. 2490

PUBLIC LAW 97-453—JAN. 12, 1983

are initially submitted to the Secretary of Commerce on or after the date of the enactment of this Act for action under section 304. SEC. 8. IMPLEMENTATION OF PLANS.

R^ulations. Ante, p. 2487.

Regulations.

Publication in Federal Register.

Notice of termination, publication in Federal Register.

.. Section 305 (16 U.S.C. 1855) is amended as follows: (1) Subsections (a) and (b) are repealed. (2) Subsection (c) is amended to read as follows: "(c) IMPLEMENTATION.—The Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment— "(1) within 110 days after the plan or amendment was received by him for action under section 304(a), if such plan or amendment takes effect under section 304(b)(l); "(2) within 75 days after a revised plan or amendment was received by him under section 304(b), if such plan or amendment takes effect under paragraph (3)(D) of such section; or "(3) within such time as he deems appropriate in the case of a plan or amendment prepared by him under section 304(c).". (3) Subsection (e) is amended to read as follows: "(e) EMERGENCY ACTIONS.—(1) If the Secretary finds that an emergency exists involving any fishery, he may promulgate emergency regulations necessary to address the emergency, without regard to whether a fishery management plan existsforsuch fishery. "(2) If a Council finds that an emergency exists involving any fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery— "(A) the Secretary shall promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by unanimous vote of the members who are voting members, requests the taking of such action; and "(B) the Secretary may promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by less than a unanimous vote, requests the talung of such action. "(3) Any emergency regulation wmch changes any existing fishery management plan or amendment shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation promulgated under this subsection— "(A) shall be published in the Federal Register together with the reasons therefor; "(B) shall remain in effect for not more than 90 days after the date of such publication, except that any such regulation may, by agreement of the Secretary and the Council, be promulgated for one additional period of not more than 90 days; and "(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination, except for emergency regulations promulgated under paragraph (2) in which case such early termination may be made only upon the agreement of the Secretary and the Council concerned.". (4) Subsection (f) is repealed. (5) Such section is further amended by adding at the end thereof the following new subsection: "(h) EFFECT OF CERTAIN LAWS ON CERTAIN TIME REQUIREMENTS.—

44 USC 101 note. 3 CFR, 1981 Comp., p. 127. Ante, p. 2487.

The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order Numbered 12291, dated February 17, 1981, shall be complied with within the time limitations specified in subsection (c) or section 304 (a) and (b) as they apply to the functions of the Secretary under such provisions.".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1129

 PUBLIC LAW 97-453—JAN. 12, 1983

96 STAT. 2491

SEC. 9. STATE JURISDICmON.

Section 306(a) (16 U.S.C. 1856(a)) is amended by inserting immediately after the first sentence thereof the following new sentence: "For purposes of this Act, except as provided in subsection (b), the jurisdiction and authority of a State shall extend (1) to any pocket of waters that is adjacent to the State and totally enclosed by lines delimiting the territorial sea of the United States pursuant to the Geneva Convention on the Territorial Sea and Conti^ous Zone or any successor convention to which the United States is a party and (2) with respect to the body of water commonly known as Nantucket Sound, to the pocket of water west of the seventieth meridian west of Greenwich.. SEC. 10. SUBPENA POWER

Section 308 (16 U.S.C. 1858) is amended by adding at the end thereof the following new subsection: "(e) SuBPENAS.—For the purposes of conducting any hearing under this section, the Secretary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.". SEC. 11. OFFENSES.

(a) Section 309(b) (16 U.S.C. 1859(b)) is amended by striking out ", or imprisonment for not more than 1 year, or both". (b) The amendment made by subsection (a) applies with respect to 16 USC 1859 offenses committed under section 309 on or after the date of the "°*« enactment of this Act. SEC. 12. CIVIL FORFEITURES.

Section 310(a) (16 U.S.C. 1860(a)) is amended by inserting "(or the fair market value thereof)" immediately after "fish" each place it appears. SEC. 13. POWERS OF AUTHORIZED OFFICERS.

Section 311(b) (16 U.S.C. 1861(b)) is amended— (1) by inserting "(1)" immediately before "Any officer"; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) by redesi^ating subparagraphs (A), (B), (C), (D), and (E) as clauses (i), (ii), (iii), (iv), and (v), respectively; and (4) by adding at the end thereof the following new paragraph: "(2) Subject to the direction of the Secretary, a person charged with law enforcement responsibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence,

4;^

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1130

 96 STAT. 2492

PUBLIC LAW 97-453—JAN. 12, 1983

or for a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. The arrest authority described in the preceding sentence may be conferred upon an officer or employee of a State agency, subject to such conditions and restrictions as are set forth by agreement between the State agency, the Secretary, and, with respect to enforcement operations withm the fishery conservation zone, the Secretary of the department in which the Coast Guard is operating.". SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

'Niai

(a) Section 406 (16 U.S.C. 1882) is amended by adding at the end thereof the following new paragraphs: "(9) $59,000,000 for the fiscal year ending September 30, 1983. bm "(10) $64,000,000 for the fiscal year ending September 30, 1984. "(11) $69,000,000 for the fiscal year ending September 30, 1985.". (b)(1) Subsection (c) of the first section of the Anadromous Fish Conservation Act (16 U.S.C. 757a(c)) is amended— (A) by inserting "(1)" immediately before "Whenever"; and (B) by adding at the end thereof the following new paragraph: "(2) In the case of any State that has implemented an interstate fisheries management plan for anadromous fishery resources, the Federal share of any grant made under this section to carry out activities required by such plan shall be 90 percent.". (2) Section 4(a) of the Anadromous Fish Conservation Act (16 U.S.C. 757d(a)) is amended by adding after paragraph (3) the following new paragraph: "(4) $7,500,000 for each of fiscal years 1983, 1984, and 1985.". (3) The first sentence of section 7(d) of the Anadromous Fish Conservation Act (16 U.S.C. 757g(d)) is amended by striking out "and" after "1981,", and by inserting immediately before the period the following: ", and not to exceed $1,000,000 for each of the fiscal years ending September 30, 1983, and September 30, 1984". SEC. 15. TECHNICAL AMENDMENTS.

46 USC 1451 »ote.

Ante. p. 2481.

(a) Section 3(27) (16 U.S.C. 1802(27)) is amended to read as follows: "(27) The term Vessel of the United States' means— "(A) any vessel documented under the laws of the United States; "(B) any vessel numbered in accordance with the Federal Boat Safety Act of 1971 (46 U.S.C. 1400 et seq.) and measuring less than 5 net tons; or "(C) any vessel numbered under the Feder£d Boat Safety Act of 1971 (46 U.S.C. 1400 et seq.) and used exclusively for pleasure.". (b) Section 307(2) (16 U.S.C. 1857(2)) is amended— (A) by amending subparagraph (A) to read as follows: "(A) in fishing within the boundaries of any State, except recreational fishing permitted under section 201^);"; and

,«?i-.nC' a'f* itJ &3'?'3.r t- '. asjfiijs ZHIHV i jii.< zBjn<-^%m QsnMiu as

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1131

 PUBLIC LAW 97-453—JAN. 12, 1983

96 STAT. 2493

(B) by striking out "in fishing" in subparagraph (B) and Ante, p. 107. inserting in lieu thereof "in fishing, except recreational fishing permitted under section 201(j),". (c) The last sentence of section 311(a) (16 U.S.C. 1861(a)) is repealed. ri(d) Section 8 of the Central, Western, and South Pacific Fisheries Development Act (16 U.S.C. 758e-5) is amended by striking out "and 1982" and inserting in lieu thereof "1982, 1983, 1984, and 1985". Approved January 12, 1983.

LEGISLATIVE HISTORY—H.R. 5002 (S. 2450): HOUSE REPORTS: No. 97-549 (Comm. on Merchant Marine and Fisheries) and Nos. 97-981 and 97-982 (Comm. of Conference). SENATE REPORT No. 97-519 accompanying S. 2450 (Comm. on Commerce, Science and Transportation). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 16, considered and passed House. Dec. 17, considered and passed Senate, amended. Dec. 20, House considered and rejected conference report 97-981 and agreed to conference report 97-982. Dec. 21, Senate agreed to conference report 97-982.

.not»

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1132

 96 STAT. 2494 «

PUBLIC LAW 97-454—JAN. 12, 1983

Public Law 97-454 97th Congress

-

•

An Act Jan 12 1983 ' [H.R. 7410]

Quarterly transfe? '"^^'"^' 13 USC 101.

13 USC 91.

15 USC 46.

" ^ amend title 13, United States Code, to transfer responsibility for the quarterly ^ financial report from the Federal Trade Commission to the Secretary of Commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 3 ^^ * * ® ^^' United States Code, is amended— ^* (1) by redesignating subchapter III as subchapter IV; and (2) by inserting after subchapter II the following: "SUBCHAPTER HI—QUARTERLY FINANCIAL STATISTICS < "(a) The Secretary shall collect and publish quarterly financial statistics of business operations, organization, practices, management, and relation to other businesses, including data on sales, expenses, profits, assets, liabilities, stockholders' equity, and related accounts generally used by businesses in income statements, balance sheets, and other measures of financial condition. "(b) Except to the extent determined otherwise by the Secretary on the basis of changed circumstances, the nature of statistics collected and published under this section, and the manner of the collection and publication of such statistics, shall conform to the quarterly financial reporting program carried out by the Federal Trade Commission before the effective date of this section under section 60)) of the Federal Trade Commission Act. "(c) For purposes of section 6103(j)(l) of the Internal Revenue Code of 1954, the conducting of the quarterly financial report progreun under this section shall be considered as the conducting of a related statistical activity authorized by law.". (b) The table of contents of chapter 3 of title 13, United States Code, is amended by striking out "111" in the item relating to subchapter III, and inserting IV" in lieu thereof, and by inserting after the item relating to subchapter 11 the following: "SUBCHAPTER m—QUARTERLY FINANCIAL STATISTICS "91. Collection and publication.".
 * § 91. Collection and publication

13 USC 91 note.

SEC. 2. (a) There are transferred to the Secretary of Commerce, for administration under section 91 of title 13, United States Code, all functions relating to the quarterly financial report program which was carried out by the Federal Trade Commission before the effective date of this Act pursuant to the authority of section 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)). (b) All personnel, property, and records of the Federal Trade Commission which the Director of the Office of Management and Budget determines, after consultation with the Secretary of Commerce and the Chairman of the Federal Trade (Dommission, to be employed, held, or used in connection with any function relating to the quarterly financial report program shall be transferred to the

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1133

 PUBLIC LAW 97-454—JAN. 12, 1983

96 STAT. 2495

Department of Commerce. For purposes of sections 6103, 7213, and 7431, and other provisions of the Internal Revenue Code of 1954, Ante, pp. 572, return information (as defined in section 6103(b) of such Code) which 645. is transferred under this subsection shall be treated as if it were furnished to the Bureau of the Census under section 6103(j)(l) of such Code solely for administering the quarterly financial report program under section 91 of title 13, United States Code. Such transfer shall be carried out not later than 90 days after the effective date of this Act. SEC. 3. Not later than 180 days after the effective date of this Act, Publication the Secretary of Commerce shall publish in the Federal Register a in Federal Register. statement of the policy and practices of the Bureau of the Census 13 USC 23 note. relating to the administration of section 23(c) of title 13, United States Code. Such statement shall include a description of— (1) the policy of the Secretary for the use of all individuals as temporary staff pursuant to such section 23(c) to assist the Bureau of the Census in performing work authorized under such title 13; (2) the functions for which the Secretary, in his discretion, may appoint temporary staff to assist the Bureau in performing work authorized under such title 13; (3) the practice applicable to the appointment of such temporary staff in performing such work; (4) the requirements and penalties under such title applicable to temporary staff performing such work, together with safeguards to ensure that such temporary staff will observe the 13 USC 9. limitations imposed in section 9 of such title. SEC. 4. (a) This Act shall take effect on the date of the enactment Effective date. of this Act. (b) This Act, including the amendments made by this Act, shall Termination date. cease to have effect 7 years after such effective date. 13 USC 91 note. (c) Not later than 2 years after such effective date, the Secretary Report to of Commerce shall submit a report to the Congress regarding the Congress. administration of the program transferred by this Act. Such report shall describe—

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1134

 96 STAT. 2496

PUBLIC LAW 97-454—JAN. 12, 1983 (1) the estimated respondent burden, including any changes in the estimated respondent burden after the transfer of such program; (2) the application made by various public and private organizations of the information published under such program; and (8) technical or administration problems encountered in carrying out such program.

.qq s•Gi-0^ ^ ^ M

Approved January 12, 1983.

-f

f.tj

-'4

LEGISLATIVE HISTORY—H.R. 7410: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 17, considered and passed House. Dec. 23, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1135

 PUBLIC LAW 97-455—JAN. 12, 1983

96 STAT. 2497

Public Law 97-455 97th Congress An Act To amend the Internal Revenue Code of 1954 to reduce the rate of certain taxes paid to the Virgin Islands on Virgin Islands source income, to amend the Social Security Act to provide for a temporary period that payment of disability benefits may continue through the heeu-ing stage of the appeals process, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCOME TAX RATE ON VIRGIN ISLANDS SOURCE INCOME.

(a) IN GENERAL.—Subpart D of part i n of subchapter N of chapter 1 of the Internal Revenue Code of 1954 (relating to possessions) is amended by inserting after section 934 the following new section:

Jan.12, 1983 [H.R. 7093]

Internal Revenue Code of 1954 and Socifd Security Act, amendments.

"SEC. 934A. INCOME TAX RATE ON VIRGIN ISLANDS SOURCE INCOME. "(a) GENERAL RULE.—For purposes of determining the tax liability

26 USC 934A.

"(b) SUBSECTION (a) RATES NOT TO APPLY TO PRE-EPFECTIVE DATE EARNINGS.—

Daii

incurred by citizens and resident alien individusds of the United States, and corporations organized in the United States, to the Virgin Islands pursuant to this title with respect to amounts received from sources within the Virgin Islands— "(1) the taxes imposed by sections 871(a)(1) and 881 (as made applicable to the Virgin Islands) shall apply except that '10 percent' shall be substituted for '30 percent', and "(2) subsection (a) of section 934 shall not apply to such taxes.

"(1) IN GENERAL.—Any change under subsection (a)(1), and any reduction under section 934 pursuant to subsection (a)(2), in a rate of tax imposed by section 871(a)(l) or 881 shall not apply to dividends paid out of earnings and profits accumulated for taxable years beginning before the effective date of the change or reduction. "(2) ORDERING RULE.—For purposes of paragraph (1), dividends shall be treated as first being paid out of earnings and profits accumulated for taxable years beginning before the effective date of the change or reduction (to the extent thereof)." (b) WITHHOLDING.—Subchapter A of chapter 3 of such Code (relating to withholding of tax on nonresident aliens and foreign corporations) is amended by adding at the end thereof the following new section: SEC. 1444. WITHHOLDING ON VIRGIN ISLANDS SOURCE INCOME.

"For purposes of determining the withholding tax liability incurred in the Virgin Islands pursuant to this title (as made applicable to the Virgin Islands) with respect to amounts received from sources within the Virgin Islands by citizens and resident alien individuals of the United States, and corporations organized in the United States, the rate of withholding tax under sections 1441 and 1442 on income subject to tax under section 871(a)(l) or 881 (as

26 USC 1444.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1136

 96 STAT. 2498

26 USC 934.

PUBLIC LAW 97-455—JAN. 12, 1983 modified by section 934A) shall not exceed the rate of tax on such income under section 871(a)(l) or 881, as the case may be." (c) TECHNICAL AMENDMENT.—Subsection (a) of section 934 of such Code is amended by inserting before the period at the end thereof "or in section 934A'*. (d) CLERICAL AMENDMENTS.—

(1) The table of sections for subpart D of part III of subchapter N of chapter 1 of such Code is amended by inserting after the item relating to section 934 the following new item: "Sec. 934A. Income tax rate on Virgin Islands source income."

(2) The table of sections for subchapter A of chapter 3 of such Code is £unended by adding at the end thereof the following new item: "Sec. 1444. Withholding on Virgin Islands source income." 26 USC 934A °°*®-

42 USC 423.

(e) EFFECTIVE DATES.— (1) IN GENERAL.—Except a s provided in paragraph (2), the

amendments made by this section shall apply to amounts received after the date of the enactment of this Act in taxable years ending after such date. (2) WITHHOLDING.—The amendment made by subsection (b) shall apply to payments made after the date of the enactment of this Act. SEC. 2. CONTINUED PAYMENT OF DISABILITY BENEFITS DURING APPEAL. Section 223 of the Social Security Act is amended by adding at the end thereof the following new subsection: "Continued Payment of Disability Benefits During Appeal

42 USC 421.

42 USC 1895.

Overpayments.

"(g)(1) In any case where— "(A) an individual is a recipient of disability insurance benefits, or of child's, widow's, or widower's insurance benefits based on disability, "(6) the physical or menteil impairment on the basis of which such benents are payable is found to have ceased, not to have existed, or to no longer be disabling, and as a consequence such individual is determined not to be entitled to such benefits, and "(C) a timely request for a hearing under section 221(d), or for an administrative review prior to such hearing, is pending with respect to the determination that he is not so entitled, such individual may elect (in such manner and form and within such time as the Secretary shall by regulations prescribe) to have the payment of such benefits, and the payment of any other benefits under this Act based on such individual's wages and self-employment income (including benefits under title XVIII), continued for an additional period beginning with the first month beginning after the date of the enactment of this subsection for which (under such determination) such benefits are no longer otherwise payable, and ending with the earlier of (i) the month preceding the month in which a decision is made after such a hearing, (ii) the month preceding the month in which no such request for a hearing or an administrative review is pending, or (iii) June 1984. "(2)(A) If an individual elects to have the payment of his benefits continued for an additional period under paragraph (1), and the final decision of the Secretary affirms the determination that he is

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1137

 PUBLIC LAW 97-455—JAN. 12, 1983

96 STAT. 2499

not entitled to such benefits, any benefits paid under this title pursuant to such election (for months in such additional period) shall be considered overpayments for all purposes of this title, except as otherwise provided in subparagraph (B). "(B) If the Secretary determines that the individual's appeal of his Waiver termination of benefits was made in good faith, all of the benefits consideration. paid pursuant to such individual's election under paragraph (1) shall be subject to waiver consideration under the provisions of section 204. 42 USC 404. "(3) The provisions of paragraphs (1) and (2) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made— "(A) on or after the date of the enactment of this subsection, or prior to such date but only on the basis of a timely request for a hearing under section 221(d), or for an administrative review 42 USC 421. prior to such hearing, and "(B) prior to October 1, 1983.". SEC. 3. PERIODIC REVIEWS OF DISABILITY CASES.

Section 221(i) of the Social Security Act is amended— (1) by inserting "(1)" after "(i)*^; (2) by inserting ", subject to paragraph (2)" after "at least every 3 years"; and (3) by adding at the end thereof the following new paragraph: "(2) The requirement of paragraph (1) that cases be reviewed at least every 3 years shall not apply to the extent that the Secretary determines, on a State-by-State basis, that such requirement should be waived to insure that only the appropriate number of such cases are reviewed. The Secretary shall determine the appropriate number of cases to be reviewed in each State after consultation with the State agency performing such reviews, based upon the backlog of pending reviews, the projected number of new applications for disability insurance benefits, and the current and projected staffing levels of the State agency, but the Secretary shall provide for a waiver of such requirement only in the case of a State which makes a good faith effort to meet proper staffing requirements for the State agency and to process case reviews in a timely fashion. The Secretary shall report annually to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the determinations made by the Secretary under the preceding sentence.". (b) The amendments made by subsection (a) shall become effective on the date of the enactment of this Act.

42 USC 421.

Case number determination.

Report to congressional committees.

Effective date. 42 USC 421 note.

SEC. 4. EVIDENTIARY HEARINGS IN RECONSIDERATIONS OF DISABILITY BENEFIT TERMINATIONS.

(a) IN GENERAL.—Section 205(b) of the Social Security Act is 42 USC 405. amended— (1) by inserting "(1)" after "(b)"; and (2) by adding at the end thereof the following new paragraph: "(2) In any case where— "(A) an individual is a recipient of disability insurance benefits, or of child's, widow's, or widower's insurance benefits based on disability, "(B) the physical or mental impairment on the basis of which such benefits are payable is found to have ceased, not to have existed, or to no longer be disabling, and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1138

 96 STAT. 2500

PUBLIC LAW 97-455—JAN. 12, 1983

"(C) as a consequence of the finding described in subparagraph (B), such individual is determined by the Secretary not to be entitled to such benefits, any reconsideration of the finding described in subparagraph (B), in connection with a reconsideration by the Secretary (before any rrpr<, -',.,) hearing under paragraph (1) on the issue of such entitlement) of his determination described in subparagraph (C), shall be made only after opportunity for an evidentiary hearing, with regard to the • finding described in subparagraph (B), which is reasonably accessible to such individual. Any reconsideration of a finding described in subparagraph (B) may be made either by the State agency or the Secretary where the finding was originally made by the State agency, and shall be made by the Secretary where the finding was originally made by the Secretary. In the case of a reconsideration by 'S a State agency of a finding described in subparagraph (B) which was originally made by such State agency, the evidentiary hearing shall be held by an adjudicatory unit of tJne State agency other than the unit that made the finding described in subparagraph (B). In the case of a reconsideration by the Secretary of a finding described in .m «?;i subparagraph (B) which was originally made by the Secretary, the evidentiary hearing shall be held by a person other than the person or persons who made the finding described in subparagraph (B).". 42 USC 405 note. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to reconsiderations (of findings described in Ante, p. 2499. section 205(b)(2)(B) of the Social Security Act) which are requested on or after such date as the Secretary of Health and Human Services may specify, but in any event not later than January 1, 1984. 42 USC 405 note.

SEC. 5. CONDUCT OF FACE-TO-FACE RECONSIDERATIONS IN DISABILITY CASES.

The Secretary of Health and Human Services shall take such steps as may be necessary or appropriate to assure public understanding of the importance the Congress attaches to the face-to-face reconsiderations provided for in section 205(b)(2) of the Social Security Act (as added by section 4 of this Act). For this purpose the Secretary shall— ^ ""^ (1) provide for the establishment and implementation of pro""^ cedures for the conduct of such reconsiderations in a manner which assures that beneficiaries will receive reasonable notice and information with respect to the time and place of reconsid» «c »'^,^> R- -y^i eration and the opportunities afforded to introduce evidence «f f ® " ' ^'' and be represented by counsel; and -,^,^ (2) advise beneficiaries who request or are entitled to request such reconsiderations of the procedures so established, of their opportunities to introduce evidence and be represented by Mi- agiJ St;i counsel at such reconsiderations, and of the importance of submitting all evidence that relates to the question before the Secretary or the State agency at such reconsiderations. SEC. 6. REPORT BY SECRETARY.

Ante, p. 2499.

Section 221(i) of the Social Security Act (as amended by section 3 of this Act) is further amended by adding at the end thereof the following new paragraph: "(3) The Secretary shall report semiannually to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the number of reviews of

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Page:Philosophical Transactions - Volume 002.djvu/52

 therein the blood of the Vein. The Calf, when dress'd, had, by the information of the Butcher, as little blood as the Sheep; and we saw him look whiter, than usually they do in the ordinary way of killing,

2, I took out 45 ounces and better, of blood, out of the Jugular Vein of a Sheep, of a lesser size than the former; by which time, the Spectators, as well as my self, found her exceeding faint, and some thought her pass'd recovery, without a supply of blood. Then I convey'd blood from the Jugular Vein of a Calf into that of the Sheep, for the space of 7 minutes, when we did believe, by the continuance of a good stream from the Calf, that the Sheep had already received more blood, than she had lost, Whereupon we set her free, and she had no sooner got her liberty, but seeing a Dog near her (which was a Spaniel, that had formerly suffered the transmission of Sheeps-blood into him) she butted with great violence at him three or four times, not appearing at all concern'd at what she had endured in the Experiment. We keep this Sheep alive, she being sent to grass again, and seeming hitherto very strong and lusty.

The Calf was much larger than the Sheep. We bled the Calf to death, and received from him fix Porringers full of blood, after the Sheep had been suppleid, each Porringer containing 11½ ounces of water. The Sheep lost four of the same measures full of blood; which being supply'd by that of the Calf, we reckon, that the Calf lost 10 such measures in all.

''An Account Of another Experiment of Transfusion, viz. of Bleeding a Mangy into a Sound Dog''.

I procured an old Mungrell Curr, all over-run with the Mainge, of a middle size, and having, some hours before, fed him plentifully with Cheese-parings and Milk, I prepared the Jugular Vein, Rh


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/1139

 PUBLIC LAW 97-455—JAN. 12, 1983

96 STAT. 2501

continuing disability carried out under paragraph (1), the number of such reviews which result in an initial termination of benefits, the number of requests for reconsideration of such initial termination or for a hearing with respect to such termination under subsection (d), or both, and the number of such initial terminations which are overturned as the result of a reconsideration or hearing,". SEC. 7. OFFSET AGAINST SPOUSES' BENEFITS ON ACCOUNT OF PUBLIC PENSIONS. (a) ADDITIONAL EXEMPTION.—

(1) Section 334 of the Social Security Amendments of 1977 (Public Law 95-216) is amended by adding at the end thereof the 42 USC 402 note, following new subsection: "(h) In addition, the amendments made by the preceding provisions of this section shall not apply with respect to any monthly insurance benefit payable, under subsection (b), (c), (e), (f), or (g) (as the case may be) of section 202 of the Social Security Act, to an 42 USC 402. individual— "(1) to whom there is payable for any month prior to July 1983 (or who is eligible in any such month for) a monthly periodic benefit (within the meaning of such provisions) based upon such individual's earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2) of the Social Security Act); and

42 USC 418.

"(2) who at the time of application for or initial entitlement to such monthly insurance benefit under such subsection (b), (c), (e),(aor(g)— "(A) meets the dependency test of one-half support set forth in paragraph (I)(C) of such subsection (c) as it read prior to the enactment of the amendments made by this section, or an equivalent dependency test (if the individual is a woman), in the case of an individual applying for or becoming entitled to benefits under such subsection (b) or (c), or "(B) meets the dependency test of one-half support set forth in paragraph (I)(D) of such subsection (f) as it read prior to the enactment of the amendments made by this section, or an equivalent dependency test (if the individual is a woman), in the case of an individual applying for or becoming entitled to benefits under such subsection (e), (f), or(g).". (2) Section 334(f) of such Act is amended by striking out "The amendments" and inserting in lieu thereof "Subject to subsections (g) and (h), the amendments". (b) REPORT BY SECRETARY.—The Secretary of Health and Human Services shall conduct a study of the provisions of title II of the Social Security Act which require an offset against spouses' and surviving spouses' benefits on account of public pensions, as added by section 334 of the Social Security Amendments of 1977 (taking into account the amendment made by subsection (a) of this section as well as the provisions of such section 334), and shall report to the Congress, no later than May 15, 1983, his recommendations for any permanent legislative changes in such provisions (or in the applicability of such provisions) which he may consider appropriate. (c)

TECHNICAL

AMENDMENTS.—Subsections

(b)(4)(A),

42 USC 402 note. Study. 42 USC 401. 91 Stat. 1544.

(c)(2)(A),

(e)(8)(A), (f)(2)(A) and (g)(4)(A) of section 202 of the Social Security Act

42 USC 402.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1140

 96 STAT. 2502

PUBLIC LAW 97-455—JAN. 12, 1983

are each amended by inserting "for purposes of this title" after "as defined in section 210". 42 USC 402 note. (d) EFFECTIVE DATE.—The amendments made by subsections (a) and (c) of this section shall be effective with respect to monthly insurance benefits for months after November 1982. Approved January 12, 1983.

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LEGISLATIVE HISTORY-H.R. 7093: HOUSE REPORTS: No. 97-833 (Comm. on Ways and Means) and No. 97-985 (Comm. of Conference). SENATE REPORT No. 97-648 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 20, considered and paissed House. Dec. 3, considered and passed Senate, amended. Dec. 14, House concurred in Senate amendment, in another with an amendment, and disagreed to certain amendments. Dec. 21, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): Jan. 12, Presidential statement. -,.... ,.^,,_

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1141

 PUBLIC LAW 97-456—JAN. 12, 1983

Public Law 97-456 97th Congress

96 STAT. 2503

An Act

To authorize appropriations for the United States International Trade Commission, the United States Customs Service, and the Office of the United States Trade Representative for fiscal year 1983, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. UNITED STATES INTERNATIONAL TRADE COMMISSION. (a) AUTHORIZATION OF APPROPRIATIONS.—Paragraph (2) of section

330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended to read as follows: "(2) There are authorized to be appropriated to the Commission for necessary expenses for fiscal year 1983 not to exceed $19,737,000. No part of any sum that is appropriated under the authority of this paragraph may be used by the Commission for the making of any special study, investigation, or report that is requested by any agency of the executive branch unless that agency reimburses' the Commission for the cost thereof.". 03) ACCEPTANCE OF GIFTS, DEVISES, AND BEQUESTS FOR U S E OF THE

COMMISSION.—Subsection (a)(1) of section 331 of the Tariff Act of 1930 (19 U.S.C. 1331(a)(l)) is amended to read as follows: "(a)(l)(A) Except as provided in paragraph (2), the chairman of the Commission shall— "(i) appoint and fix the compensation of such employees of the Commission as he deems necessary (other than the personal staff of each commissioner), including the secretary, "(ii) procure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, and "(iii) exercise and be responsible for all other administrative functions of the Commission. "(B) The chairman of the Commission may accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. "(C) Any decision by the chairman under subparagraph (A) or (B) shall be subject to disapproval by a majority vote of all the commissioners in office.". SEC. 2. UNITED STATES CUSTOMS SERVICE.

Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (92 Stat. 905; 19 U.S.C. 2075) is amended— (1) by striking out "For" and inserting in lieu thereof "(a) For"; and (2) by inserting at the end thereof the following new subsections: "(b) There are authorized to be appropriated to the Department of the Treasury not to exceed $564,224,000 for the salaries and expenses of the United States Customs Service for fiscal year 1983,

Jan. 12, 1983 [H.R. 6094] U.S. International Trade Commission, U.S. Customs Service and Office of the U.S. Trade Representative. Appropriation authorizations.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1142

 96 STAT. 2504

PUBLIC LAW 97-456—JAN. 12, 1983

of which not to exceed $31,464,000 is for salary and expenses for the enforcement of the alcohol and tobacco revenue laws. "(c) No part of any sum that is appropriated under the authority of subsection O> may be used to implement any procedure relating t) to the time of collection of estimated duties that shortens the 2;^ *ii maximum 10-day deferment procedure in effect on January 1, 1981. "(d) For the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, there are authorized to be appropriated to the ' Department of the Treasury for salaries of the United States Cus«• toms Service such additional sums as may be provided by law to reflect pay rate changes made in accordance with the Federal Pay 5 USC 5301 note. Comparability Act of 1970.". P; ^,,
 * ..asl

SEC. 3. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE. (a) AUTHORIZATION OF APPROPRIATIONS.—Subsection (f) of section

.u.«.,,.

141 of the Trade Act of 1974 (19 U.S.C. 2171(f)) is amended to read as follows: "(f)(1) There are authorized to be appropriated to the Office for the purpose of carrying out its functions $11,100,000 for fiscal year 1983; of which not to exceed $65,000 may be used for entertainment and representation expenses. "(2) For the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, there are authorized to be appropriated to the Office for the salaries of its officers and employees such additional sums as may be provided by law to reflect pay rate changes made in accordance with the Federal Pay Comparability Act of 1970.". (b) FUNCTIONS AND POWERS OF THE OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.—Section 141 of the Trade Act of 1974 is

5 USC 5701 et
 * ^9-

amended— (1) by redesignating paragraph (2) of subsection (c) as paragraph (3) of subsection (c) and by inserting immediately after , ^. subsection (c)(1) the following new paragraph: "(2) The United States Trade Representative may— ,,., "(A) delegate any of his functions, powers, and duties to such officers and employees of the Office as he may desig.'',/.' '.' nate; and ' "(B) authorize such successive redelegations of such func,;,, tions, powers, and duties to such officers and employees of \'  the Office as he may deem appropriate."; "'' (2) by inserting ", powers and duties" after "functions" in subsection (d)(3); (3) by striking out "and" at the end of subsection (d)(6); (4) by striking out the period at the end of subsection (d)(7) ., (5) by adding after subsection (d)(7) the following: ^^' "(8) pay for expenses approved by him for official travel without regard to the Federal Travel Regulations or to the provisions of subchapter I of chapter 57 of title 5, United States ^ Code (relating to rates of per diem allowances in lieu of subsistj^ ence expenses); f "; "(9) accept, hold, administer, and utilize gifts, devises, and ' bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Office; and "(10) acquire, by purchase or exchange, not more than two passenger motor vehicles for use abroad, except that no vehicle may be acquired at a cost exceeding $9,500.".
 * and inserting in lieu thereof a semicolon; and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1143

 PUBLIC LAW 97-456—JAN. 12, 1983

96 STAT. 2505

(c) ADDITIONAL DEPUTY UNITED STATES TRADE REPRESENTATIVE.—

Paragraph (2) of section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended by striking out "two Deputy Special Representatives for Trade Negotiations" and inserting in lieu thereof "three Deputy United States Trade Representatives". (d) CONFORMING AMENDMENTS.—

(1) Subsections (b)(3), (g), and (h) of section 141 of the Trade Act of 1974 are hereby repealed. (2) Section 141 of the Trade Act of 1974 is further amended— (A) by striking out "a Deputy Special Representative" in subsection (b)(2) and inserting in lieu thereof "a Deputy United States Trade Representative"; (B) by striking out "Deputy Special Representative for Trade Negotiations" in subsection (b)(2) and inserting in lieu thereof "Deputy United States Trade Representative"; (C) by striking out "Deputy Special Representative for Trade Negotiation" in subsection (c)(3), as redesignated by this Act, and inserting in lieu thereof "Deputy United States Trade Representative"; and (D) by striking out "Special Representative for Trade Negotiations" each place it appears in the text and heading thereof and inserting in lieu thereof "United States Trade Representative". (3) The chapter heading for chapter 4 of title I of the Trade Act of 1974 is amended to read as follows:

"CHAPTER 4—OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE". (4) The table of contents of the Trade Act of 1974 is amended by striking out the item relating to chapter 4 of title I and inserting in lieu thereof the following: "CHAPTER 4—OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

"Sec. 141. Office of the United States Trade Representative.".

(5) Section 5312 of title 5, United States Code, is amended by striking out the paragraph relating to the Special Representative for Trade Negotiations and inserting in lieu thereof the following paragraph: "United States Trade Representative.".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1144

 96 STAT. 2506

PUBLIC LAW 97-456—JAN. 12, 1983 (6) Section 5314 of title 5, United States Code, is amended by striking out the paragraph relating to the Deputy Special Representatives for Trade Negotiations and inserting in lieu thereof the following paragraph: "Deputy United States Trade Representatives (3).". Approved January 12, 1983.

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LEGISLATIVE HISTORY—H.R. 6094 (S. 2555): HOUSE REPORTS: No. 97-497 (Ctomm. on Ways and Means) and No. 97-988 (Comm. of C!onference). SENATE REPORT No. 97-410 accompanying S. 2555 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 128 (1982): June 16, considered and passed House. Sept. 30, considered and passed Senate, amended. Dec. 21, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1145

 PUBLIC LAW 97-457—JAN. 12, 1983 Public Law 97-467 97th Congress

96 STAT. 2507

Joint Resolution To make technical corrections in certain banking and related statutes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. (a) Section 13(c)(5)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)(5)(A)), as added by section 111 of Public Law 97-320, is amended by inserting "or dividends" after "interest". (b) The amendment made by subsection (a) shall be deemed to have taken effect upon the enactment of Public Law 97-320. SEC. 2. Section 5(o)(l) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(o)(l)), as added by section 112 of Public Law 97-320, is amended by inserting "examination," after "operation,". SEC. 3. The last sentence of section 26(a) of the Federal Deposit Insurance Act (12 U.S.C. 1831c(a)), as added by section 113(p) of Public Law 97-320, is amended by striking out "Depository Institutions Amendments" and inserting in lieu thereof "Gam-St (jermain Depository Institutions Act". SEC. 4. Section 13(fKl) of the Federal Deposit Insurance Act (12 U.S.C. 1823(fKl)), as added by section 116 of Public Law 97-320, is amended by striking out "paragraphs" both places it appears and inserting in lieu thereof "paragraph". SEC. 5. Section 406(c)(3) of the National Housing Act (12 U.S.C. 1729(c)(3)), as amended by section 122(f) of Public Law 97-320, is amended by striking out 'paragraphs (1) or (2)" and inserting in lieu thereof "paragraph (1) or (2)". SEC. 6. Section 408(1) of the National Housing Act (12 U.S.C. 1730a(l)) is amended by striking out "mergers or acquisitions approved under subsection (e)(2)" and inserting in lieu thereof "any transaction approved under subsection (e)(2) or (m)". SEC. 7. (a) Section 408(m)(l)(A)(i) of the National Housing Act (12 U.S.C. 1730a(m)(l)(A)(i)), as added by section 123 of Public Law 97-320, is amended by striking out "subsections (e)(2) and (1)" and inserting in lieu thereof "subsections (e)(2) and (1)". (b) Section 408(m)(l)(B)(iii) of such Act is amended by striking out "Board of Directors" each place it appears and inserting in lieu thereof "Federal Home Loan Bank Board". SEC. 8. The second sentence of section 17(a) of the Federal Home Loan Bank Act (12 U.S.C. 1437(a)), as amended by section 127 of Public Law 97-320, is amended— (1) by striking out "the Administrative Procedure Act" and inserting in lieu thereof "section 553 of title 5, United States Code"; and (2) by striking out "such Act" and inserting in lieu thereof "section 554 of such title". SEC. 9. (a) Section 406(fK5)(C)(ii) of the National Housing Act (12 U.S.C. 1729(f)(5)(C)(ii)), as added by section 202 of Public Law 97-320, is amended by striking out "if' the second place it appears.

Jan. 12, 1983 [S.J. Res. 271] " Certain banking and related statutes, technical corrections. Ante, p. 1469. Effective date. 12 USC 1823 note. Ante, p. 1471. Ante, p. 1474.

Ante, p. 1476.

Ante, p. 1482.

Ante, p. 1483.

Ante, p. 1486.

Ante, p. 1489.

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