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Page:United States Statutes at Large Volume 96 Part 2.djvu/362

 96 STAT. 1724

The Kettle, revised map, publication in Federal Register.

16 USC 460X-14.

Presidential recommendations to Congress. 16 USC 460X-15. Administration.

PUBLIC LAW 97-361—OCT. 22, 1982

on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives of any action taken under this subparagraph. "(fKD The Secretary shall enter into discussions with appropriate local government officials to develop mutually agreeable zoning restrictions for the protection of scenic resources with respect to the lands described in subsection (c)(D. "(2) The Secretary shall enter into discussions with appropriate State and local officials responsible for the administration of the Goemaere-Anderson Wetland Protection Act (Michigan, P.A. 203, 1979) to ensure the protection of natural resources with respect to the lands described in subsection (c)(2). "(g) If the owner of the area designated as 'The Kettle' in the General Management Plan dated October 1, 1979, and comprising 240 acres, agrees to donate fee title or a scenic easement to, or other less than fee interest in, such area, the lands in such area may be included as a part of the lakeshore upon publication in the Federal Register by the Secretary of a revised map of the lakeshore which includes such lands. "(h) The Secretary may, upon request in writing by any owner or occupier of lands in the lakeshore, provide services, such as road maintenance, subject to reimbursement.". SEC. 4. Section 15 of the Act amended by the first three sections of this Act is amended by striking out "$57,753,000" and inserting in lieu thereof "$66,153,000". SEC. 5. The Act amended by the first four sections of this Act is further amended by adding at the end the following new sections: "SEC. 16. In accordance with section 3(c) of the Wilderness Act (78 Stat. 890, 892; 16 U.S.C. 1132(c)), the President shall, no later than June 1, 1983, advise the United States Senate and House of Representatives of his recommendations with respect to the suitability or nonsuitability as wilderness of any area within the lakeshore. Subject to existing private rights, the areas described in the report prepared by the National Park Service entitled 'Wilderness Recommendation; Sleeping Bear Dunes National Lakeshore' dated January, 1981, and recommended for wilderness (approximately 7,128 acres) and for potential wilderness additions (approximately 23,775 acres) shall, until Congress determines otherwise, be administered by the Secretary so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System.". SEC. 6. No authority under this Act or any amendment made by this Act to enter into contracts or to make payments shall be effective except to the extent and in such amounts as provided in advance in appropriations Acts.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/363

 PUBLIC LAW 97-361—OCT. 22, 1982

96 STAT. 1725

SEC. 7. For purposes of section 7(a)(3) of the Land and Water Statutory Conservation Fund Act of 1965 (16 U.S.C. 4601-9(a)(3)), the statutory ^flf^fceilings on appropriations established by the amendments made by note ^ this Act shall be deemed to be statutory ceilings contained in a provision of law enacted prior to the convening of the Ninety-fifth Congress. Approved October 22, 1982.

LEGISLATIVE HISTORY—H.R. 3787: HOUSE REPORT No. 97-882 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate, amended; House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/364

 96 STAT. 1726

PUBLIC LAW 97-362—OCT. 25, 1982

Public Law 97-362 97th Congress An Act Oct. 25, 1982 [H.R. 47171

To reduce the amount of LIFO recapture in the case of certain plans of Hquidation adopted during 1982, to make adjustments in the net operating loss carryback and carryforward rules for the Federal National Mortgage Association, and for other purposes.

Miscellaneous

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

Revenue Act of 1982.

SECTION 1. SHORT TITLE; AMENDMENT OF 1954 CODE.

26 USC 1 note.

26 USC 1 et seq.

(a) SHORT TITLE.—This Act may be cited as the "Miscellaneous Revenue Act of 1982". (h) AMENDMENT OF 1954 CODE.—Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or Other provision of the Internal Revenue Code of 1954.

TITLE I—TAX PROVISIONS SEC. 101. REDUCTION OF LIFO RECAPTURE AMOUNT WITH RESPECT TO CERTAIN PLANS OF LIQUIDATION ADOPTED DURING 1982.

26 USC 336 and note, 337, 453. 26 USC 336 note.

Subsection (b) of section 403 of the Crude Oil Windfall Profit Tax Act of 1980 (relating to effective date for recognition of gain on certain dispositions of LIFO inventories) is amended by adding at the end thereof the following new paragraph: "(4) P L A N S OF LIQUIDATION ADOPTED DURING 1982.— "(A) IN GENERAL.—If—

"(i) a corporation adopts a plan of liquidation during 1982, and "(ii) such liquidation is completed before January 1, 1984, then the LIFO recapture amount taken into account with respect to such liquidation under the amendments made by paragraphs (1) and (2) shall be reduced (but not below zero) by $1,000,000. "(B) MORE THAN i PLAN OF LIQUIDATION.—If a corporation

(or group of corporations treated as 1 corporation under subparagraph (C)) has more than 1 liquidation which qualifies under subparagraph (A), the dollar amount under such subparagraph shall apply to all such liquidations in the order in which the distributions, sales, and exchanges occur until such dollar amount is used up. "(C) APPLICATION TO MEMBERS OF CONTROLLED GROUP.—

"(i) IN GENERAL.—For purposes of this paragraph, all corporations which are competent members of the same controlled group of corporations at any time after December 31, 1981, and before January 1, 1984, shall be treated as 1 corporation.

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 PUBLIC LAW 97-362—OCT. 25, 1982

96 STAT. 1727

"(ii) CORPORATIONS MEMBERS OF MORE THAN i GROUP.—

For purposes of this subparagraph, if (but for this clause) a corporation would be a component member of more than 1 controlled group of corporations during the period described in clause (i)— "(I) if such corporation is a component member of a controlled group on October 1, 1982, such corporation shall be treated only as a component member of such group, or "(II) if subclause (I) does not apply, such corporation shall be treated as a component member of only the first such controlled group, "(iii) CONTROLLED GROUP OF CORPORATIONS DEFINED.—

For purposes of this subparagraph, the term 'controlled group of corporations' has the meaning given such term by section 1563(a) of the Internal Revenue Code of 1954, except that— "(I) 'more than 50 percent' shall be substituted for 'at least 80 percent' each place it appears in section 1563(a)(1) of such Code, and "(II) the determination shall be made without regard to subsections (a)(4), (b), and (e)(3)(C) of section 1563 of such Code.

26 USC 1563.

"(D) TREATMENT OF DEEMED LIQUIDATIONS UNDER SECTION

338.—If an election under section 338 of the Internal Revenue Code of 1954 is made during 1982 with respect to any qualified stock purchase (within the meaning of such section 338), the requirements of clauses (i) and (ii) of subparagraph (A) shall be treated as met with respect to the target corporation for purposes of applying section 338 of such Code. For purposes of this paragraph, an election to which subparagraph (A) applies by reason of this subparagraph shall be treated as a sale and a liquidation."

-Ante, p. 485.

SEC. 102. ADJUSTMENTS TO NET OPERATING LOSS CARRYBACK AND CARRYFORWARD RULES FOR FEDERAL NATIONAL MORTGAGE ASSOCIATION. (a) 10-YEAR CARRYBACK AND 5-YEAR CARRYFORWARD FOR LOSSES OTHER THAN MORTGAGE DISPOSITION LOSSES.—Paragraph (1) of sec-

tion 172(b) (relating to net operating loss carrybacks and carryovers) 26 USC 172. is amended by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively, and by inserting after subparagraph (G) the following new subparagraph: "(H) In the case of a net operating loss of the Federal National Mortgage Association for any taxable year beginning after December 31, 1981— "(i) such loss, to the extent it exceeds the FNMA mortgage disposition loss (within the meaning of subsection (i)), shall be— "(I) a net operating loss carryback to each of the 10 taxable years preceding the taxable year of the loss, and "(II) a net operating loss carryover to each of the 5 taxable years following the taxable year of the loss, and "(ii) the FNMA mortgage disposition loss shall be—

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Page:United States Statutes at Large Volume 96 Part 2.djvu/366

 96 STAT. 1728

26 USC 172.

Ante, p. 1727.

PUBLIC LAW 97-362—OCT. 25, 1982

"(I) a net operating loss carryback to each of the 3 taxable years preceding the taxable year of the loss, and "(II) a net operating loss carryover to each of the 15 taxable years following the taxable year of the loss." (b) RULES RELATING TO F N M A MORTGAGE DISPOSITION Loss.— Section 172 is amended by redesignating subsections (i) and (j) as subsections (j) and (k), respectively, and by inserting after subsection (h) the following new subsection: "(i) RULES RELATING TO FNMA MORTGAGE DISPOSITION Loss.— "(1) FNMA MORTGAGE DISPOSITION LOSS DEFINED.— "(A) IN GENERAL.—For puiposes of subsection (b)(1)(H) and this subsection, the term FNMA mortgage disposition loss' means for any taxable year the excess (if any) of— "(i) the losses for such year from the sale or exchange of mortgages, securities, and other evidences of indebtedness, over "(ii) the gains for such year from the sale or exchange of such assets. "(B) FNMA MORTGAGE DISPOSITION LOSS CANNOT EXCEED THE NET OPERATING LOSS FOR THE YEAR.—The a m o U n to f the

FNMA mortgage disposition loss for any taxable year shall not be greater than the net operating loss for such year. "(C) FORECLOSURE TRANSACTIONS NOT INCLUDED.—In ap-

plying subparagraph (A), any gain or loss which is attributable to a mortgage foreclosure shall not be taken into account. "(2) COORDINATION WITH SUBSECTION (b)(2).—In applying paragraph (2) of subsection (b), a FNMA mortgage disposition loss shall be treated in a manner similar to the manner in which a foreign expropriation loss is treated." (c) CONFORMING AMENDMENTS.—

(1) Subparagraph (A) of section 172(b)(l) is amended by striking out "(H), and (1)" and inserting in lieu thereof "(H), (I), and (J)^'. (2) Subparagraph (B) of section 172(b)(l) is amended by striking out and (I) in the second sentence and inserting in lieu thereof "(H), and (J)". (3) Subparagraph (I) of section 172(b)(l), as redesignated by subsection (a), is amended by striking out "subsection (i)" and inserting in lieu thereof "subsection (j)". (4) Paragraph (3) of section 172(j), as redesignated by subsection (b), is amended by striking out "subsection (b)(l)(H)" each place it appears and inserting in lieu thereof "subsection (b)(l)(D". 26 USC 172 note. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to net operating losses for taxable years beginning after December 31, 1981. SEC. 103. ROLLOVER OF GAIN ON CERTAIN SALES UNDER FCC ORDER WHERE NEWSPAPERS ARE BOUGHT. If— (1) a corporation was ordered by the Federal Communications Commission in January 1975 to divest itself of its newspaper operations or its broadcasting operations,

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Page:United States Statutes at Large Volume 96 Part 2.djvu/367

 PUBLIC LAW 97-362—OCT. 25, 1982

96 STAT. 1729

(2) after the conclusion of the appellate process, the order was again issued in October 1979, (3) the corporation sold its broadcasting operations before 1982, and (4) on October 15, 1981, the corporation acquired 100 percent of the stock of a publishing company, then the second sentence of section 1071(a) of the Internal Revenue Code of 1954 shall be applied with respect to sales and exchanges by such corporation before January 1, 1982, which are related to such order as if such second sentence treated stock of any corporation the principal business of which is operating newspapers and related printing operations in the same manner as stock of a corporation operating a radio broadcasting station.

26 USC 1071.

SEC. 104. TREATMENT OF CERTAIN SHALE OIL PROPERTY AS ENERGY PROPERTY.

(a) IN GENERAL.—Paragraph (7) of section 48(1) is amended by striking out "but does not and all that follows and inserting in lieu thereof "; except that such term does not include equipment for hydrogenation, refining, or other process subsequent to retorting other than hydrogenation or other process which is applied in the vicinity of the property from which the shale was extracted and which is applied to bring the shale oil to a grade and quality suitable for transportation to and processing in a refinery." (b) EFFECTIVE DATE.—The amendment made by this section shall apply to periods beginning after December 31, 1980, and before January 1, 1983, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1954.

26 USC 48.

26 USC 48 note.

SEC. 105. ANNUITIES FOR SURVIVORS OF TAX COURT JUDGES.

(a) COMPUTATION OF ANNUITIES.—Subsection (m) of section 7448 (relating to computation of annuities) is amended— (1) by striking out "5 consecutive years" and inserting in lieu thereof "3 consecutive years", and (2) by striking out "37 y2" and inserting in lieu thereof "40". (b) COST-OF-LIVING ADJUSTMENTS.—Section 7448 (relating to annuities to surviving spouses and dependent children of judges) is amended by redesignating subsection (s) as subsection (t), and by inserting after subsection (r) the following new subsection:

26 USC 7448.

"(s) INCREASES ATTRIBUTABLE TO INCREASED PAY.—Whenever the

salary of a judge under section 7443(c) is increased, each annuity payable from the survivors annuity fund which is based, in whole or in part, upon a deceased judge having rendered some portion of his or her final 18 months of service as a judge of the Tax Court, shall also be increased. The amount of the increase in such an annuity shall be determined by multiplying the amount of the annuity, on the date on which the increase in salary becomes effective, by 3 percent for each full 5 percent by which such salary has been increased." (c) CATCHUP FOR SURVIVORS ANNUITIES IN PAY STATUS ON DATE OF 26 USC 7448 ENACTMENT.—If an annuity payable under section 7448(h) of the "°*® Internal Revenue Code of 1954 (relating to entitlement to annuity) to the surviving spouse of a judge of the United States Tax Court is being paid on the date of the enactment of this Act, then the amount of that annuity shall be adjusted, as of the first day of the first month beginning more than 30 days after such date, to reflect the amount of the annuity which would have been payable if the

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Page:Bobbsey Twins at the Seashore.djvu/46

36 Just as soon as Nan and Bert took their places, the other passengers became very much interested. There is such a monotony on trains that the sports the Bobbseys introduced were welcome indeed.

We do not like to seem proud, but certainly these twins did look pretty. Nan with her fine back eyes and red cheeks, and Bert just matching her; only his hair curled around, while hers fell down. Their interest in Railroad Tennis made their faces all the prettier, and no wonder the people watched them so closely.

Freddie was made umpire, to keep him out of a more active part, because he might do damage with a ball in a train, his mother said; so, as Nan and Bert passed the ball, he called,—his father prompting him:

"Ball one!"

"Ball two!"

"Ball three"

Bert jerked with a sudden jolt of the train and missed.

"Striker's out!" called the umpire, while everybody laughed because the boy had missed first.


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Page:United States Statutes at Large Volume 96 Part 2.djvu/368

 96 STAT. 1730 26 USC 7443. 26 USC 7448

"°*®-

PUBLIC LAW 97-362—OCT. 25, 1982

amendment made by subsection (a) applied with respect to increases in the salary of a judge under section 7443(c) of such Code taking effect after December 31, 1963. (d) EFFECTIVE D A T E. —

(1) SUBSECTION (a).—The amendment m a d e by subsection (a)

shall apply to annuities payable with respect to judges dying after the date of the enactment of this Act. (2) SUBSECTION (b).—The amendment made by subsection (b) of this section shall apply with respect to increases in the salary of judges of the United States Tax Court taking effect after the date of the enactment of this Act. SEC. 106. TAX COURT PROCEDURES. (a) DISPUTES INVOLVING CERTAIN EXCISE TAXES.—

26 USC 7463.

26 USC 7463 ^°^26 USC 7459.

(1) IN GENERAL.—Subsection (a) of section 7463 (relating to disputes involving $5,000 or less) is amended— (A) by striking out "or" at the end of paragraph (2), (B) by adding "or" at the end of paragraph (3), and (C) by inserting after paragraph (3) the following new paragraph: "(4) $5,000 for any 1 taxable period (or, if there is no taxable period, taxable event) in the case of any tax imposed by subtitle D which is described in section 6212(a) (relating to a notice of deficiency),". (2) EFFECTIVE DATE.—The amendment made by this subsection shall apply with respect to petitions filed after the date of the enactment of this Act. (b) ORAL FINDINGS OF FACT OR OPINIONS.—Subsection (b) of section 7459 (relating to inclusion of findings of fact or opinions in report) is amended by adding at the end thereof the following new sentence: "Subject to such conditions as the Tax Court may by rule provide, the requirements of this subsection and of section 7460 are met if findings of fact or opinion are stated orally and recorded in the transcript of the proceedings." (c) HEARINGS AND OPINIONS BY COMMISSIONERS IN CASES INVOLV-

ING DEFICIENCIES OF $5,000 OR LESS.—

26 USC 7456.

(1) Section 7456 (relating to administration of oaths and procurement of testimony) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: "(d) PROCEEDINGS WHICH MAY B E ASSIGNED TO COMMISSIONERS.—

The chief judge may assign— "(1) any declaratory judgment proceeding, "(2) any proceeding under section 7463, and "(3) any other proceeding where neither the amount of the deficiency placed in dispute (within the meaning of section 7463) nor the amount of any claimed overpayment exceeds $5,000, to be heard by the commissioners of the court, and the court may authorize a commissioner to make the decision of the court with respect to any such proceeding, subject to such conditions and review as the court may by rule provide." (2) Subsection (c) of section 7456 is amended by striking out the last sentence. (d) DESIGNATION OF JUDGES W H O ARE RECEIVING RETIRED PAY.—

26 USC 7447.

Subsection O> of section 7447 (relating to retirement) is amended by t) adding at the end thereof the following sentence: "Any judge who retires shall be designated 'senior judge'."

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Page:United States Statutes at Large Volume 96 Part 2.djvu/369

 PUBLIC LAW 97-362—OCT. 25, 1982

96 STAT. 1731

SEC. 107. WITHHOLDING STATEMENTS FOR TERMINATED EMPLOYEES. (a) IN GENERAL.—Subsection (a) of section 6051 (relating to receipts for employees) is amended by striking out "on the day on which the last payment of remuneration is made" and inserting in lieu thereof "within 30 days after the date of receipt of a written request from the employee if such 30-day period ends before January 31". (b) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to employees whose employment is terminated after the date of the enactment of this Act.

26 USC 605i.

26 USC 605i

note.

SEC. 108. WITHHOLDING OF STATE INCOME TAX FROM THE WAGES OF CERTAIN SEAMEN. Section 12 of the Act of March 4, 1915 (38 Stat. 1169; 46 U.S.C. 601), is amended by inserting before the period at the end of the second proviso the following: ", but nothing in this section shall prohibit any such withholding of the wages of any seaman who is employed in the coastwise trade between ports in the same State if such withholding is pursuant to a voluntary agreement between such seaman and his employer". SEC. 109. WAGERING PERMITTED UNDER STATE LAW. (a) TAX ON WAGERS.—Subsection (a) of section 4401 (relating to wagers) is amended to read as follows:

26 USC 440i.

"(a) WAGERS.— "(1) STATE AUTHORIZED WAGERS.—There

shall be imposed on any wager authorized under the law of the State in which accepted an excise tax equal to 0.25 percent of the amount of such wager. "(2) UNAUTHORIZED WAGERS.—There shall be imposed on any wager not described in paragraph (1) an excise tax equal to 2 percent of the amount of such wager." (b) OCCUPATIONAL TAX.—Section 4411 (relating to imposition of tax) is amended to read as follows:

26 USC 4411.

"SEC. 4411. IMPOSITION OF TAX. "(a) IN GENERAL.—There shall be imposed a special tax of $500 per year to be paid by each person who is liable for the tax imposed under section 4401 or who is engaged in receiving wagers for or on behalf of any person so liable. "(b) AUTHORIZED PERSONS.—Subsection (a) shall be applied by substituting '$50' for '$500' in the case of— "(1) any person whose liability for tax under section 4401 is determined only under paragraph (1) of section 4401(a), and "(2) any person who is engaged in receiving wagers only for or on behalf of persons described in paragraph (1)." (c) EFFECTIVE DATES.— (1) SUBSECTION (a).—The amendment made by subsection (a)

shall take effect on January 1, 1983. (2) SUBSECTION (b).—The amendment made by subsection (b) shall take effect on July 1, 1983.

26 USC 440i "°*^ 26 USC 4411 "°*^

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Page:United States Statutes at Large Volume 96 Part 2.djvu/370

 96 STAT. 1732

PUBLIC LAW 97-362—OCT. 25, 1982

TITLE II—OTHER PROVISIONS SEC. 201. UNEMPLOYMENT BENEFITS PAID TO EX-SERVICE MEMBERS.

(a) EuGiBiLiTY REQUIREMENTS.—Paragraph (1) of section 8521(a) of title 5, United States Code, is amended to read as follows: "(1) 'Federal service' means active service (not including active duty in a reserve status unless for a continuous period of 180 days or more) in the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration if with respect to that service— "(A) the individual was discharged or released under honorable conditions (and, if an officer, did not resign for the good of the service); and "(B)(i) the individual was discharged or released after completing his first full term of active service which the individual initially agreed to serve, or "(ii) the individual was discharged or released before completing such term of active service— "(I) for the convenience of the Government under an early release program, "(II) because of medical disqualification, pregnancy, parenthood, or any service-incurred injury or disability, "(III) because of hardship, or "(IV) because of personality disorders or inaptitude but only if the service was continuous for 365 days or more;". (b) PERIOD FOR WHICH BENEFITS PAYABLE.—Section 8521 of such title 5 is amended by adding at the end thereof the following new subsection: "(c)(1) An individual shall not be entitled to compensation under this subchapter for any week before the fifth week beginning after the week in which the individual was discharged or released. "(2) The aggregate amount of compensation payable on the basis of Federal service (as defined in subsection (a)) to any individual with respect to any benefit year shall not exceed 13 times the individual's weekly benefit amount for total unemployment." 5 USC 8521 note.

(c) EFFECTIVE D A T E. —

(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply with respect to terminations of service on or after July 1, 1981, but only for purposes of determining eligibility for benefits for weeks of unemployment beginning after the date of the enactment of this Act. (2) TRANSITIONAL RULE.—The amendments made by this section shall not apply to the extent that such amendments would (but for this paragraph) reduce the amount of compensation payable in the case of benefit years established before the date of the enactment of this Act. SEC. 202. COMPENSATION PAID TO EX-SERVICE MEMBERS CHARGED TO DEPARTMENT OF DEFENSE. (a) GENERAL RULE.—

(1) Subsections (b) and (c)(1) of section 8509 of title 5, United States Code, are each amended by striking out "subchapter" each place it appears and inserting in lieu thereof "chapter".

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 PUBLIC LAW 97-362—OCT. 25, 1982

96 STAT. 1733

(2) Section 8509 of such title 5 is amended by adding at the end thereof the following new subsection: "(h) For purposes of this section, the term 'Federsil service' includes Federal service as defined in section 8521(a)." -Ante, p. 1732 (b) EFFECTIVE DATE.— 5 USC 8509 note. (1) IN GENERAL.—The amendments made by subsection (a) shall take effect on October 1, 1983. (2)

TREATMENT OF PREVIOUSLY APPROPRIATED FUNDS.—All

funds appropriated which are available (on October 1, 1983) for the making of payments to States under chapter 85 of title 5, United States Code, on the basis of Federal service (as defined in 5 USC 8501 section 8521(a) of such title 5) or for the making of payments ^^ ®^^' under such chapter on the basis of such service in States which do not have in effect an agreement under such chapter, shall be transferred on such date to the Federal Employees Compensation Account established by section 909 of the Social Security Act. On and after such date, all payments described in the 42 USC 1109. preceding sentence shall be made from such account as provided by section 8509 of such title 5. SEC. 203. EXCLUSION OF CERTAIN SERVICES FROM THE FEDERAL UNEMPLOYMENT TAX ACT.

Subsection (b) of section 822 of the Economic Recovery Tax Act of 1981 is amended by striking out "during 1981" and inserting in lieu 26 USC 3306 thereof "after December 31, 1980, and before January 1, 1983". "°*^ SEC. 204. ELIGIBILITY REQUIREMENTS FOR TRADE ADJUSTMENT ASSISTANCE.

Section 2514(a)(2)(A) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 889) (relating to the effective date of amendments 19 USC 2291 relating to group eligibility requirements for adjustment assistance "°*® for workers under the Trade Act of 1974) is amended by striking out 19 USC 2ioi. "the 180th day after the date of the enactment of this Act" and inserting in lieu thereof "October 1, 1983". Approved October 25, 1982.

LEGISLATIVE HISTORY—H.R. 4717: HOUSE REPORTS: No. 97-405 (Comm. on Ways and Means) and No. 97-929 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 15, considered and passed House. Dec. 16, considered and passed Senate, amended. Vol. 128 (1982): Mar. 16, House agreed to Senate amendment with amendment. Oct. 1, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/372

 96 STAT. 1734

PUBLIC LAW 97-363—OCT. 25, 1982

Public Law 97-363 97th Congress Oct 25 1982 '-— [H.R. 5879]

Refugee Assistance Amendments of 1982.

SUSC iioinote.

An Act To amend chapter 2 of title IV of the Immigration and Nationality Act to extend for one year the authorization of appropriations for refugee assistance, and for other purposes.

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

SECTION 1. This Act may be cited as the "Refugee Assistance Amendments of 1982". EXTENSION OF AUTHORIZATION OF APPROPRIATIONS

8 USC 1522.

SEC. 2. Subsection (a) of section 414 of the Immigration and Nationality Act (8 U.S.C. 1524) is amended to read as follows: "(a)(1) There are hereby authorized to be appropriated for fiscal year 1983 such sums as may be necessary for the purpose of carrying out the provisions (other than those described in paragraphs (2) and (3)) of this chapter. "(2) There are hereby authorized to be appropriated for fiscal year 1983 $100,000,000 for the purpose of providing services with respect to refugees under section 412(c). "(3) There are hereby authorized to be appropriated for fiscal year 1983 $14,000,000 for the purpose of carrying out section 412(b)(5).". CONGRESSIONAL INTENT RESPECTING REFUGEE ASSISTANCE

Study.

SEC. 3. (a) Section 412(a)(1) of the Immigration and Nationality Act (8 U.S.C 1522(a)(1)) is amended— (1) by redesignating clauses (A) through (D) as clauses (i) through (iv), respectively, (2) by inserting "(A)" after "(1)", and (3) by adding at the end the following new subparagraph: "(B) It is the intent of Congress that in providing refugee assistance under this section— "(i) employable refugees should be placed on jobs as soon as possible after their arrival in the United States; "(ii) social service funds should be focused on employmentrelated services, English-as-a-second-language- training (in nonwork hours where possible), and case-management services; and "(iii) local voluntary agency activities should be conducted in close cooperation and advance consultation with State and local governments.", (b) Section 413 of such Act (8 U.S.C. 1523) is amended by adding at the end the following new subsection: "(c)(1) The Director shall study the feasibility and advisability of providing—

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 PUBLIC LAW 97-363—OCT. 25, 1982

96 STAT. 1735

"(A) for interim support (to refugees who are not employmentready upon arrival in the United States) for a period determined on a case-by-case basis through a mechanism (other than public assistance) that recognizes the primary role of case management through voluntary agencies at the local level, and "(B) a mechanism (other than one associated with the provision of cash assistance) through which refugees, requiring medical (but not cash) assistance, are provided medical assistance, and shall report to Congress on the study not later than January 1, 1983. "(2) The Director shall study and report to the Congress, not later than September 30, 1983, on the feasibility and advisability of providing for the establishment of special refugee centers in various locations at which refugees would receive orientation, training, and education in English and in the legal governmental, monetary and economic systems, history, culture, and geography of the United States before resettlement in the United States.".

Report to Congress.

Study and report to Congress.

PROGRAM ADMINISTRATION

SEC. 4. (a) Paragraph (2) of section 412(a) of the Immigration and Nationality Act (8 U.S.C. 1522(a)) is amended— (1) by inserting "(A)" after "(2)", and (2) by adding at the end the following new subparagraphs: "(B) The Director shall develop and implement, in consultation with representatives of voluntary agencies and State and local governments, policies and strategies for the placement and resettlement of refugees within the United States. "(C) Such policies and strategies, to the extent practicable and except under such unusual circumstances as the Director may recognize, shall— "(i) insure that a refugee is not initially placed or resettled in an area highly impacted (as determined under regulations prescribed by the Director after consultation with such agencies and governments) by the presence of refugees or comparable populations unless the refugee has a spouse, parent, sibling, son, or daughter residing in that area, and "(ii) provide for a mechanism whereby representatives of local affiliates of voluntary agencies regularly (not less often than quarterly) meet with representatives of State and local governments to plan and coordinate in advance of their arrival the appropriate placement of refugees among the various States and localities.", (b) Paragraph (3) of such section is amended by inserting after the first sentence the following new sentence: "The Director shall compile and maintain data on secondary migration of refugees within the United States and, by State of residence and nationality, on the proportion of refugees receiving cash or medical assistance described in subsection (e).". INITIAL RESETTLEMENT PROGRAM

SEC. 5. Section 412(b) of the Immigration and Nationality Act (8 U.S.C. 1522(b)) is amended— (1) by striking out the last sentence of paragraph (I)(A); (2) by adding at the end of paragraph dXA) the following new sentences: "Funds provided to agencies under such grants and

Grants and contracts.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/374

 96 STAT. 1736

Annual audits.

PUBLIC LAW 97-363—OCT. 25, 1982

contracts may only be obligated or expended during the fiscal year in which they are provided (or the subsequent fiscal year or such subsequent fiscal period as the Federal contracting agency may approve) to carry out the purposes of this subsection. Such grants and contracts shall provide that the agency shall provide (directly or through its local affiliate) notice to the appropriate county or other local welfare office at the time that the agency becomes aware that a refugee is offered employment and provide notice to the refugee that such notice has been provided. Such grants and contracts shall also provide that the agency shall assure that refugees, known to the agency as having been identified pursuant to paragraph (4)(B) as having medical conditions affecting the public health and requiring treatment, report to the appropriate county or other health agency upon their resettlement in an area."; (3) by adding at the end the following new paragraph: "(5) The Director is authorized to make grants to, and enter into contracts with. State and local health agencies for payments to meet their costs of providing medical screening and initial medical treatment to refugees."; and (4) by adding after such paragraph the following new paragraph: "(6) The Comptroller General shall conduct an annual audit of funds expended under grants and contracts made under this subsection.". CASH AND MEDICAL ASSISTANCE

Hearing.

SEC. 6. (a) Paragraph (1) of section 412(e) of the Immigration and Nationality Act (8 U.S.C. 1522(e)) is amended by striking out "up to" before "100 per centum". (b) Paragraph (2) of such section is amended— (1) by striking out the semicolon at the end of subparagraph (B) and all that follows through the end of such paragraph and inserting in lieu thereof a period; (2) by striking out "and" at the end of subparagraph (A); (3) by redesignating subparagraphs (A) and (B) as clauses (i) and (iii), respectively, by inserting "(A)" after "(2)", and by inserting after clause (i) (as so redesignated) the following new clause: "(ii) on the refugee's participation in any available and appropriate social service program (funded under subsection (c)) providing job or language training in the area in which the refugee resides; and"; and (4) by adding at the end the following: "Such cash assistance provided to such a refugee shall be terminated (after opportunity for an administrative hearing) with the month in which the refugee refuses such an appropriate offer of employment or refuses to participate in such an available and appropriate social service program. (B) Cash assistance shall not be made available to refugees who are full-time students in institutions of higher education (as defined by the Director after consultation with the Secretary of Education).". (c) Such section is further amended by adding at the end the following new paragraph: "(6) As a condition for receiving assistance, reimbursement, or a contract under this subsection and notwithstanding any other provi-

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 PUBLIC LAW 97-363—OCT. 25, 1982

96 STAT. 1737

sion of law, a State or agency must provide assurances that whenever a refugee applies for cash or medical assistance for which assistance or reimbursement is provided under this subsection, the State or agency must notify promptly the agency (or local affiliate) which provided for the initial resettlement of the refugee under subsection (b) of the fact that the refugee has so applied.". STUDY OF NEED FOR REFUGEE IMPACT AID PROGRAM

SEC. 7. Section 413 of the Immigration and Nationality Act (8 U.S.C. 1522), as amended by section 3(b) of this Act, is further amended by adding after subsection (c) the following new subsection: "(d) The Director shall study, and report to Congress not later than January 1, 1983, on the feasibility and advisability of establishing a program providing payments to States, counties, cities, and other units of local government to reflect a net increase in outlays on educational, health, criminal justice, and other governmental services resulting directly from the initial resettlement of refugees in, or secondary migration of refugees to, that State, county, city, or other unit. Such study shall include an examination of the extent to which the programs and assistance described in section 412 (particularly under subsection (c) thereof) provide for such payments to impacted areas and the extent to which increased outlays in these impacted areas are offset by the provision of additional Federal funds under other programs or authority or by increased taxes, revenues, or other economic activity resulting from refugee resettlement in, or migration, to these areas.".

Ante, p. 1734 ^ ^SC 1523. Study and report ^ Congress.

8 USC 1522.

EFFECTIVE DATE

SEC. 8. The amendments made by— 8 USC 1522 notei. (1) sections 303), 4, 5(3), 5(4), 6(a), and 7 take effect on October 1, 1982, and (2) sections 5(2), 6(b), and 6(c) apply to grants and contracts made, and assistance furnished, on or after October 1, 1982. Approved October 25, 1982.

LEGISLATIVE HISTORY—H.R. 5879: HOUSE REPORT No. 97-541 (Comm. on the Judiciary). SENATE REPORT No. 97-638 (Cbmm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): June 21, 22, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/376

 96 STAT. 1738

PUBLIC LAW 97-364—OCT. 25, 1982

Public Law 97-364 97th Congress An Act Oct. 25, 1982 [H.R. 6170]

Alcohol traffic safety programs and national driver register.

To amend title 23, United States Code, to encourage the establishment by States of effective alcohol traffic safety programs and to require the Secretary of Transportation to administer a national driver register to assist State driver licensing officials in electronically exchanging information regarding the motor vehicle driving records of certain individuals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—ALCOHOL TRAFFIC SAFETY PROGRAMS SEC. 101. (a) Chapter 4 of title 23, United States Code, is amended by adding at the end thereof the following new section:

Grants. 23 USC 408.

Federal share payments.

23 USC 402.

"§ 408. Alcohol traffic safety programs "(a) Subject to the provisions of this section, the Secretary shall make basic and supplemental grants to those States which adopt and implement effective programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol. Such grants may only be used by recipient States to implement and enforce such programs. "(b) No grant may be made to a State under this section in any fiscal year unless such State enters into such agreements with the Secretary as the Secretary may require to ensure that such State will maintain its aggregate expenditures from all other sources for alcohol traffic safety programs at or above the average level of such expenditures in its two fiscal years preceding the date of enactment of this section. "(c) No State may receive grants under this section in more than three fiscal years. The Federal share payable for any grant under this section shall not exceed— "(1) in the first fiscal year the State receives a grant under this section, 75 per centum of the cost of implementing and enforcing in such fiscal year the alcohol traffic safety program adopted by the State pursuant to subsection (a); "(2) in the second fiscal year the State receives a grant under this section, 50 per centum of the cost of implementing and enforcing in such fiscal year such program; and "(3) in the third fiscal year the State receives a grant under this section, 25 per centum of the cost of implementing and enforcing in such fiscal year such program. "(d)(1) Subject to subsection (c), the amount of a basic grant made under this section for any fiscal year to any State which is eligible for such a grant under subsection (e)(1) shall equal 30 per centum of the amount apportioned to such State for fiscal year 1983 under section 402 of this title. "(2) Subject to subsection (c), the amount of a supplemental grant made under this section for any fiscal year to any State which is eligible for such a grant under subsection (e)(2) shall not exceed 20

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 PUBLIC LAW 97-364—OCT. 25, 1982

96 STAT. 1739

per centum of the amount apportioned to such State for fiscal year 1983 under section 402 of this title. Such supplemental grant shall be in addition to any basic grant received by such State. "(e)(1) For purposes of this section, a State is eligible for a basic grant if such State provides— "(A) for the prompt suspension, for a period not less than ninety days in the case of a first offender and not less than one year in the case of any repeat offender, of the driver's license of any individual who a law enforcement officer has probable cause under State law to believe has committed an alcoholrelated traffic offense, and (i) to whom is administered one or more chemical tests to determine whether the individual was intoxicated while operating the motor vehicle and who is determined, as a result of such tests, to be intoxicated, or (ii) who refuses to submit to such a test as proposed by the officer; "(B) for a mandatory sentence, which shall not be subject to suspension or probation, of (i) imprisonment for not less than forty-eight consecutive hours, or (ii) not less than ten days of community service, of any person convicted of driving while intoxicated more than once in any five-year period; "(C) that any person with a blood alcohol concentration of 0.10 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated; and "(D) for increased efforts or resources dedicated to the enforcement of alcohol-related traffic laws and increased efforts to inform the public of such enforcement. "(2) For purposes of this section, a State is eligible for a supplemental grant if such State is eligible for a basic grant and in addition provides for some or all of the criteria established by the Secretary under subsection (f). "(f) The Secretary shall, by rule, establish criteria for effective programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol, which criteria shall be in addition to those required for a basic grant under subsection (e)(1). The Secretary shall establish such criteria in cooperation with the States and political subdivisions thereof, appropriate Federal departments and agencies, and such other public and nonprofit organizations as the Secretary may deem appropriate. Such criteria may include, but need not be limited to, requirements— "(1) for the establishment and maintenance of a statewide driver recordkeeping system from which repeat offenders may be identified and which is accessible in a prompt and timely manner to the courts and to the public; "(2) for the creation and operation of rehabilitation and treatment programs for those arrested and convicted of driving while intoxicated; "(3) for the impoundment of any vehicle operated on a State road by any individual whose driver's license is suspended or revoked for an alcohol-related driving offense; "(4) for the establishment in each major political subdivision of a State of locally coordinated alcohol traffic safety programs which are administered by local officials and are financially self-sufficient; "(5) for the grant of presentence screening authority to the courts; "(6) for the setting of the minimum drinking age in such State at twenty-one years of age;

23 USC 402. State eligibility.

Effective program critera.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/378

 96 STAT. 1740

Appropriation authorization.

23 USC 101 et seq.

PUBLIC LAW 97-364—OCT. 25, 1982

"(7) for the consideration of and, where consistent with other provisions of State law and constitution the adoption of, recommendations that the Presidential Commission on Drunk Driving may issue during the period in which rules are being made to carry out this section. "(g) There is hereby authorized to be appropriated to carry out this section, out of the Highway Trust Fund, $25,000,000 for the fiscal year ending September 30, 1983, and $50,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, and September 30, 1985. All provisions of chapter 1 of this title that are applicable to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the expenditures of such funds to Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section. Sums authorized by this subsection shall not be subject to any obligation limitation for State and community highway safety programs.". (b) The analysis for chapter 4 of title 23, United States Code, is amended by adding at the end thereof the following: "408. Alcohol traffic safety programs.".

Regulations, publication in Federal Register. 23 USC 408 note.

Ante, p. 1738. Disapproval by Congress.

National Driver Register Act of 1982.

23 USC 401 note.

(c) The Secretary of Transportation shall issue and publish in the Federal Register proposed regulations to implement section 408 of title 23, United States Code, not later than November 1, 1982. The Secretary shall allow public comment and hold public hearings on the proposed regulations to encourage maximum citizen participation. The final regulations shall be issued, published in the Federal Register, and transmitted to Congress before February 1, 1983. To the extent such regulations relate to the making of basic grants under such section 408, such regulations shall become effective on the date on which they are published in the Federal Register. To the extent such regulations relate to the making of supplemental grants under such section 408, such regulations shall become effective April 1, 1983, unless before such date either House of Congress by resolution disapproves such regulations to such extent. If such regulations are so disapproved by either House of Congress, the Secretary shall not obligate for such supplemental grants any amount authorized to carry out such section 408 for the fiscal year ending September 30, 1983, or any subsequent fiscal year, unless specifically authorized to do so by a statute enacted after the date of enactment of this Act. TITLE II-NATIONAL DRIVER REGISTER SHORT TITLE

SEC. 201. This title may be cited as the "National Driver Register Act of 1982". DEFINITIONS

23 USC 401 note.

SEC. 202. For purposes of this title, the term— (1) "alcohol" has the meaning given such term by the Secretary of Transportation under regulations prescribed by the Secretary;

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Rh Then Bert had to go all the way back to center, while Nan was four seats down.

Three more balls were passed, then Nan missed.

"I shouldn't have to go all the way back for one miss," protested Nan. "You went three seats back, so I'll go three back."

This was agreed to by the umpire, and the game continued.

A smooth stretch of road gave a good chance for catching, and both sister and brother kept moving toward the doors now, with three points "to the good" for Nan, as a big boy said.

Who would miss now? Everybody waited to see. The train struck a curve! Bert threw a wild ball and Nan missed it.

"Foul ball!" called the umpire, and Bert did not dispute it.

Then Nan delivered the ball.

"Oh, mercy me!" shrieked the old lady, who had thrown the handbag at Downy, the duck, "my glasses!" and there, upon the floor, lay the pieces. Nan's ball had hit the lady right in the glasses, and it was very lucky they did not


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Page:United States Statutes at Large Volume 96 Part 2.djvu/379

 PUBLIC LAW 97-364—OCT. 25, 1982

96 STAT. 1741

(2) "chief driver licensing official" means the official in each State who is authorized to (A) maintain any record regarding any motor vehicle operator's license issued by such State; and (B) grant, deny, revoke, suspend, or cancel any motor vehicle operator's license issued by such State; (3) "controlled substance" has the meaning given such term in section 102(6) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802(6)); (4) "highway" means any road or street; (5) "motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway, except that such term does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail or rails; (6) "motor vehicle operator's license" means any license issued by a State which authorizes an individual to operate a motor vehicle on a highway; (7) "participating State" means any State which has notified the Secretary of its participation in the Register system, pursuant to section 204 of this title; (8) "Register" and "Register system" mean the National Driver Register established under section 203 of this title; (9) "Secretary" means the Secretary of Transportation; (10) "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States; and (11) "State of record" means any State which has transmitted to the Secretary, pursuant to section 205 of this title, any report regarding any individual who is the subject of a request for information made under section 206 of this title. ESTABLISHMENT OF REGISTER

SEC. 203. (a) The Secretary shall, as soon as practicable after the 23 USC 40i note. date of enactment of this title, establish and thereafter maintain a Register, to be known as the National Driver Register, to assist chief driver licensing officials of participating States in exchanging information regarding the motor vehicle driving records of individuals. The Register shall contain an index of the information that is information reported to the Secretary under section 205 of this title, and shall be index. designed to enable the Secretary, either electronically or, until such time as all States are capable of participating electronically, through the United States mails, to— (1) receive information submitted under section 205(a) of this title by the chief driver licensing official of any State of record; (2) receive any request for information made by the chief driver licensing official of any participating State under section 206 of this title; (3) refer such request to the chief driver licensing official of any State of record; and (4) relay without interception of the actual information to the chief driver licensing official of a participating State any information provided by any chief driver licensing official of a State of record in response to such request.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/380

 96 STAT. 1742

Final rule.

23 USC 313 note.

44 USC 3301 et seq. Erroneous information.

PUBLIC LAW 97-364—OCT. 25, 1982

(b) The Secretary shall not be responsible for the accuracy of any information relayed to the chief driver licensing official of any participating State, except that the Secretary shall maintain the Register in a manner that ensures against any inadvertent alteration of information during any relay. (c)(1) The Secretary shall, within eighteen months after the date of enactment of this title, promulgate a final rule which provides for procedures for the orderly transition from the system regarding the motor vehicle driving records of individuals provided in Public Law 86-660 (74 Stat. 526) to the Register established under subsection (a) of this section. (2) The Secretary shall not maintain in the Register any report or information which was compiled under the provisions of Public Law 86-660 (74 Stat. 526) and was transferred to the Register after (A) the date the State of record removes it from the State's file; (B) seven years after the date such report or information is entered into the Register; or (C) the date of establishment of a fully electronic Register system, whichever is earlier. Such report or information shall be disposed of in accordance with the provisions of chapter 33 of title 44, United States Code. (3) If the chief driver licensing official of any participating State finds that information which has been transmitted for inclusion in the Register under this section is erroneous or relates to a conviction of a traffic offense which is subsequently reversed, such official shall immediately notify the Secretary of the error. The Secretary shall provide for the immediate deletion from the Register of such material. (d) The Secretary shall assign to the administration of this title such personnel as may be necessary to ensure the effective functioning of the Register system. (e) The Secretary may prescribe such regulations as may be necessary to carry out the provisions of this title. STATE PARTICIPATION

23 USC 401 note.

Status termination.

SEC. 204. (a) Any State may become a participating State under this title by notifying the Secretary of its intention to be bound by the provisions of section 205 of this title. (b) Any participating State may terminate its status as a participating State under this title by notifying the Secretary of its withdrawal from participation in the Register system. (c) Any notification made by a State under subsection (a) or (b) of this section shall be made in such form, and according to such procedures, as the Secretary shall establish by regulation. REPORTS BY CHIEF DRIVER LICENSING OFFICIALS

23 USC 401 note.

SEC. 205. (a) The chief driver licensing official in each participating State shall, as soon as practicable after the date of enactment of this title, transmit to the Secretary a report containing the information required in subsection (b) of this section regarding any individual— (1) who is denied a motor vehicle operator's license by such State for cause; (2) whose motor vehicle operator's license is canceled, revoked, or suspended by such State, for cause; or

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96 STAT. 1743

(3) who is convicted under the laws of such State of the following motor vehicle-related offenses or comparable offenses— (A) operation of a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance; (B) a traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways; (C) failure to render aid or provide identification when involved in an accident which results in a fatality or personal injury; or (D) perjury or the knowledgeable making of a false affidavit or statement to officials in connection with activities governed by a law or regulation relating to the operation of a motor vehicle. (b) Any report regarding an individual which is transmitted by a Required chief driver licensing official pursuant to subsection (a) of this information. section shall contain— (1) the legal name, date of birth (including day, month, and year), sex, and (at the Secretary's discretion) the height, weight, eye and hair color of such individual; (2) the name of the State transmitting such information; and (3) the social security account number, if used by the reporting State for driver record or motor vehicle license purposes, and the motor vehicle operator's license number of such individual (if that number is different from the operator's social security account number); except that any report concerning an occurrence specified in subsection (a)(1), (2), or (3) of this section which occurs during the two-year period preceding the date on which such State becomes a participating State shall be sufficient if it contains all such information as is available to the chief driver licensing official on such date. (c) Any report required to be transmitted by a chief driver licensing official of a State under subsection (a) of this section shall be transmitted to the Secretary— (1) not later than thirty-one days after receipt by a State motor vehicle department of any information specified in subsection (b)(1), (2), or (3) of this section which is the subject of such report, if the date of such occurrence is after the date on which such State becomes a participating State; or (2) not later than the expiration of the six-month period following the date on which such State becomes a participating State, if such report concerns an occurrence specified in subsection (a)(1), (2), or (3) of this section that occurs during the twoyear period preceding such date. (d) Nothing in this section shall be construed to require any State to report any information concerning any occurrence which occurs before the two-year period preceding the date on which the State becomes a participating State. ACCESSIBILITY OF REGISTER INFORMATION

SEC. 206. (a)(1) For purposes of fulfilling his duties with respect to 23 USC 401 note. driver licensing, driver improvement, or highway safety, the chief driver licensing official of any participating State may, on and after the date of enactment of this title, request the Secretary to refer electronically or through the United States mails any request for

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Page:United States Statutes at Large Volume 96 Part 2.djvu/382

 96 STAT. 1744

I^equests by or emplwers

PUBLIC LAW 97-364—OCT. 25, 1982

information regarding the motor vehicle driving record of any individual to the chief driver licensing official of any State of record. (2) The Secretary shall electronically or through the United States mails relay to any chief driver licensing official of a participating State who requests information under paragraph (1) of this subsection any information received from the chief driver licensing official of any State of record regarding an individual in accordance with paragraph (1) of this subsection, except that the Secretary may refuse to relay any information to any such official who is the chief driver licensing official of a participating State which is not in compliance with the provisions of section 205 of this title. (b)(1) The Chairman of the National Transportation Safety Board and the Administrator of the Federal Highway Administration, for purposes of requesting information regarding any individual who is the subject of any accident investigation conducted by the Board or Bureau of Motor Carrier Safety, may request the chief driver licensing official of a State to obtain information under subsection (a) of this section regarding such individual. The Chairman and Administrator may receive any such information. (2) Any individual who is employed as a driver of a motor vehicle ^^ ^^^ Seeks employment as a driver of a motor vehicle may request the chief driver licensing official of the State in which the individual is employed or seeks employment to transmit information under subsection (a) of this section to his employer or prospective employer. An employer or prospective employer may receive such information regarding any such individual, and shall make that information available to the affected individual. There shall be no access to information in the Register under this paragraph if such information was entered in the Register more than three years before the date of such request. (3) Any individual, in order (A) to determine whether the Register is providing any data regarding him or the accuracy of any such data; or (B) to obtain a certified copy of data provided through the Register regarding him, may request the chief driver licensing official of a State to obtain information regarding him under subsection (a) of this section. (4) Any request made under this subsection shall be made in such form, and according to such procedures, as the Secretary shall establish by regulation. (c) Any request for, or receipt of, information by means of the Register shall be subject to the provisions of sections 552 and 552a of title 5, United States Code, and any other applicable Federal and State law, except that— (1) the Secretary shall not relay, or otherwise transmit, information specified in section 205(b)(1) or (3) of this title to any person not authorized by this section to receive such information; (2) any request for, or receipt of, information by any chief driver licensing official, or by any person authorized by subsection (b) of this section to request and receive information, shall be considered to be a routine use for purposes of section 552a(b) of title 5, United States Code; and (3) any receipt of information by any person authorized by this section to receive information shall be considered to be a disclosure for purposes of section 552a(c) of title 5, United States Code, except that the Secretary shall not be required to retain

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 PUBLIC LAW 97-364—OCT. 25, 1982

96 STAT. 1745

the accounting made under paragraph (1) of such section for more than a seven-year period after the date of such disclosure. PILOT TEST PROGRAM

SEC. 207. (a) The Secretary shall design, within eighteen months 23 USC 401 note. after the date of enactment of this title, and implement, within two years after the date of enactment of this title, a pilot test program for the purpose of demonstrating the potential effectiveness of a system for electronic referral and relay of information regarding the motor vehicle driving records of individuals. (b) The Secretary shall solicit the participation of States which are interested in participating in such program and shall, within thirty months after the date of enactment of this title, select four States to participate in the program. (c)(1) The Secretary shall select States in accordance with the provisions of subsection (b) of this section from among States which have in effect, on the date of selection, an intrastate online driver licensing system capable of electronically transmitting information regarding the motor vehicle driving records of individuals. (2) The Secretary shall select only those States which indicate a willingness to participate in a comprehensive mechanical and programmatic evaluation of systems for the electronic transfer of information. (3) The Secretary shall ensure that the selection made pursuant to subsection (b) of this section is representative of varying geographical and population characteristics of the Nation. (4) No State shall participate in the program unless it agrees to assist in providing information to other States regarding the electronic transfer of the motor vehicle driving records of individuals. (d) Within two years after the date of enactment of this title, the Secretary shall begin the pilot program authorized by subsection (a) of this section. Such program shall continue for a period of one year. In carrying out the program, the Secretary shall utilize different Computer computer technologies and equipment in order to determine which technolotechnology and equipment is most effective for the electronic trans- gies and equipment. fer of the motor vehicle driving records of individuals. The Secretary shall determine which systems and devices will best interconnect with systems and devices used in the States which are participating in the pilot program, as well as those used in other States. (e) Any equipment or device which is provided to a State for use in the pilot program conducted under this section may, in the discretion of the Secretary, remain with the State following the conclusion of the pilot program. (f) Not later than one year after the conclusion of the pilot Report to program, the Secretary shall submit to the Congress a report on the Congress. program. Such report shall include an evaluation of the technology utilized during the program, together with an explanation of the nature and degree of State participation in the program. The report shall also contain an evaluation of achievements of the pilot program, as well as a projection of accomplishments which might result from the acquisition of electronic transfer equipment and methods by States other than those which participated in the pilot program.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/384

 96 STAT. 1746

PUBLIC LAW 97-364—OCT. 25, 1982 CRIMINAL PENALTIES

23 USC 401 note.

SEC. 208. (a) Any person, other than an individual described in section 206(b)(4) of this title, who receives under section 206 of this title information specified in section 205(b)(1) or (3) of this title (the disclosure of which is not authorized by section 206 of this title), and who, knowing that disclosure of such information is not authorized, willfully discloses such information, shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (b) Any person who knowingly and willfully requests or under false pretenses obtains information specified in section 205(b)(1) or (3) of this title from any person who receives such information under section 206 of this title shall be fined not more than $10,000 or imprisoned for not more than one year, or both. ADVISORY COMMITTEE

23 USC 401 note.

Membership.

Office terms.

Vacancies.

SEC. 209. (a) There hereby is established a National Driver Register Advisory Committee, which shall advise the Secretary concerning the efficiency of the maintenance and operation of the Register, and the effectiveness of the Register in assisting States in exchanging information regarding motor vehicle driving records. (b) The Advisory Committee shall consist of fifteen members, appointed by the Secretary, as follows: (1) three members from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, and who are not employees of the Federal Government or of any State; and (2) three members from among groups outside the Government which represent the interests of bus and trucking organizations, enforcement officials, labor, or safety organizations; and (3) nine members, geographically representative of the participating States, from among individuals who are chief driver licensing officials of participating States. (c)(1) Except as provided in paragraph (2) and paragraph (3), each member of the Advisory Committee shall be appointed for a term of three years. (2) Of the members first appointed— (A) one of the members described in subsection (b)(1) and one of the members described in subsection (b)(2) and three of the members described in subsection (b)(3) shall be appointed for a term of one year; (B) one of the members described in subsection (b)(1) and one of the members described in subsection (b)(2) and three of the members described in subsection (b)(3) shall be appointed for a term of two years; and (C) one of the members described in subsection (b)(1) and one of the members described in subsection (b)(2) and three of the members described in subsection (b)(3) shall be appointed for a term of three years; as designated by the Secretary at the time of appointment. (3) Any vacancy in the Advisory Committee shall be filled in the same manner as original appointments. Any member appointed to fill any vacancy shall serve for the remainder of the term for which his predecessor was appointed. Any member may serve after the expiration of his term until his successor has taken office.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/385

 PUBLIC LAW 97-364—OCT. 25, 1982

96 STAT. 1747

(d) The members of the Advisory Committee shall serve without Compensation. compensation, but the Secretary is authorized to reimburse such members for all reasonable travel expenses incurred by them in attending the meetings of the Advisory Committee. (e)(1) The Advisory Committee shall meet not less than once each year. (2) The Advisory Committee shall elect a Chairman and a Vice Chairman from among the members of the Advisory Committee. (3) Eight members of the Advisory Committee shall constitute a Quorum, quorum. (4) The Advisory Committee shall meet at the call of the Chairman or a majority of the members of the Advisory Committee. (f) The Advisory Committee may receive from the Secretary such personnel, penalty mail privileges, and similar services, as the Secretary considers necessary to assist it in performing its duties and functions under this section. (g) Not less than once each year, the Advisory Committee shall Report. prepare and submit to the Secretary a report concerning the efficiency of the maintenance and operation of the Register, and the effectiveness of the Register in assisting States in exchanging information regarding motor vehicle driving records. Such report shall include any recommendations of the Advisory Committee for changes in the Register system. (h) The Advisory Committee shall be exempt from the requirements of section 10(e), section 10(f), and section 14 of the Federal Advisory Committee Act (5 U.S.C. Appendix). REPORT BY SECRETARY

SEC. 210. Not later than the expiration of the four-year period following the date of enactment of this title, the Secretary shall prepare and submit to the Congress a comprehensive report setting forth the extent and level of participation in the Register system, and the effectiveness of such system in the identification of unsafe drivers. Such report shall include any recommendations of the Secretary concerning the desirability of extending the authorization of appropriations for this title beyond the period of authorization provided in section 211 of this title.

Submittal to Congress. 23 USC 401 note.

AUTHORIZATION OF APPROPRIATIONS

SEC. 211. (a) There are authorized to be appropriated for fiscal years beginning after September 30, 1982, for expenses incurred in the establishment of the Register system under this title not to exceed $2,000,000. (b) There are authorized to be appropriated to carry out the provisions of this title and the provisions of Public Law 86-660 (74

97-200 O - 8 4 - p t. 2

13: QL3

23 USC 401 note.

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38 break until they came in contact with the floor.

"I'm so sorry!" Nan faltered. "The car jerked so I could not keep it."

"Never mind, my dear," answered the nice old lady, "I just enjoyed that game as much as you did, and if I hadn't stuck my eyes out so, they would not have met your ball. So, it's all right. I have another pair in my bag."

So the game ended with the accident, for it was now time to gather up the baggage for the last stop.


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 96 STAT. 1748

PUBLIC LAW 97-364—OCT. 25, 1982

23 USC 313 note. Stat. 526) not to exceed $1,000,000 for fiscal year 1983, not to exceed $1,300,000 for fiscal year 1984, not to exceed $1,600,000 for fiscal year 1985, not to exceed $1,600,000 for fiscal year 1986, and not to exceed $1,600,000 for fiscal year 1987. (c) Funds authorized under this section shall remain available until expended. Approved October 25, 1982.

LEGISLATIVE HISTORY—H.R. 6170 (S. 2158): HOUSE REPORT No. 97-867 (Comm. on Public Works and Transportation). SENATE REPORT No. 97-360 accompanying S. 2158 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 128 (1982): May 11, S. 2158 considered and passed Senate. Sept. 29, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 43 (1982): Oct. 25, Presidential statement.

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 PUBLIC LAW 97-365—OCT. 25, 1982 Public Law 97-365 97th Congress

96 STAT. 1749

An Act To increase the efficiency of Government-wide efforts to collect debts owed the United States and to provide additional procedures for the collection of debts owed the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Debt Collection Act of 1982".

Oct. 25, 1982 [H.R. 4613] Debt Collection Act of 1982. 5 USC 5514 note.

AMENDMENTS TO THE PRIVACY ACT

SEC. 2. (a) Section 552a(b) of title 5, United States Code, is amended— (1) by striking out "or" at the end of paragraph (10); (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof "; or"; and (3) by adding at the end thereof the following new paragraph: "(12) to a consumer reporting agency in accordance with section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d)).". (b) Section 552a(m) of such title is amended— (1) by inserting "(1)" immediately after "(m)"; and (2) by adding at the end thereof the following new paragraph: "(2) A consumer reporting agency to which a record is disclosed under section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d)) shall not be considered a contractor for the purposes of this section.".

Infra.

AMENDMENT TO THE FEDERAL CLAIMS COLLECTION ACT OF 1966

SEC. 3. Section 3 of the Federal Claims Collection Act of 1966 (31 U.S.C. 952) is amended by adding at the end thereof the following new subsection: "(d)(1) Whenever the head of an agency attempts to collect a claim of the United States under subsection (a) of this section, or under any other statutory authority except the Internal Revenue Code of 1954, the head of the agency may disclose to a consumer reporting agency information from a system of records that an individual is responsible for a claim if— "(A) the notice for the system of records required by section 552a(e)(4) of title 5, United States Code, indicates that information in the system may be disclosed to a consumer reporting agency; "(B) the head of the agency has reviewed the claim and determined that such claim is valid and overdue; "(C) the head of the agency has sent a written notice to the individual informing such individual— "(i) that the payment of the claim is overdue; "(ii) that the agency intends to disclose to a consumer reporting agency, within not less than sixty days after

Information disclosure. 26 USC 1 et seq.

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 96 STAT. 1750

Review of individual obligation.

Definitions.

PUBLIC LAW 97-365—OCT. 25, 1982

sending such notice, that the individual is responsible for such claim; "(iii) of the specific information intended to be disclosed to the consumer reporting agency; and "(iv) of the rights of such individual to a full explanation of the claim, to dispute any information in the records of the agency concerning the claim, and to administrative appeal or review with respect to the claim; "(D) such individual has not— "(i) repaid or agreed to repay such claim under a repayment plan which is agreeable to the head of the agency and is in a written form signed by such individual; or "(ii) filed for review of such claim under paragraph (2) of this subsection; "(E) the agency has established procedures (i) for promptly disclosing, to each consumer reporting agency to which the original disclosure was made, any substantial change in the status or amount of the claim, (ii) for promptly verifying or correcting, as appropriate, information concerning the claim upon the request of any such consumer reporting agency for verification of any or all information so disclosed, and (iii) for obtaining satisfactory assurances from each such consumer reporting agency concerning compliance by such consumer reporting agency with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and any other Federal law governing the provision of consumer credit information; and "(F) the information disclosed to the consumer reporting agency is limited to (i) the name, address, taxpayer identification number, and other information necessary to establish the identity of the individual, (ii) the amount, status, and history of the claim, and (iii) the agency or program under which the claim arose. "(2) Prior to a disclosure to any consumer reporting agency under paragraph (1) of this subsection and at such other times as may be permitted by law, the head of the agency shall, upon request of any individual alleged by the agency to be responsible for the claim, provide for the review of the obligation of such individual, including an opportunity for reconsideration of the initial decision concerning the claim. "(3) If an agency does not have a current address for an individual for the purpose of sending the notice required by paragraph (1)(C), the agency shall take reasonable action to locate the individual prior to disclosing any information to a consumer reporting agency under paragraph (1). "(4) For purposes of this subsection— "(A) the term 'consumer reporting agency' means— "(i) a consumer reporting agency within the meaning of section 603(0 of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)); or "(ii) any person who, for monetary fees, dues, or on a cooperative basis, regularly engages in whole or in part in the practice of (I) obtaining credit or other information on consumers for the purpose of furnishing such information to consumer reporting agencies (as defined in clause (i) of this subparagraph), or (II) serving as a marketing agent under arrangements enabling third parties to obtain such information from such reporting agencies;

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 PUBLIC LAW 97-365—OCT. 25, 1982

96 STAT. 1751

"(B) the term 'system of records' has the meaning given such term under section 552a(a)(5) of title 5, United States Code; and "(C) the term 'head of an agency' includes a designee of the head of an agency.". REQUIREMENT THAT APPLICANT FURNISH TAXPAYER IDENTIFYING NUMBER

SEC. 4. (a) IN GENERAL.—Each Federal agency administering an included Federal loan program shall require any person applying for a loan under such program to furnish such person's taxpayer identifying number. (b) DEFINITIONS.—For purposes of this section— (1) INCLUDED FEDERAL LOAN PROGRAM.—The term "included Federal loan program" has the meaning given to such term by subparagraph (C) of section 6103(1)(3) of the Internal Revenue Code of 1954 (as added by section 7 of this Act). (2) TAXPAYER IDENTIFYING NUMBER.—The term "taxpayer identifying number" has the meaning given to such term by section 6109 of such Code.

26 USC 6103 note.

26 USC 6109.

SALARY OFFSET

SEC. 5. (a) Subsection (a) of section 5514 of title 5, United States Code, is amended to read as follows: "(a)(1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual. The deductions may be made from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. The amount deducted for any period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from subsequent payments of any nature due the individual from the agency concerned. "(2) Except as provided in paragraph (3) of this subsection, prior to initiating any proceedings under paragraph (1) of this subsection to collect any indebtedness of an individual, the head of the agency holding the debt or his designee, shall provide the individual with— "(A) a minimum of thirty days written notice, informing such individual of the nature and amount of the indebtedness determined by such agency to be due, the intention of the agency to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this subsection; "(B) an opportunity to inspect and copy Government records relating to the debt; "(C) an opportunity to enter into a written agreement with the agency, under terms agreeable to the head of the agency or

Written notice.

Record inspection. Written agreement.

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 96 STAT. 1752

Hearing.

Petition filing.

Definitions.

PUBLIC LAW 97-365—OCT. 25, 1982

his designee, to establish a schedule for the repayment of the debt; and "(D) an opportunity for a hearing on the determination of the agency concerning the existence or the amount of the debt, and in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to subparagraph (C), concerning the terms of the repayment schedule. A hearing, described in subparagraph (D), shall be provided if the individual, on or before the fifteenth day following receipt of the notice described in subparagraph (A), and in accordance with such procedures as the head of the agency may prescribe, files a petition requesting such a hearing. The timely filing of a petition for hearing shall stay the commencement of collection proceedings. A hearing under subparagraph (D) may not be conducted by an individual under the supervision or control of the head of the agency, except that nothing in this sentence shall be construed to prohibit the appointment of an administrative law judge. The hearing official shall issue a final decision at the earliest practicable date, but not later than sixty days after the filing of the petition requesting the hearing. "(3) The collection of any amount under this section shall be in accordance with the standards promulgated pursuant to the Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) or in accordance with any other statutory authority for the collection of claims of the United States or any agency thereof "(4) For purposes of this subsection— "(A) 'disposable pay' means that part of pay of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld; and "(B) 'agency' includes the United States Postal Service and the Postal Rate Commission.". (b) Section 5514(b) of title 5, United States Code, is amended by inserting "(1)" immediately after "(b)" and by adding at the end thereof the following new paragraph: "(2) For purposes of section 7117(a) of this title, no regulation prescribed to carry out subsection (a)(2) of this section shall be considered to be a Government-wide rule or regulation.". (c) The section heading of section 5514 of title 5, United States Code, is amended to read as follows: States". PROTECTION OF FEDERAL DEBT COLLECTORS
 * '§5514. Installment deduction for indebtedness to the United

SEC. 6. Section 1114 of title 18, United States Code, is amended— (1) by striking out "or" before "any attorney"; and (2) by inserting before "shall be punished" a comma and the following: "or any officer or employee of the United States or any agency thereof designated to collect or compromise a Federal claim in accordance with the Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) or other statutory authority". SCREENING POTENTIAL DEBTORS SEC. 7. (a) DISCLOSURE TO FEDERAL LENDING AGENCY THAT APPLICANT HAS TAX DEUNQUENT ACCOUNT.—Paragraph (3) of section

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 PUBLIC LAW 97-365—OCT. 25, 1982

96 STAT. 1753

6103(1) of the Internal Revenue Code of 1954 is amended to read as 26 USC 6103. follows: "(3) DISCLOSURE THAT APPLICANT FOR FEDERAL LOAN HAS TAX DELINQUENT ACCOUNT.—

"(A) IN GENERAL.—Upon written request, the Secretary may disclose to the head of the Federal agency administering any included Federal loan program whether or not an applicant for a loan under such program has a tax delinquent account, "(B) RESTRICTION ON DISCLOSURE.—Any disclosure under subparagraph (A) shall be made only for the purpose of, and to the extent necessary in, determining the creditworthiness of the applicant for the loan in question. "(C)

INCLUDED FEDERAL LOAN PROGRAM DEFINED.—For

purposes of this paragraph, the term 'included Federal loan program' means any program— "(i) under which the United States or a Federal agency makes, guarantees, or insures loans, and "(ii) with respect to which there is in effect a determination by the Director of the Office of Management and Budget (which has been published in the Federal Register) that the application of this paragraph to such program will substantially prevent or reduce future delinquencies under such program." (b) TECHNICAL AMENDMENTS.—

(1) Clause (i) of section 6103(p)(3)(C) of such Code is amended by striking out "(1)(3) or (6)" and inserting in lieu thereof "(1)(6)". (2) Paragraph (4) of section 6103(p) of such Code is amended— (A) by striking out "(1)(1), (2)," in the matter preceding subparagraph (A) and inserting in lieu thereof "(1)(1), (2), (3),'\ (B) by striking out "(1)(3), (6)," and inserting in lieu thereof "(1)(6),", and (C) by striking out "(1)(1), (2), or (5), or (o)(l), the commission described in subsection (1)(3)" in subparagraph (F)(ii) and inserting in lieu thereof "(1)(1), (2), (3), or (5), or (o)(l),". (c) EFFECTIVE DATE,—The amendments made by this section shall 26 USC 6103 apply in the case of loan applications made after September 30, ^°^^1982. DISCLOSURE OF MAIUNG ADDRESS TO THIRD PARTIES FOR PURPOSES OF COLLECTING FEDERAL CLAIMS

SEC. 8. (a) Paragraph (2) of section 6103(m) of the Internal Revenue Code of 1954 (relating to disclosure of taxpayer identity information) is amended to read as follows: "(2) FEDERAL CLAIMS.—

"(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary may, upon written request, disclose the mailing address of a taxpayer for use by officers, employees, or agents of a Federal agency for purposes of locating such taxpayer to collect or compromise a Federal claim against the taxpayer in accordance with section 3 of the Federal Claims Collection Act of 1966 (31 U.S.C. 952). "(B) SPECIAL RULE FOR CONSUMER REPORTING AGENCY.—In

the case of an agent of a Federal agency which is a consum-

26 USC 6103.

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 96 STAT. 1754

26 USC 6103.

PUBLIC LAW 97-365—OCT. 25, 1982

er reporting agency (within the meaning of section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f))), the mailing address of a taxpayer may be disclosed to such agent under subparagraph (A) only for the purpose of allowing such agent to prepare a commercial credit report on the taxpayer for use by such Federal agency in accordance with section 3 of the Federal Claims Collection Act of 1966 (31 U.S.C. 952)." (b) SAFEGUARDS.—Paragraph (4) of section 6103(p) of such Code (relating to safeguards) is amended by adding at the end thereof the following new sentence: "In the case of any agency which receives any mailing address under subsection (m)(2) or (4) and which discloses any such mailing address to any agent, this paragraph shall apply to such agency and each such agent (except that, in the case of an agent, any report to the Secretary or other action with respect to the Secretary shall be made or taken through such agency)." (c) TECHNICAL AMENDMENTS.—

(1) Paragraph (3) of section 6103(a) of such Code is amended by striking out "subsection (m)(4)(B)" and inserting in lieu thereof "paragraph (2) or (4)(B) of subsection (m)". 26 USC 7213. (2) Paragraph (2) of section 7213(a) of such Code (relating to unauthorized disclosure of information) is amended by striking out "(m)(4)" and inserting in lieu thereof "(m)(2) or (4)". 26 USC 6103 ((J) EFFECTIVE DATE.—The amendments made by this section shall "° ® take effect on the date of the enactment of this Act. 5 USC 5514 (e) Except as otherwise provided in section 4 or 7 or the foregoing note. provisions of this section, nothing in this Act (or in the amendments made by this Act) shall apply to claims or indebtedness arising under, or amounts payable under, the Internal Revenue Code of 26 USC 1 et seq. 1954, the Social Security Act, or the tariff laws of the United States. 42 USC 1305. STATUTE OF LIMITATIONS WITH RESPECT TO ADMINISTRATIVE OFFSETS

Infra.

SEC. 9. Section 2415 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: "(i) The provisions of this section shall not prevent the United States or an officer or agency thereof from collecting any claim of the United States by means of administrative offset, in accordance with section 5 of the Federal Claims Collection Act of 1966.". ADMINISTRATIVE OFFSETS

SEC. 10. The Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) is amended— 31 USC 951 note. (1) by redesignating section 5 as section 6; and (2) by adding the following new section 5: 31 USC 954. "SEC. 5. (a) The head of an agency or his designee may, after attempting to collect a claim from a person under section 3(a) of this Act, collect the claim by means of administrative offset, except that no claim under this Act that has been outstanding for more than ten years may be collected by means of administrative offset. "(b) The head of an agency or his designee may not collect any claim by administrative offset authorized by subsection (a) unless the agency head has prescribed regulations for the exercise of such administrative offset, based on the best interests of the United States, the likelihood of collecting a claim by administrative offset.

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 PUBLIC LAW 97-365—OCT. 25, 1982 and, with respect to the collection of claims by means of administrative offset after the six-year period provided in section 2415 of title 28, United States Code, has expired for bringing an action on such a claim, the cost effectiveness of leaving such claim unresolved for more than six years. "(c) Prior to collecting any claim through administrative offset, the head of the agency or his designee shall provide the debtor with— "(1) written notification of the nature and amount of the claim, the intention of the agency to collect the claim through administrative offset, and an explanation of the rights of the debtor under this section; "(2) an opportunity to inspect and copy the records of the agency with respect to the claim; "(3) an opportunity for the review, within the agency, of the determination of the agency with respect to the claim; and "(4) an opportunity to enter into a written agreement with the head of the agency or his designee, for the repayment of the amount of the claim. "(d) The provisions of this section shall not apply in any case in which a statute either explicitly provides for or prohibits the collection through administrative offset of the claim or type of claim involved. "(e) For purposes of this section— "(1) the term 'administrative offset' means the withholding of money payable by the United States to or held by the United States on behalf of a person to satisfy a debt owed the United States by that person; and "(2) the term 'person' does not include any agency of the United States, or of any State or local government.".

96 STAT. 1755

Provisions affecting debtor.

"Administrative offset."

"Person.

INTEREST AND PENALTY ON INDEBTEDNESS TO THE UNITED STATES

SEC. 11. Section 3 of the Federal Claims Collection Act of 1966 (31 U.S.C. 952) (as amended by section 3 of this Act) is further amended by adding at the end thereof the following new subsection: "(e)(1) Except as provided in paragraph (3), the head of an agency or his designee shall charge a minimum annual rate of interest on outstanding debts on claims owed by persons that is equal to the average investment rate for the Treasury tax and loan accounts for the twelve-month period ending on September 30 of each year, rounded to the nearest whole per centum. The Secretary of the Treasury or his designee shall publish such rate each year not later than October 31 and such rate shall become effective on the first day of the next calendar quarter. The Secretary of the Treasury may revise such rate quarterly if the average investment rate for the twelve-month period ending at the close of that calendar quarter, rounded to the nearest whole per centum, is greater or less than the existing published rate by 2 per centum. For purposes of this paragraph, 'calendar quarter' means any three-month period beginning on January 1, April 1, July 1, or October 1. "(2) Except as provided in paragraph (3), the head of an agency or his designee shall, with respect to claims owed by persons— "(A) assess charges to cover the costs of processing and handling delinquent claims, and

Publication of rate.

"Calendar quarter."

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 96 STAT. 1756

PUBLIC LAW 97-365—OCT. 25, 1982

"(B) assess a penalty charge, not to exceed 6 per centum per annum, for failure to pay any portion of a debt more than ninety days past due. "(3) Interest and charges under paragraphs (1) and (2) shall not apply if an applicable statute, a regulation required by statute, a loan agreement, or a contract either prohibit the charging of interest or charges, or explicitly fix interest or charges that apply to Waivers. claims involved. The head of an agency or his designee may promulgate regulations identifying circumstances appropriate to waive collection of interest and charges in conformity with such standards as may be promulgated jointly by the Attorney General and the Comptroller General. Waivers in accordance with such regulations shall constitute compliance with the requirements of paragraphs (1) and (2). "(4) This subsection shall not apply to any claim under a contract which is executed before the effective date of this subsection and which is in effect on that date. Interest accrual. "(5) Subject to paragraph (6), interest under paragraph (1) shall accrue— "(A) except as provided in subparagraph (B), from the date on which notification of the amount due on the claim is first mailed to the debtor (using the most current address of such debtor that is available to the head of the agency or his designee); or "(B) if such notification was first mailed before the date of the Ante, p. 1749. enactment of the Debt Collection Act of 1982, from the date on which such notification is first mailed after such date of enactment. The rate of interest to be charged on a claim under paragraph (1) shall be the rate in effect on the date from which interest accrues on the claim under subparagraph (A) or (B), and shall remain fixed at that rate for the duration of the indebtedness. "(6) Interest under paragraph (1) shall not be charged if the amount due on the claim is paid within thirty days after the date from which interest accrues under paragraph (5). The head of an agency may extend such thirty-day period. "(7) Interest under this subsection shall not accrue on any charges assessed pursuant to paragraph (2) of this subsection. "Person." "(8) For purposes of this subsection, the term 'person' does not include any agency of the United States or any State or local government." REPORT ON AGENCY DEBT COLLECTION ACTIVITIES

31 USC 955.

SEC. 12. (a) The Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury and Comptroller General of the United States, shall establish regulations requiring each agency with outstanding debts to prepare and transmit to the Director and the Secretary of the Treasury at least once each year a report which summarizes the status of loans and accounts receivable managed by each agency. The report shall contain information regarding— (1) the total amount of loans and accounts receivable owed to the agency and when the funds owed to the agency are due to be repaid; (2) the total amount of receivables and number of claims that are at least thirty days past due;

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