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 PUBLIC LAW 97-200—JUNE 23, 1982 is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution. "(b)(1) Subject to paragraph (2), no person other than a person committing an offense under section 601 shall be subject to prosecution under such section by virtue of sectio;i 2 or 4 of title 18, United States Code, or shall be subject to prosecution for conspiracy to commit an offense under such section. "(2) Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, or (B) in the case of a person who has authorized access to classified information. "(c) It shall not be an offense under section 601 to transmit information described in such section directly to the Select Committee on Intelligence of the Senate or to the Permanent Select Committee on Intelligence of the House of Representatives. "(d) It shall not be an offense under section 601 for an individual to disclose information that solely identifies himself as a covert agent.

96 STAT. 123

Information, transmittal to congressional committees.

"REPORT

"SEC. 603. (a) The President, after receiving information from the 50 USC 423. Director of Central Intelligence, shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives an annual report on measures to protect the identities of covert agents, and on any other matter relevant to the protection of the identities of covert agents. "(b) The report described in subsection (a) shall be exempt from any requirement for publication or disclosure. The first such report shall be submitted no later than February 1, 1983. EXTRATERRITORIAL JURISDICTION

"SEC. 604. There is jurisdiction over an offense under section 601 50 USC 424. committed outside the United States if the individual committing the offense is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act). 8 USC lioi. PROVIDING INFORMATION TO CONGRESS

"SEC. 605. Nothing in this title may be construed as authority to 50 USC 425. withhold information from the Congress or from a committee of either House of Congress. "DEFINITIONS

"SEC. 606. For the purposes of this title: "(1) The term 'classified information' means information or material designated and clearly marked or clearly represented, pursuant to the provisions of a statute or Executive order (or a regulation or order issued pursuant to a statute or Executive

50 USC 426.

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 96 STAT. 124

PUBLIC LAW 97-200—JUNE 23, 1982 order), as requiring a specific degree of protection against unauthorized disclosure for reasons of national security, "(2) The term 'authorized', when used with respect to access to classified information, means having authority, right, or permission pursuant to the provisions of a statute. Executive order, directive of the head of any department or agency engaged in foreign intelligence or counterintelligence activities, order of any United States court, or provisions of any Rule of the House of Representatives or resolution of the Senate which assigns responsibility within the respective House of Congress for the oversight of intelligence activities. "(3) The term 'disclose' means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available. "(4) The term 'covert agent' means— "(A) an officer or employee of an intelligence agency or a member of the Armed Forces assigned to duty with an intelligence agency— "(i) whose identity as such an officer, employee, or member is classified information, and "(ii) who is serving outside the United States or has within the last five years served outside the United States; or "(B) a United States citizen whose intelligence relationship to the United States is classified information, and— "(i) who resides and acts outside the United States as an agent of, or informant or source of operational assistance to, an intelligence agency, or "(ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation; or "(C) an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant or source of operational assistance to, an intelligence agency. "(5) The term 'intelligence agency' means the Central Intelligence Agency, a foreign intelligence component of the Department of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation. "(6) The term 'informant' means any individual who furnishes information to an intelligence agency in the course of a confidential relationship protecting the identity of such individual from public disclosure. "(7) The terms 'officer' and 'employee' have the meanings given such terms by section 2104 and 2105, respectively, of title 5, United States Code. "(8) The term 'Armed Forces' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. "(9) The term 'United States', when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands. "(10) The term 'pattern of activities' requires a series of acts with a common purpose or objective.".

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 PUBLIC LAW 97-200—JUNE 23, 1982 (b) The table of contents at the beginning of such Act is amended by adding at the end thereof the following: "TITLE VI—PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION "Sec. 601. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources. "Sec. 602. Defenses and exceptions. "Sec. 603. Report "Sec. 604. Extraterritorial jurisdiction. "Sec. 605. Providing information to Congress. "Sec. 606. Definitions.". Approved June 23, 1982.

LEGISLATIVE HISTORY—H.R. 4 (S. 391): HOUSE REPORTS: No. 97-221 (Comm. on Intelligence) and No. 97-580 (Comm. of SENATE REPORT No. 97-201 accompaning S. 391 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 127 (1981): Sept. 23, considered and passed House. Vol. 128 (1982): Feb. 25, Mar. 1, 15-17, S. 391 considered in Senate. Mar. 18, H.R. 4 considered and passed Senate, amended. June 2, 3, House considered and agreed to conference report. June 10, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 25 (1982): June 23, Presidential statement.

96 STAT. 125

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 96 STAT. 126

PUBLIC LAW 97-201—JUNE 23, 1982 Public Law 97-201 97th Congress

An Act June 23, 1982 [H.R. 5432]

To authorize the presentation on behalf of the Congress of a specially struck gold medal to Admiral Hyman George Rickover.

Be it enacted by the Senate and House of Representatives of the Admiral Hyman United States of America in Congress assembled, That the Congress George Rickover. finds and declares that— Commemorative (1) Admiral Hyman George Rickover has served his country medal. for sixty-three years with the highest distinction, with uncommon dedication, and with great honor as an officer of the United States Navy; (2) Admiral Rickover has pioneered the development of nuclear reactor technology for the propulsion of naval vessels, has provided the expertise to construct the world's first true submersible, and thereby has revolutionized the concepts of naval warfare; (3) with an unswerving faith in, and devotion to, the United States of America, Admiral Rickover has contributed to the defense of our Nation and to the peaceful development of nuclear reactor technology for the world by developing and constructing the first full-scale nuclear electrical generating plant in the United States; (4) Admiral Rickover has developed and maintained standards of safety for the use of nuclear energy which have permitted the continued safe operation of naval nuclear reactor plants from their inception to the one hundred and sixty-one plants in operation today; and (5) Admiral Rickover has for many years provided the Congress of the United States his uncompromising, independent, and candid advice, and greatly assisted the Congress of the United States in its deliberations on the issues of national defense, nuclear energy, environmental protection, and other important matters. SEC. 2. (a) The Speaker of the House of Representatives and the President pro tempore of the Senate are authorized to present, on behalf of the Congress, to Admiral Hyman George Rickover, a gold medal of appropriate design in recognition of his distinguished service to the United States and for his unique world-renowned contributions to the development of safe nuclear energy and to the defense of the United States of America. For such purpose, the Secretary of the Treasury is authorized and directed to cause to be struck a gold medal with suitable emblems, devices, and inscriptions Appropriation to be determined by the Secretary of the Treasury. There are authorization. authorized to be appropriated not to exceed $22,000 to carry out the provisions of this subsection. Duplicates. (b) The Secretary of the Treasury may cause duplicates in bronze of such medal to be coined and sold under such regulations as he may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, overhead expenses, and

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 PUBLIC LAW 97-201—JUNE 23, 1982

96 STAT. 127

the gold medal. The appropriation used to cany out the provisions of subsection (a) shall be reimbursed out of the proceeds of such sales. (c) The medals provided for in this Act are national medals for the purpose of section 8551 of the Revised Statutes (31 U.S.C. 368). Approved June 23, 1982.

LEGISLATIVE HISTORY—H.R. 5432 (S. 2018): CONGRESSIONAL RECORD, Vol. 128 (1982): Jan. 28, 29, S. 2018 considered and passed Senate. Apr. 27, considered and passed House. June 9, considered and passed Senate.

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 96 STAT. 128

PUBLIC LAW 97-202—JUNE 24, 1982 Public Law 97-202 97th Congress An Act

June 24, 1982 [H.R. 5566]

Authorizing appropriations to the Secretary of the Interior for services necessary to the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, and for other purposea

Be it enacted by the Semite and House of Representatives of the John F Kennedy United States of America in Congress assembled, That subsection (e) PerformJ^g Arts of section 6 of the John F. Kennedy Center Act (Public Law 85-874, appropriation ' 83 amended; 20 U.S.C. 761) is amended by striking out the period in authorization. the last Sentence and adding in lieu thereof ", and not to exceed 20 USC 76/. $4,247,000 for thefiscalyear ending September 30, 1983." Approved June 24, 1982.

LEGISLATIVE HISTORY—H.R. 5566 (S. 2134): HOUSE REPORT No. 97-531 (Comm. on Public Works and Transportation). SENATE REPORT No. 97-458 accompanying S. 2134 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 128 (1982): June 3, considered and passed House. June 9, considered and passed Senate.

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 PUBLIC LAW 97-203—JUNE 24, 1982

96 STAT. 129

Public Law 97-203 97th Congress An Act To authorize the Smithsonian Institution to construct a building for the National Museum of African Art and a center for Eastern art together with structures for related educational activities in the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street Southwest, in the cityofWashmgton.

June 24, 1982 [H.R. 5659]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Board of National Museum of Regents of the Smithsonian Institution is authorized to construct a African Art and building for the National Museum of African Art and a center for Eastern art Eastern art together with structures for related educational activi- center, ties in the area south of the original Smithsonian Institution Build- authorization. ing adjacent to Independence Avenue at Tenth Street Southwest, in the city of Washington. SEC. 2. Effective October 1, 1982, there is authorized to be appro- 20 USC 50 note. Appropriation priated to the Board of Regents of the Smithsonian Institution authorization. $36,500,000 to carry out the purposes of this Act. Except for funds 20 USC 50 note. obligated or expended for planning, administration, and management expenses, and architectural or other consulting services, no funds appropriated pursuant to this section shall be obligated or expended until such time as there is available to such Board, from private donations or from other non-Federal sources, a sum which, when combined with the funds so appropriated, is sufficient to carry out the purposes of this Act. SEC. 3. Any portion of the sums appropriated to carry out the Transfer of purposes of this Act may be transferred to the General Services funds. Administration which, in consultation with the Smithsonian Institu- 20 USC 50 note. tion, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes. Approved June 24, 1982.

LEGISLATIVE HISTORY—H.R. 5659 (S. 2102): HOUSE REPORT No. 97-534 (Comm. on Public Works and Transportation). SENATE REPORT No. 97-433 accompanying S. 2102 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 128 (1982): June 3, considered and passed House. June 9, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 25 (1982): June 24, Presidential statement.

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 96 STAT. 130

PUBLIC LAW 97-204—JUNE 28, 1982 Public Law 97-204 97th Congress Joint Resolution

June 28, 1982 [H.J. Res. 519]

IJIQ pj^oyide for a temporary increase in the public debt limit.

Resolved by the Senate and House of Representatives of the United Public debt limit, SUites of America in Congress assembled, That during the period inSeas^^ beginning on the date of the enactment of this Act and ending on 31 USC 757b September 30, 1982, the public debt limit set forth in the first note. sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) shall be temporarily increased by $743,100,000,000 (and any other provision of law providing for a temporary increase in such limit shall not apply). Approved June 28, 1982.

LEGISLATIVE HISTORY—H.J. Res. 519: CONGRESSIONAL RECORD, Vol. 128 (1982): June 23, considered and passed House and Senate.

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 PUBLIC LAW 97-205—JUNE 29, 1982 Public Law 97-205 97th Congress

96 STAT. 131

An Act

To amend the Voting Rights Act of 1965 to extend the effect of certain provisions, and for other purposes.

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 "Voting Rights Act Amendments of 1982". SEC. 2. (a) Subsection (a) of section 4 of the Voting Rights Act of 1965 is amended by striking out "seventeen years" each place it appears and inserting in lieu thereof "nineteen years". (b) Effective on and after August 5, 1984, subsection (a) of section 4 of the Voting Rights Act of 1965 is amended— (1) by inserting "(1)" after "(a)"; (2) by inserting "or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit," before "or in any political subdivision with respect to which" each place it appears; (3) by striking out "in an action for a declaratory judgment" the first place it appears and all that follows through "color through the use of such tests or devices have occurred anywhere in the territory of such plaintiff.", and inserting in lieu thereof "issues a declaratory judgment under this section."; (4) by striking out "in an action for a declaratory judgment" the second place it appears and all that follows through "section 4(f)(2) through the use of tests or devices have occurred anywhere in the territory of such plaintiff.", and inserting in lieu thereof the following: "issues a declaratory judgment under this section. A declaratory judgment under this section shall issue only if such court determines that during the ten years preceding the filing of the action, and during the pendency of such action— "(A) no such test or device has been used within such State or political subdivision for the purpose or with the effect of denying or abridging the right to vote on account of race or color or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2); "(B) no final judgment of any court of the United States, other than the denial of declaratory judgment under this section, has determined that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such State or political subdivision or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision and no consent decree, settlement, or agreement has

June 29, 1982 [H.R. 3112]

Voting Rights Act Amendments of 1982. 42 USC 1971 note, 1973 note. 42 USC 1973b.

Declaratory judgment proceedings.

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 96 STAT. 132

42 USC 1973c.

PUBLIC LAW 97-205—JUNE 29, 1982 been entered into resulting in any abandonment of a voting practice challenged on such grounds; and no declaratory judgment under this section shall be entered during the pendency of an action commenced before the filing of an action under this section and alleging such denials or abridgements of the right to vote; "(C) no Federal examiners under this Act have been assigned to such State or political subdivision; "(D) such State or political subdivision and all governmental units within its territory have complied with section 5 of this Act, including compliance with the requirement that no change covered by section 5 has been enforced without preclearance under section 5, and have repealed all changes covered by section 5 to which the Attorney General has successfully objected or as to which the United States District Court for the District of Columbia has denied a declaratory judgment; "(E) the Attorney General has not interposed any objection (that has not been overturned by a final judgment of a court) and no declaratory judgment has been denied under section 5, with respect to any submission by or on behalf of the plaintiff or any governmental unit within its territory under section 5, and no such submissions or declaratory judgment actions are pending; and "(F) such State or political subdivision and all governmental units within its territory— "(i) have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process; "(ii) have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under this Act; and "(iii) have engaged in other constructive efforts, such as expanded opportunity for convenient registration and voting for every person of voting age and the appointment of minority persons as election officials throughout the jurisdiction and at all stages of the election and registration process. "(2) To assist the court in determining whether to issue a declaratory judgment under this subsection, the plaintiff shall present evidence of minority participation, including evidence of the levels of minority group registration and voting, changes in such levels over time, and disparities between minority-group and non-minority-group participation. "(3) No declaratory judgment shall issue under this subsection with respect to such State or political subdivision if such plaintiff and governmental units within its territory have, during the period beginning ten years before the date the judgment is issued, engaged in violations of any provision of the Constitution or laws of the United States or any State or political subdivision with respect to discrimination in voting on account of race or color or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (fK2) unless the plaintiff establishes that any such violations were trivial, were promptly corrected, and were not repeated. "(4) The State or political subdivision bringing such action shall publicize the intended commencement and any proposed settlement

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 PUBLIC LAW 9 7 - 2 0 5 - J U N E 29, 1982

96 STAT. 133

of such action in the media serving such State or political subdivision and in appropriate United States post offices. Any aggrieved party may as of right intervene at any stage in such action."; (5) in the second paragraph— (A) by inserting "(5) before "An action"; and (B) by striking out "five" and all that follows through "section 4(f)(2).", and inserting in lieu thereof "ten years after judgment and shall reopen the action upon motion of the Attorney General or any aggrieved person alleging that conduct has occurred which, had that conduct occurred during the ten-year periods referred to in this subsection, would have precluded the issuance of a declaratory judgment under this subsection. The court, upon such reopening, shall vacate the declaratory judgment issued under this section if, after the issuance of such declaratory judgment, a final judgment against the State or subdivision with respect to which such declaratory judgment was issued, or against any governmental unit within that State or subdivision, determines that denials or abridgements of the right to vote on account of race or color have occurred an)rwhere in the territory of such State or political subdivision or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (fK2) have occurred anywhere in the territory of such State or subdivision, or if, after the issuance of such declaratory judgment, a consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds."; and (6) by striking out "If the Attorney General" the first place it appears and all that follows through the end of such subsection and inserting in lieu thereof the following: "(6) If, after two years from the date of the filing of a declaratory judgment under this subsection, no date has been set for a hearing in such action, and that delay has not been the result of an avoidable delay on the part of counsel for any party, the chief judge of the United States District Court for the District of Columbia may request the Judicial Council for the Circuit of the District of Columbia to provide the necessary judicial resources to expedite any action filed under this section. If such resources are unavailable within the circuit, the chief judge shall file a certificate of necessity in accordance with section 292(d) of title 28 of the United States Code. "(7) The Congress shall reconsider the provisions of this section at Congressional the end of the fifteen-year period following the effective date of the reconsideration. amendments made by the Voting Rights Act Amendments of 1982. "(8) The provisions of this section shall expire at the end of the Expiration date, twenty-five-year period following the effective date of the amendments made by the Voting Rights Act Amendments of 1982. "(9) Nothing in this section shall prohibit the Attorney General from consenting to an entry of judgment if based upon a showing of objective and compelling evidence by the plaintiff, and upon investigation, he is satisfied that the State or political subdivision has complied with the requirements of section 4(a)(1). Any aggrieved party may as of right intervene at any stage in such action.". (c) Section 4(f)(4) of the Voting Rights Act of 1965 is amended by 42 USC 1973b. inserting after "unwritten" in the proviso the following: "or in the

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 96 STAT. 134

42 USC

1973aa-la. 42 USC 1973.

42 USC 1973b.

42 USC 1973aa-la.

42 USC 1973aa-la note.

PUBLIC LAW 97-205—JUNE 29, 1982 case of Alaskan Natives and American Indians, if the predominate language is historically unwritten". (d) Section 203(c) of such Act is amended by inserting after "Natives" in the proviso the following: "and American Indians". SEC. 3. Section 2 of the Voting Rights Act of 1965 is amended to read as follows: "SEC. 2. (a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), as provided in subsection (b). "(b) A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.". SEC. 4. Section 203(b) of the Voting Rights Act of 1965 is amended by striking out "August 6, 1985" and inserting in lieu thereof "August 6, 1992", and the extension made by this section shall apply only to determinations made by the Director of the Census under clause (i) of section 203(b) for members of a single language minority who do not speak or understand English adequately enough to participate in the electoral process when such a determination can be made by the Director of the Census based on the 1980 and subsequent census data. SEC. 5. Effective January 1, 1984, title II of the Voting Rights Act of 1965 is amended by adding at the end the following section:

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 PUBLIC LAW 97-205—JUNE 29, 1982

96 STAT. 135

"VOTING ASSISTANCE

"SEC. 208. Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union.". SEC. 6. Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the date of the enactment of this Act. Approved June 29, 1982.

LEGISLATIVE HISTORY—H.R. 3112 (S. 1992): HOUSE REPORTS: No. 97-227 and Pt. 2 (Comm. on the Judiciary). SENATE REPORT No. 97-417 accompanying S. 1992 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 127 (1981): Oct. 2, 5, considered and passed House. Vol. 128 (1982): June 9, 10, 14-17. S. 1992 considered in Senate. June 18, considered and passed Senate, amended, in lieu of S. 1992. June 23, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 26 (1982): June 29, 1982, Presidential statement.

f ^ use i^"3aa-6.

Effective Date. 42 USC 1973 ^°'^

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 96 STAT. 136

PUBLIC LAW 97-206—JUNE 30, 1982 Public Law 97-206 97th Congress

An Act June 30, 1982 [H.R. 3863]

ip^ amend the Poultry Products Inspection Act to increase the number of turkeys which may be slaughtered and processed without inspection under such Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Poultry Products United States of America in (ingress assembled. That section 15(c)(3) imSmTn^''*' ^^ *^® Poultry Products Inspection Act (21 U.S.C. 464(c)(3)) is amended by striking out "slaughters" and all that follows and inserting in lieu thereof the following: ", in the current calendar year— "(A) slaughters or processes the products of more than 20,000 poultry or "(B) slaughters or processes the products of poultry at a facility used for slaughtering or processing of the products of poult^ by any other poultry producer or person. NotwithstancQng clause &X the Secretary may grant such exemption to any poultry producer or other person if the Secretary determines, upon application of such poultry producer or other person, that granting such exemption will not impair effectuating the purposes of this Act.". SEC. 2. Section 15(c)(4) of the Poultry Products Inspection Act (21 U.S.C. 464(c)(4)) is amended by striking out all of clause lettered (i) and inserting in lieu thereof the following: "(i) such producers slaughter not more than 1,000 poultiy during the calendar year for which this exemption is being determined;". Approved June 30, 1982.

LEGISLATIVE HISTORY—H.R. 3863: HOUSE REPORT No. 97-589 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 128 (1982): June 14, considered and passed House. June 21, considered and passed Senate.

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 PUBLIC LAW 97-207—JUNE 30, 1982

96 STAT. 137

Public Law 97-207 97th Congress An Act To designate the United States Post Office Building in Hartford, Connecticut, as the "William R. Cotter Federal Bmlding".

June 30, 1982 [H.R. 4569]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building William R. at 135 High Street, Hartford, Connecticut (commonly known as the pedS-ai High Street Post Office), shall hereafter be known, called, and Building, designated as the "William R. Cotter Federal Building". Any refer- designation. ence in any law, map, regulation, document, record, or other paper of the United Stat^ to such building shall be deemed to be a reference to the William R. Cotter Federal Building. Approved June 30, 1982.

LEGISLATIVE HISTORY—H.R. 4569: HOUSE REPORT No. 97-323 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD: Vol. 127 (1981): Nov. 16, considered and passed House. Vol. 128 (1982): June 24, considered and passed Senate.

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 96 STAT. 138

PUBLIC LAW 97-208—JUNE 30, 1982 Public Law 97-208 97th Congress An Act

June 30, 1982 [H.R. 6631] Lebanon, humanitarian assistance. 22 USC 2292p.

Appropriation authorization.

22 USC 2292.

To authorize humanitarian assistance for the people of Lebanon.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 9 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 495J. LEBANON EMERGENCY RELIEF, REHABIUTATION, AND RECONSTRUCTION ASSISTANCE.—(a) The Congress recognizes that prompt United States assistance is necessary to alleviate the human suffering and resettlement needs of the innocent victims of recent strife in Lebanon. Therefore, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for the relief, rehabilitation, and reconstruction needs of such victims. Assistance provided under this section shall emphasize the provision of food, medicine, clothing, shelter, and water supply systems, and similar efforts to ameliorate the suffering of the people in Lebanon. "(b) In addition to amounts otherwise available for such purpose, there is authorized to be appropriated to the President $50,000,000 to carry out this section,.^unounts appropriated under this subsection are authorized to remain available until expended. "(c) Assistance under this section shall be furnished in accordance with the poUcies and general authorities contained in section 491.". Approved June 80, 1982.

LEGISLATIVE HISTORY—H.R. 6631: HOUSE REPORT No. 97-622 (Comm. on Foreign Affairs.) C O N G R E S S I O N A L RECORD, Vol. 128 (1982): June 23, considered and passed House. June 24, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 26 (1982): June 30, Presidential statement.

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 PUBLIC LAW 97-209—JUNE 30, 1982

96 STAT. 139

Public Law 97-209 97th Congress Joint Resolution Imploring the Union of Soviet SodaUst Republics to allow Doctor Semyon Gluzman and his family to emigrate to IsraeL

June 30, 1982 [H.J. Res. 230]

Whereas the reputation of Doctor Semyon Gluzman as a physician of outstanding psychiatric medical ability spread throughout the Soviet Union to the consternation of Soviet leaders; Whereas Doctor Gluzman refused to cooperate with the KGB in certifying human rights advocates as mentally ill; Whereas, subsequently, the doctor was arrested on charges of being a Zionist propaganchst and an anti-Soviet agitator and found guilty and sentenced to prison for seven years, to be followed by three years in exile on October 19, 1972; Whereas Doctor Gluzman's family received an invitation to join relatives in Israel; and Whereas, for humanitarian and medical reasons. Doctor Semyon Gluzman should be freed from exile and allowedtoemigrate with his familytothe State of Israel: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That President Leonid Dr. Semyon Brezhnev of the Union of Soviet Socialist Republics authorize the Gluzman and family, immediate release of Doctor Semyon Gluzman from exile and grant emigration to Israel. permission for him and his familytoemigratetoIsrael. SEC. 2. A copy of this resolution shall be forwarded to the Secretary of State of the United States of America for conveyance to President Leonid Brezhnev of the Union of Soviet Socialist Republics. Approved June 80, 1982.

LEGISLATIVE HISTORY—H.J. Res. 230: CONGRESSIONAL RECORD, Vol. 128 (1982): May 4, considered and passed House. June 21, considered and passed Senate.

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 96 STAT. 140

PUBLIC LAW 97-210—JUNE 30, 1982 Public Law 97-210 97th Congress Joint Resolution

June 30, 1982 [H.J. Res. 518]

National nff-^'^^w, utticer week.

ip^ designate the week commencing with the fourth Monday in June 1982 as "National NCO/Petty Officer Week".

Whereas the noncommissioned officers and petty officers of the Army, Air Force, and Marine Corps and the petty officers of the Navy and the Coast Guard have been regarded as the backbone of the Armed Forces of the United States for more than two hundred years; Whereas noncommissioned officers and petty officers continue to be the recruiters, trainers, and noncommissoned leaders of the men and women who join the Armed Forces of the United States; Whereas the noncommissioned officers* and petty officers' spirit and devotion to duty is epitomized in the long list of recipients of the Medal of Honor and other decorations of personal valor; Whereas noncommissioned officers and petty officers have made great sacrifices during their service to this Nation; Whereas the recent shortage of such officers serving on active duty has highlighted their value to the Nation and its military forces; and Whereas it is fitting and proper to recognize the significant contributions made by all noncommissioned officers and petty officers of the Armed Forces of the United States to the freedom and defense of this Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week commencing with the fourth Monday in June 1982 is designated as "National NCO/Petty Officer Week'^', and the President is authorized and requested to issue a proclamation calling upon the people of the United States and interested groups and organizations to set aside that week to honor past and present noncommissioned officers and petty officers of the Armed Forces of the United States in an appropriate manner. Approved June 30, 1982.

LEGISLATIVE HISTORY—H.J. Res. 518 (S.J. Res. 161): CONGRESSIONAL RECORD, Vol. 128 (1982): June 24, considered and passed House and Senate.

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 PUBLIC LAW 97-211—JUNE 30, 1982

96 STAT. 141

Public Law 97-211 97th Congress An Act To designate certain national wildlife refuge lands.

June 30, 1982 [S. 1519]

Be it eruicted by the Senate and House of Representatives of the National United States of America in Congress assembled, SECTION 1. That certain lands known as North Cudjoe Key, Wildlife Refuge Monroe County, Florida, which comprise approximately seventy- System. North Cudjoe three acres, will be designated for purposes of the Wilderness Act (16 Key, Fla., U.S.C. 1131-1136) as wilderness at the time those lands are included inclusion. in the National Wildlife Refuge System, and shall become part of the existing "Florida Keys Wilderness". SEC. 2. That notwithstanding any other provision of law, on the Raccoon Key, date that certain lands referred to as Raccoon Key, Florida, compris- Fla., exclusion. ing approximately twenty-five acres, and depicted on a map entitled "Florida Keys Wilderness and Great White Heron National Wildlife Refuge (West Part)" dated July 1975, are excluded from the National Wildlife Refuge System, they shall be excluded from the National Wilderness Preservation System. SEC. 3. As soon as practical after this Act takes effect, the Secre- Map and legal tary of the Interior shall file a map and legal description of the description, filing with Florida Keys Wilderness with the Committee on Energy and Natu- congressional ral Resources of the Senate and the Interior and Insular Affairs committees. Committee of the House of Representatives and such map and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal description and map may be made. A map and legal description of the Florida Keys Wilderness shall be on file and available for public inspection in the Office of the Director, Fish and Wildlife Service, Department of the Interior.

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 96 STAT. 142 Administration. 16 USC 1101

note.

PUBLIC LAW 97-211—JUNE 30, 1982 SEC. 4. The lands designated by this Act as the Florida Keys Wilderness shall be administered in accordance with the applicable provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act and, where appropriate, any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior. Approved June 30, 1982.

LEGISLATIVE HISTORY—S. 1519: HOUSE REPORT No. 97-599 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-377 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): May 10, considered and passed Senate. June 21, considered and passed House.

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 PUBLIC LAW 97-212—JUNE 30, 1982

96 STAT. 143

Public Law 97-212 97th Congress An Act To improve the operation of the Fishermen's Contingency Fund established to compensate commercial fishermen for damages resulting from oil and gas exploration, development, and production in areas of the Outer Continental Shelf.

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

Section 401 of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1841) is amended as follows: (1) renumber paragraphs (1) through (7) as paragraphs (2) through (8); and (2) insert immediately before paragraph (2), as renumbered, the following: "(1) 'area affected by Outer Continental Shelf activities' means any geographic area: "(A) which is under oil or gas lease on the Outer Continental Shelf; "(B) where Outer Continental Shelf exploration, development or production activities have been permitted, except geophysical activities; "(C) where pipeline rights-of-way have been granted; or "(D) otherwise impacted by such activities including but not limited to expired lease areas, relinquished rights-ofway and easements, Outer Continental Shelf supply vessel routes, or other areas as determined by the Secretary;".

June 30, 1982 [H.R. 3816]

Fishermen's Contingency Fund, improvement.

SECTION 2. ESTABLISHMENT AND OPERATION OF FUND.

Section 402 of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1842) is amended to read as follows: ESTABLISHMENT OF FISHERMEN S CONTINGENCY FUND; FEE COLLECTION

" S E C 402. (a)(1) There is established in the Treasury of the United States a Fishermen's Contingency Fund. The Fund shall be available to the Secretary without fiscal year limitations as a revolving fund for the purpose of making payments pursuant to this section. The Fund shall consist of—, "(A) revenues received from investments made under paragraph (3); "(B) amounts collected under subsection (b); and "(C) amounts recovered by the Secretary under section 405(h)(2). The total amount in the Fund that is collected under subsection (b) may at no time exceed $2,000,000; and the total amount in the Fund which is attributable to revenue received under paragraph (3) or recovered by the Secretary under section 405(h)(2) shall be expended prior to amounts collected under subsection (b). Not more than 8

Post, p. 145.

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 96 STAT. 144

Post, p. 145.

PUBLIC LAW 97-212—JUNE 30, 1982 percent of the total amount in the Fund may be expended in any fiscal year for paying the administrative and personnel expenses referred to in paragraph (2)(A). "(2) The Fund shall be available, as provided for in appropriation Acts solely for the payment of— "(A) the personnel and administrative expenses incurred in carrying out this title; "(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this title; and "(C) attorney and other fees awarded under section 405(e) with respect to any such claim. "(3) Sums in the Fund that are not currently needed for the purposes of the Fund shall be kept on deposit in appropriate interest-bearing accounts that shall be established by the Secretary of the Treasury or invested in obligations of, or guaranteed by, the United States. Any revenue accruing from such deposits and investments shall be deposited into the Fund. "(4) The Fund may sue and be sued in its own name. All litigation by or against the Fund shall be referred to the Attorney General. "(b)(1) Except as provided in paragraph (2), each holder of a lease that is issued or maintained under the Outer Continental Shelf Lands Act and each holder of an exploration permit, or an easement or right-of-way for the construction of a pipeline in any area of the Outer Continental Shelf, shall pay an amount specified by the Secretary. The Secretary of the Interior shall collect such amount and deposit it into the Fund. In any calendar year, no holder of a lease, permit, easement, or right-of-way shall be required to pay an amount in excess of $5,000 per lease, permit, easement, or right-ofway. "(2) Payments may not be required under paragraph (1) by the Secretary of the Interior with respect to geological permits and geophysical permits, other than prelease exploratory drilling permits issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340).". SEC. 3. ADMINISTRATION OF CLAIMS.

Section 403(c) of such amendments of 1978 (43 U.S.C. 1843(c)) is amended as follows: (1) Paragraph (1) is amended to read as follows: "(c)(1) Payments shall be disbursed by the Secretary from the Fund to compensate commercial fishermen for actual and conse• quential damages, including resulting economic loss, due to damages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items associated with Outer Continental Shelf oil and gas exploration, development, or production activities. The compensation payable under this section for resulting economic loss shall be an amount equal to 25 per centum of such loss. For purposes of this "Resulting subsection, the term 'resulting economic loss' means the gross economic loss." income, as estimated by the Secretary, that a commercial fisherman who is eligible for compensation under this section will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the damaged or lost fishing gear concerned is repaired or replaced and available for use.'. (2) Paragraph (2) is amended— (A) by striking out "any area account established under this title—" and inserting in lieu thereof "the Fund—",

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 PUBLIC LAW 97-212—JUNE 30, 1982

96 STAT. 145

(B) by striking out subparagraphs (A) and (E), (C) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively, (D) by inserting "and" after the semicolon in subparagraph (C) (as so redesignated), (E) by redesignating subparagraph (F) as subparagraph (D),and (F) by striking out "or will receive" in subparagraph (D) (as so redesignated) and inserting in lieu thereof received, or will receive,". SEC. 4. BURDEN OF PROOF.

Section 404 of such amendments of 1978 (43 U.S.C. 1844) is amended— (1) by amending the matter appearing before paragraph (1) to read as follows: With respect to any claim for damages filed under this title, there shall be a presumption that such damages were due to activities related to oil and gas exploration, development, or production if the claimant establishes that—"; (2) by striking out "five days after the date on which such damages were discovered;" in paragraph (2) and inserting in lieu thereof "fifteen days after the date on which the vessel first returns to a port after discovering such damages;"; and (3) by amending paragraph (3) to read as follows: "there was no record on the latest nautical charts or Notice to Mariners in effect at least 15 days prior to the date such damages were sustained that such material, equipment, tool, container, or other item existed where such damages occurred, except that in the case of damages caused by a pipeline, the presumption established by this section shall obtain whether or not there was any such record of the pipeline on the damage date; and". SEC. 5. CLAIMS PROCEDURE.

Section 405 of such amendments of 1978 (43 U.S.C. 1845) is amended as follows: (1) Subsection (b) is amended to read as follows: "(b) Upon receipt of any claim under this section, the Secretary shall transmit a copy of the claim to the Secretary of the Interior and shall take such further action regarding the claim that is required under subsection (d).". (2) Subsection (c) is amended by striking out "hearing" and inserting in lieu thereof "proceeding". (3) Subsection (d) is amended to read as follows: "(d)(l) The Secretary shall, under regulations prescribed pursuant to section 403(a), specify the form and manner in which claims must 43 USC 1843. be filed. "(2) The Secretary may not accept any claim that does not meet Nonacceptance, the filing requirements specified under paragraph (1), and shall give written notice. a claimant whose claim is not accepted written notice of the reasons for nonacceptance. Such written notice must be given to the claimant within 30 days after the date on which the claim was filed and if the claimant does not refile an acceptable claim within 30 days after the date of such written notice, the claimant is not eligible for compensation under this title for the damages concerned; except that the Secretary— "(A) shall in any case involving a good faith effort by the claimant to meet such filing requirements, or

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 96 STAT. 146

Determination review.

PUBLIC LAW 97-212—JUNE 30, 1982 "(B) may in any case involving extenuating circumstances, accept a claim that does not meet the 30-day refiling requirement. "(3)(A) The Secretary shall make an initial determination with respect to the claim within 60 days after the day on which the claim is accepted for filing. Within 30 days after the day on which the Secretary issues an initial determination on a claim, the claimant, or any other interested person who submitted evidence relating to the initial determination, may petition the Secretary for a review of that determination. "(B) If a petition for the review of an initial determination is not filed with the Secretary within the 30-day period provided under subparagraph (A), the initial determination shall thereafter be treated as a final determination by the Secretary on the claim involved. "(C) If a petition for review of an initial determination is timely filed under subparagraph (A), the Secretary shall allow the petitioner 30 days after the day on which the petition is received to submit written or oral evidence relating to the initial determination. The Secretary shall then undertake such review and, on the basis of such review, issue a final determination no later than the 60th day after the day on which the Secretary received the petition for review of an initial determination.". (4) Subsection (e) is amended to read as follows: "(e) If the decision of the Secretary under subsection (d) is in favor of the commercial fisherman filing the claim, the Secretary, as a part of the amount awarded, shall include reasonable claim preparation fees and reasonable attorney's fees, if any, incurred by the claimant in pursuing the claim.". (5) Subsection (f) is amended by striking out "hearing examiner" each place it appears therein and inserting in lieu thereof "the Secretary", and by striking out "hearing^' each place it appears therein and inserting in lieu thereof "proceeding". (6) Subsection (g) is amended to read as follows: "(g) Any proceeding conducted with respect to an initial determination on a claim under subsection (d)(3)(A) shall be conducted within such United States judicial district as may be mutually agreeable to the claimant and the Secretary or, if no agreement can be reached, within the United States judicial district in which the home port of the claimant is located.". (7) Subsection (h) is amended— (A) by amending paragraph (1) to read as follows: "(h)(1) The amount awarded in an initial determination by the Secretary under subsection (d) shall be immediately disbursed, subject to the limitations of this section, by the Secretary if the claimant— "(A) states in writing that he will not petition for review of the initial determination; and "(B) enters into an agreement with the Secretary to repay to the Secretary all or any part of the amount of the award if, after review under subsection (d)(3)(C) or, if applicable, after judicial review, the amount of the award, or any part thereof, is not sustained."; and (B) paragraph (2) is amended by adding at the end thereof the following new sentence: "Any moneys recovered by the Secretary through subrogation shall be deposited into the Fund.". (8) Subsection (i) is amended to read as follows:

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 PUBLIC LAW 97-212—JUNE 30, 1982 "(i) Any claimant or other person who suffers a legal wrong or who is adversely affected or aggrieved by a final determination of the Secretary under subsection (d), may, no later than 30 days after such determination is made, seek judicial review of the determination in the United States district court for such United States judicial district as may be mutually agreeable to the parties concerned or, if no agreement can be reached, in the United States district court for the United States judicial district in which is located the home port of the claimant.".

96 STAT. 147 Judicial review.

SEC. 6. SURVEY OF OBSTRUCTIONS.

(a) Section 407 of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1847) is repealed. (b) The table of contents of the Outer Continental Shelf Lands Act Amendments of 1978 is amended by striking:

Repeal.

"1847. Survey of obstructions on the Outer Continental Shelf.". SEC. 7. REGULATIONS IMPLEMENTING THIS ACT.

Section 403(a)(1) of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1843(a)(1)) is amended by striking out "claims; and" and inserting in lieu thereof "claims (except that, notwithstanding any other provision of law, final regulations implementing the 1981 amendments to this title shall be published in the Federal Register within 120 days after the date of the enactment of such amendments); and".

Publication in Federal Register.

SEC. 8. TECHNICAL AMENDMENT.

Section 401(3)(B) of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1841(3)(B)) is amended by striking out "at sea". SEC. 9. EFFECTIVE DATE.

(a) Except as provided for in subsection (b), the amendments made by this Act shall apply with respect to claims for damages that are filed, on or after the date of the enactment of this Act, with the Secretary of Commerce under section 405(a) of the Outer Continental Shelf Lands Act Amendments of 1978. (b)(1) Any commercial fisherman who filed a claim with the Secretary of Commerce for compensation under title IV of such amendments of 1978 before the date of the enactment of this Act may, if no decision on such claim was rendered under section 405(d) of such title IV before such date of enactment, refile such claim with the Secretary if the claimant notifies the Secretary in writing within thirty days after notification under paragraph (2) of his eligibility to refile the claim that he intends to so refile. If timely notification of intent to refile is made under the preceding sentence, any action pending with respect to the original claim shall be suspended pending the refiling of the claim under paragraph (2) and, if such refiling is timely made, such action shall be vacated. (2) The Secretary shall notify each claimant eligible to refile a claim under paragraph (1) of such eligibility within 10 days after the date of enactment of this Act. (3) A claim for which notification on intent to refile was timely made under paragraph (1) must be refiled with the Secretary within the thirty-day period after the date on which the regulations promulgated to implement the amendments made by this Act become

43 USC 1841 note.

43 USC 1845. 43 USC 1841. Ante, p. 145.

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 96 STAT. 148

PUBLIC LAW 97-212—JUNE 30, 1982 final or action shall be resumed with respect to such claim without regard to the amendments made by this Act. (4) The amendments made by this Act shall apply with respect to any claim that is refiled on a timely basis under paragraph (3). SEC. 10. GOVERNING INTERNATIONAL FISHERY AGREEMENTS.

16 USC 1823.

16 USC 1823 ^°^16 USC 1823 ^°^^-

(a) Section 2 of the Fishery Conservation Zone Transition Act (16 U.S.C. 1823 note) is amended— (1) by inserting "(a)" immediately before "Notwithstanding"; and (2) by adding at the end thereof the following new subsection: "(b) Notwithstanding such section 203— "(1) the governing international fishery agreement referred to in subsection (a)(5), as extended until July 1, 1983 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 11, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976; "(2) the governing international fishery agreement between the American Institute in Taiwan and the Coordination Council for North American Affairs, as contained in the message to the House of Representatives and the Senate from the Secretary of State dated June 15, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of the Act of 1976; and "(3) the governing international fishery agreement referred to in subsection (a)(6), as extended until July 1, 1983 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated June 21, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976. Each such governing international fishery agreement shall enter into force and effect with respect to the United States on July 1, 1982.". (b) Notwithstanding any provision of the Act entitled "An Act for the conservation and management of the fisheries, and for other purposes", dated April 13, 1976 (16 U.S.C. 1801 et seq.), the governing international fishery agreements referred to in section 2(a)(9) and (10) of the Fishery Conservation Zone Transition Act shall be extended, and shall be in force and effect with respect to the United States, for the period of time ending on—

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 PUBLIC LAW 97-212—JUNE 30, 1982

96 STAT. 149

(1) the deadline for completion of Congressional review, pursuant to section 203(a) of such 1976 Act, of any new governing 16 USC 1823. international fishery agreement signed, on or before July 31, 1982, by the United States and the respective foreign government that is a party to the agreement in question; or (2) July 31, 1982, if the United States and the respective foreign government that is a party to the agreement in question fail to sign a new governing international fishery agreement on or before that date. Approved June 30, 1982.

LEGISLATIVE HISTORY H.R. 3816: HOUSE REPORT No. 97-354 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 15, considered and passed House. Vol. 128 (1982): June 23, considered and passed Senate, amended. June 24, House concurred in Senate amendments with an amendment. June 29, Senate concurred in House amendments.

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 96 STAT. 150

PUBLIC LAW 97-213—JUNE 30, 1982 Public Law 97-213 97th Congress

June 30, 1982 [H.R. 4903]

MississippiLouisiana Rapid Rail Transit Compact. Congressional consent.

An Act Granting the consent of the Congress to an interstate compact between the States of Mississippi and Louisiana establishing a commission to study the feasibility of rapid rail transit service between the two States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress consents to the compact entered into between the States of Mississippi and Louisiana establishing a commission to study the feasibility of providing rapid rail transit service between the two States, which compact was approved on April 23, 1981, by the State of Mississippi, and was approved on July 15, 1980, and approved as amended on July 7, 1981, by the State of Louisiana. Such compact is as follows: 'MISSISSIPPI-LOUISIANA RAPID RAIL TRANSIT COMPACT "ARTICLE I

"The purpose of this compact is to study the feasibility of rapid rail transit service between the States of Mississippi and Louisiana and to establish a joint interstate commission to assist in this effort. "ARTICLE II

Ratification.

"This Compact shall become effective immediately as to the States ratifying it whenever the States of Louisiana and Mississippi have ratified it and Congress has given consent thereto. Any State not mentioned in this article which is contiguous with any member State may become a party to this compact, subject to approval by the legislature of each of the member States. "ARTICLE III

MississippiLouisiana Rapid Rail Transit Commission. Establishment. Membership.

Vacancies. Expenses.

"The States which are parties to this compact Qiereinafter referred to as 'party States') do hereby establish and create a joint agency which shall be known as the Mississippi-Louisiana Rapid Rail Transit Commission (hereinafter referred to as the 'commission'). The membership of such commission shall consist of the Governor of each party State, one representative each from the Mississippi Energy and Transportation Board, or its successor, and the Office of Aviation and Public Transportation of the Louisiana Department of Transportation and Development, or its successor, and five other citizens of each party State to be appointed by the Governor thereof. The appointive members of the commission shall serve for terms of four years each. Vacancies on the commission shall be filled by appointment by the Governor for the unexpired portion of the term. The members of the commission shall not be compensated for service on the commission, but each of the appointed members shall be entitled to actual and reasonable

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 PUBLIC LAW 97-213—JUNE 30, 1982

96 STAT. 151

expenses incurred in attending meetings or incurred otherwise in the performance of his duties as a member of the commission. The members of the commission shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice chairman from among their members, and the chairmanship shall rotate each year among the party States in order of their acceptance of this compact. The commission shall adopt rules and regulations for the transaction of its business and a record shall be kept of all its business. It shall be the duty of the commission to study the feasibility of providing interstate rapid rail transit service between the party States. Toward this end, the commission shall have power to hold hearings; Hearings. to conduct studies and surveys of all problems, benefits, and other matters associated with such service, and to make reports thereon; to acquire, by gift, grant, or otherwise, from local, State, Federal, or private sources such money or property as may be provided for the proper performance of their function, and to hold and dispose of same; to cooperate with other public or private groups, whether local. State, regional, or national, having an interest in such service; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties and to carry out the purposes of this compact. "ARTICLE IV

"Each party State agrees that its legislature may, in its discretion, Funds. from time to time make available and pay over to the commission funds for the establishment and operation of the commission. The contribution of each party State shall be in equal amounts, if possible, but nothing in this article shall be construed as binding the legislature of either State to make an appropriation of a set amount of funds at any particular time. "ARTICLE V

"Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party State, or to repeal or prevent legislation, or to affect any existing or future cooperative arrangement or relationship between any Federal agency and a party State. "ARTICLE VI

"(1) This compact shall continue in force and remain binding upon Withdrawal. each party State until the legislature or Governor of each or either State takes action to withdraw therefrom. However, any such withdrawal shall not become effective until six months after the date of the action taken by the legislature or Governor. Notice of such action shall be given to the other party State or States by the Secretary of State of the party State which takes such action. "(2) There is hereby granted to the Governor, to the members of Powers. the commission for Louisiana, and to the compact administrator all the powers provided for in this compact and in this section. All officers of the State of Mississippi/Louisiana are hereby authorized and directed to do all things falling within their respective jurisdic-

97-200 O—84—pt. 1

7: QL3

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 96 STAT. 152

PUBLIC LAW 97-213—JUNE 30, 1982 tions which are necessary or incidental to carrsdng out the purpose of the compact.". SEC. 2. Nothing contained in the compact described in the first section of this Act shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in or over the region which forms the subject of the compact. SEC. 3. The right to alter, amend, or repeal this Act is expressly reserved. Approved June 80, 1982.

LEGISLATIVE HISTORY—H.R. 4903: HOUSE REPORT No. 97-584 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): June 7, considered and passed House. June 24, considered and passed Senate.

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 96 STAT. 153

PUBLIC LAW 97-214—JULY 12, 1982

Public Law 97-214 97th Congress An Act To amend title 10, United States Code, to revise and codify the permanent provisions of law relating to military construction and military family housing.

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

1. This Act may be cited as the 'Military Construction Codification Act". SECTION

ENACTMENT OF MILITARY CONSTRUCTION CHAPTER IN TITLE 10 AND TRANSFER OF RELATED PROVISIONS INTO THAT CHAPTER

SEC. 2. (a) Title 10, United States Code, is amended by adding at the end of subtitle A the following new chapter: "CHAPTER 169—MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING "Subchapter "I. Military Construction "11. Military Family Housing "III. Administration of Military Construction and Military Family Housing.

Sec. 2801 2821 2851

"SUBCHAPTER I—MILITARY CONSTRUCTION "Sec. "2801. "2802. "2803. "2804. "2805. "2806. "2807. "2808.

Scope of chapter; definitions. Military construction projects. Emergency construction. Contingency construction. Unspecified minor construction. Contributions for North Atlantic Treaty Organization Infrastructure. Architectural and engineering services and construction design. Construction authority in the event of a declaration of war or national emergency.

"§ 2801. Scope of chapter; definitions "(a) The term 'military construction' as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation. "(b) A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law). "(c) In this chapter:

July 12, 1982 [H.R. 6451P Military Construction Codification Act. 10 USC 2801 note.

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 96 STAT. 154

PUBLIC LAW 97-214—JULY 12, 1982 "(1) 'Facility' means a building, structure, or other improvement to real property. "(2) 'Military installation' means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense. (S) 'Secretary concerned' includes the Secretary of Defense with respect to matters concerning the defense agencies. "(4) 'Appropriate committees of Congress' means the Committees on Armed Services and on Appropriations of the Senate and House of Representatives. "(d) This chapter does not apply to the Coast Guard or to civil works projects of the Army Corps of Engineers. "§ 2802. Military construction projects "(a) The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects as are authorized by law. "(b) Authority provided by law to carry out a military construction project includes authority for— "(1) surveys and site preparation; "(2) acquisition, conversion, rehabilitation, and installation of facilities; "(3) acquisition and installation of equipment and appurtenances integral to the project; "(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project; and "(5) planning, supervision, administration, and overhead incident to the project.

Report to confy^t!i£r^^ ^°^' mittees. "" "°"

"§ 2803. Emergency construction "(a) Subject to subsections (b) and (c), the Secretary concerned may carry out a military construction project not otherwise authorized by law if the Secretary determines (1) that the project is vital to the national security, and (2) that the requirement for the project is so urgent that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security. "(b) When a decision is made to carry out a military construction project under this section, the Secretary concerned shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the project and the current estimate of the cost of the project, (2) the justification for carrying out the project under this section, and (3) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees, or after each such committee has approved the project, if the committees approve the project before the end of that period. "(c)(1) The maximum amount that the Secretary concerned may obligate in any fiscal year under this section is $30,000,000. "(2) A project carried out under this section shall be carried out within the total amount of funds appropriated for military construction that have not been obligated.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/197

 PUBLIC LAW 97-214—JULY 12, 1982 "§ 2804. Contingency construction "(a) Within the amount appropriated for such purpose, the Secretary of Defense may carry out a military construction project not otherwise authorized by law, or may authorize the Secretary of a military department to carry out such a project, if the Secretary of Defense determines that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or national interest. "(b) When a decision is made to carry out a military construction project under this section, the Secretary of Defense shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the project and the current estimate of the cost of the project, and (2) the justification for carrying out the project under this section. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees, or after each such committee has approved the project, if the committees approve the project before the end of that period. "§ 2805. Unspecified minor construction "(a) Within the amount authorized by law for such purpose, the Secretary concerned may carry out minor military construction projects not otherwise authorized by law. A minor military construction project is a military construction project (1) that is for a single undertaking at a military installation, and (2) that has an approved cost equal to or less than the amount specified by law as the maximum amount for a minor military construction project. "(b)(1) A minor military construction project costing more than 50 percent of the amount specified by law as the maximum amount for a minor military construction project may not be carried out under this section unless approved in advance by the Secretary concerned. "(2) When a decision is made to carry out a minor military construction project to which paragraph (1) is applicable, the Secretary concerned shall notify in writing the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only (A) after the end of the 21-day period beginning on the date the notification is received by the committees, or (B) after each such committee approves the project, if the committees approve the project before the end of that period. "(3) A project for the relocation of any activity from one installation to another that involves 25 or more full-time civilian employees of the Department of Defense but that is not subject to paragraph (1) may not be carried out under the authority of this section until the appropriate committees of Congress have been notified by the Secretary concerned of the intent to carry out such relocation under the authority of this section. "(c) Only funds authorized for minor construction projects may be used to accomplish unspecified minor construction projects, except that the Secretary concerned may spend from appropriations available for operation and maintenance amounts necessary to carry out an unspecified military construction project costing not more than 20 percent of the amount specified by law as the maximum amount for a minor military construction project.

96 STAT. 155

Report to congressional committees.

Notification to congressional committees.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/198

 96 STAT. 156

Report to congressional committees.

Notification to congressional committees.

Report to congressional committees.

PUBLIC LAW 97-214—JULY 12, 1982 "(d) Military family housing projects for construction of new housing units may not be carried out under the authority of this section. infrastructure "(a) Within amounts authorized by law for such purpose, the Secretary of Defense may make contributions for the United States share of the cost of multilateral programs for the acquisition and construction of military facilities and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area. "(b) Funds may not be obligated or expended in connection with the North Atlantic Treaty Organization Infrastructure program in any year unless such funds have been authorized by law for such program. "(c)(1) The Secretary may make contributions in excess of the amount appropriated for contribution under subsection (a) if the amount of the contribution in excess of that amount does not exceed 200 percent of the amount specified by law as the maximum amount for a minor military construction project. "(2) If the Secretary determines that the amount appropriated for contribution under subsection (a) in any fiscal year must be exceeded by more than the amount authorized under paragraph (1), the Secretary may make contributions in excess of such amount, but not in excess of 125 percent of the amount appropriated (A) after submitting a report in writing to the appropriate committees of Congress on such increase, including a statement of the reasons for the increase and a statement of the source of the funds to be used for the increase, and (B) after either a period of 21 days has elapsed from the date of receipt of the report or after each such committee has indicated approval of the increased contribution. "§ 2807. Architectural and engineering services and construction design "(a) Within amounts appropriated for such purposes, the Secretary concerned may obtain architectural and engineering services and may carry out construction design in connection with military construction projects not otherwise authorized by law. Amounts available for such purposes may be used for construction management of projects that are funded by foreign governments directly or through international organizations and for which elements of the armed forces of the United States are the primary user. "(b) In the case of architectural and engineering services and construction design to be undertaken under subsection (a) for which the estimated cost exceeds the maximum amount specified by law for the purposes of this section, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services not less than 21 days before the initial obligation of funds for such services. "(c) If the Secretary concerned determines that the amount authorized for activities under subsection (a) in any fiscal year must be increased the Secretary may proceed with activities at such higher level (1) after submitting a report in writing to the appropriate committees of Congress on such increase, including a statement of the reasons for the increase and a statement of the source of funds to be used for the increase, and (2) after either a period of 21
 * '§2806. Contributions for North Atlantic Treaty Organization

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Page:United States Statutes at Large Volume 96 Part 1.djvu/199

 PUBLIC LAW 97-214—JULY 12, 1982

96 STAT. 157

days has elapsed from the date of receipt of the report or after each such committee has indicated approval of the increased level of activity. "§ 2808. Construction authority in the event of a declaration of war or national emergency "(a) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated. "(b) When a decision is made to undertake military construction Notification to projects authorized by this section, the Secretary of Defense shall congressional notify the appropriate committees of Congress of the decision and of committees. the estimated cost of the construction projects, including the cost of any real estate action pertaining to those construction projects. "(c) The authority described in subsection (a) shall terminate with Termination. respect to any war or national emergency at the end of the war or national emergency. "SUBCHAPTER II—MILITARY FAMILY HOUSING "Sec. "2821. Requirement for authorization of appropriations for construction and acquisition of military family housing. "2822. Requirement for authorization of number of family housing units. "2823. Determination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing. "2824. Authorization for acquisition of existing family housing in lieu of construction. "2825. Improvements to family housing units. "2826. Limitations on space by pay grade. "2827. Relocation of military family housing units. "2828. Leasing of military family housing. "2829. Multi-year contracts for supplies and services. "2830. Occupancy of substandard family housing units. "2831. Military family housing management account. "2832. Homeowners assistance program.

"§ 2821. Requirement for authorization of appropriations for construction and acquisition of military family housing "(a) Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expansion, alteration, relocation, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by law. "(b) In addition to the funds authorized to be appropriated by law in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such paragraph.

Additional authorization.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/200

 96 STAT. 158

PUBLIC LAW 97-214—JULY 12, 1982 "(c) Amounts authorized by law for construction of military family housing units include amounts for (1) site preparation (including demolition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and Hxtures installed in such units, and (5) construction supervision, inspection, and overhead.

Post, p. 161.

Notification to congressional committees.

Regulations.

"§ 2822. Requirement for authorization of number of family housing units "(a) Except as otherwise provided in subsection (b) or as otherwise authorized by law, the Secretary concerned may not construct or acquire military family housing units unless the number of units to be constructed or acquired has been specifically authorized by law. "(b) Subsection (a) does not apply to the following: "(1) Housing units acquired under section 404 of the Housing Amendments of 1955 (42 U.S.C. 1594a). "(2) Housing units leased under section 2828 of this title. "(3) Housing units acquired under the Homeowners Assistance Program referred to in section 2833 of this title. "§ 2823. Determination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing "(a) Before entering into a contract for the construction of family housing units authorized by law to be constructed at a location within the United States, the Secretary concerned shall consult in writing with the Secretary of Housing and Urban Development as to the availability of suitable alternative housing at such location. The Secretary of Housing and Urban Development shall advise the Secretary concerned in writing as to the availability of such housing. If the Secretary of Housing and Urban Development does not advise the Secretary concerned as to the availability of such housing within 21 days of the date on which the request for such advice is made, the Secretary concerned may enter into a contract for the proposed construction. "(b) If the Secretary concerned and the Secretary of Housing and Urban Development disagree with respect to the availability of suitable alternative housing at any location, the Secretary concerned shall notify the appropriate committees of Congress, in writing, of the disagreement, of the Secretary's decision to proceed with the construction, and of the justification for proceeding with the construction. A contract for construction of family housing units at such location may not then be entered into until the end of the 21-day period beginning on the date such committees receive the notification. "(c) If the Secretary concerned and the Secretary of Housing and Urban Development agree that suitable alternative housing is available at a location at which military family housing units are authorized to be constructed, the Secretary may not proceed with such construction. "(d) The Secretary of Defense shall prescribe regulations to define what constitutes suitable alternative housing for the purposes of this section.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/201

 PUBLIC LAW 97-214—JULY 12, 1982

96 STAT. 159

"§ 2824. Authorization for acquisition of existing family housing in lieu of construction "(a) In lieu of constructing any family housing units authorized by law to be constructed, the Secretary concerned may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Secretary concerned may acquire less than sole interest in existing family housing units. "(b) When authority provided by law to construct military family housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land. "(c) The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in section 2826 of this title. "(d) Family housing units may not be acquired under this section through the exercise of eminent domain authority.

Land interests.

"§ 2825. Improvements to family housing units "(a)(1) Authority provided by law to improve existing military family housing units and ancillary family housing support facilities is authority to make alterations, additions, expansions, and extensions. "(2) In this section, 'improvement' includes rehabilitation of a housing unit and maintenance or repair work to be accomplished concurrently with an improvement project. "(b)(1) Funds may not be expended for the improvement of any single family housing unit, or for the improvement of two or more housing units that are to be converted into or are to be used as a single family housing unit, if the cost per unit of such improvement will exceed an amount specified by law for such purpose multiplied by the area construction cost index as developed by the Department of Defense for the location concerned at the time of contract award. "(2) In determining the applicability of the limitation contained in paragraph (1), there shall be included as part of the cost of the improvement the cost of repairs undertaken in connection with the improvement and any cost in connection with (A) the furnishing of electricity, gas, water and sewage disposal, (B) the construction or repair of roads and walks, and (C) grading and drainage work. "(c) This section does not apply to projects authorized for restoration or replacement of housing units that have been damaged or destroyed. "§ 2826. Limitations on space by pay grade "(a) In the construction, acquisition, and improvement of military family housing units, the following are the space limitations for the applicable numbers of bedrooms permitted for each pay grade: Pay grade

Number of bedrooms

Net floor area (square feetl

0-7 and above 0-6 0-4 and 0-5

4 4 4 3

2,100 1,700 1,550 1,400

0-1 through 0-3; W-1 through W-4; and E-7 through E-9

5

1,550

Infra.

'Improvement.'

Limitations.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/202

 96 STAT. 160

PUBLIC LAW 97-214—JULY 12, 1982 Pay grade

E-1 through E-6.

Waiver.

Civilian personnel.

'Net floor area."

Notification to congressional committees.

Number of bedrooms

4 3 2 5 4 3 2

Net floor area (square feeti

1,450 1,350

950 1,550 1,350 1,200

950

"(b) The applicable maximum net floor area prescribed by subsection (a) may be increased by 10 percent for the housing unit of an officer holding a special command position (as designated by the Secretary of Defense), for the housing unit of the commanding officer of a military installation, and for the senior noncommissioned officer of a military installation. "(c) The maximum net floor area prescribed by subsection (a) may be increased in any case by 5 percent if the Secretary concerned determines that the increase is in the best interest of the Government (1) to permit award of a turnkey construction contract to the contractor offering the most satisfactory proposal, or (2) to permit purchase, lease, or conversion of housing units. An increase in the maximum net floor area of a housing unit under subsection (b) when combined with an increase in the maximum net floor area of such unit under this subsection may not exceed 10 percent of the otherwise applicable limitation prescribed by subsection (a). "(d)(1) The Secretary concerned may waive the provisions of subsection (a) with respect to a family housing unit leased in a foreign country if a suitable family housing unit within the applicable maximum net floor area prescribed by such subsection cannot be obtained. "(2) Subsection (a) does not apply to family housing units in foreign countries constructed or acquired by the Secretary of State for occupancy by members of the armed forces. "(e) The maximum net floor areas prescribed by this section apply to family housing provided to civilian personnel based upon civilian pay scale comparability with military pay grades, as determined by the Secretary of Defense. "(f) In this section, 'net floor area' means the total number of square feet of the floor space inside the exterior walls of a structure, excluding the floor area of an unfinished basement, an unfinished attic, a utility space, a garage, a carport, an open or insect-screened porch, a stairwell, and any space used for a solar-energy system. "§ 2827. Relocation of military family housing units "(a) Subject to subsection (b), the Secretary concerned may relocate existing military family housing units from any location where the number of such units exceeds requirements for military family housing to any military installation where there is a housing shortage. "(h) A contract to carry out a relocation of military family housing units under subsection (a) may not be awarded until (1) the Secretary concerned has notified the appropriate committees of Congress of the proposed new locations of the housing units to be relocated and the estimated cost of and source of funds for the relocation, and

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Page:United States Statutes at Large Volume 96 Part 1.djvu/203

 PUBLIC LAW 97-214—JULY 12, 1982 (2) a period of 21 days has elapsed after the notification has been received by those committees. "(a)(1) Subject to paragraph (2), the Secretary of the military department concerned may lease housing facilities at or near a military installation in the United States, Puerto Rico, or Guam for assignment, without rental charge, as family housing to members of the Armed Forces and for assignment, with fair market rental charge, as family housing to civilian employees of the Department of Defense stationed at such installation. "(2) A lease may only be made under paragraph (1) if the Secretary concerned finds that there is a shortage of adequate housing at or near such military installation and that— "(A) the requirement for such housing is temporary; "(B) leasing would be more cost effective than construction or acquisition of new housing; "(C) family housing is required for personnel attending service school academic courses on permanent change of station orders; "(D) construction of family housing at such installation has been authorized by law but is not yet completed; or "(E) a military construction authorization bill pending in Congress includes a request for authorization of construction of family housing at such installation. "(b)(1) Not more than 10,000 family housing units may be leased at any one time under subsection (a). "(2) Except as provided in paragraph (3), expenditures for the rental of housing units under subsection (a) (including the cost of utilities, maintenance, and operation) may not exceed the amount specified by law as the maximum annual domestic family housing unit lease amount. "(3) Not more than 500 housing units may be leased under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds the maximum annual domestic family housing unit lease amount but does not exceed 120 percent of that amount. "(c) The Secretary concerned may lease housing facilities in foreign countries for assignment, without rental charge, as family housing to members of the Armed Forces and for assignment, with or without rental charge, as family housing to civilian employees of the Department of Defense— "(1) under circumstances specified in clause (A), (B), (D), or (E) of subsection (a)(2); "(2) for incumbents of special command positions (as determined by the Secretary of Defense); "(3) in countries where excessive costs of housing or other lease terms would cause undue hardship on Department of Defense personnel; and "(4) in countries that prohibit leases by individual military or civilian personnel of the United States. "(d) Leases of housing units in foreign countries under subsection (c) for assignment as family housing may be for any period not in excess of ten years, and the costs of such leases for any year may be paid out of annual appropriations for that year. "(e)(1) Expenditures for the rental of family housing in foreign countries (including the costs of utilities, maintenance, and oper-
 * '§ 2828. Leasing of military family housing

96 STAT. 161

Conditions.

Foreign housing facilities; conditions.

Leasing period, limitation.

Maximum letise amount.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/204

 96 STAT. 162 Waiver.

Notification to congressional committees.

PUBLIC LAW 97-214—JULY 12, 1982 ation) may not exceed the amount specified by law as the maximum annual foreign family housing unit lease amount. That maximum lease amount may be waived by Secretary concerned with respect to not more than a total of 200 such units that are leased for incumbents of special positions or for personnel assigned to Defense Attache Offices or that are leased in countries where excessive costs of housing would cause undue hardship on Department of Defense personnel. "(2) The maximum number of family housing units that may be leased in foreign countries under this section at any one time shall be specified by law. "(f) A lease for family housing facilities, or for real property related to family housing facilities, in a foreign country for which the average estimated annual rental during the term of the lease exceeds the amount specified by law for such purpose may not be made under this section until (1) the Secretary concerned provides to the appropriate committees of Congress written notification of the facts concerning the proposed lease, and (2) a period of 21 days elapses after the notification is received by those committees. "§ 2829. Multi-year contracts for supplies and services "The Secretary concerned may make contracts for periods of up to four years for supplies and services for the management, maintenance, and operation of military family housing and may pay the costs of such contracts for each year out of annual appropriations for that year.

"Uniformed services."

Transfer of funds.

"§ 2830. Occupancy of substandard family housing units "(a)(1) A member of the uniformed services with dependents may, without loss of the member's basic allowance for quarters, occupy a substandard family housing unit under the jurisdiction of the Secretary of a military department. be subject to a charge against the member's basic allowance for quarters in the amount of the fair rental value of the housing unit. However, such a charge may not be made in an amount in excess of 75 percent of the amount of such allowance. "(b) Subject to regulations prescribed by the Secretary of Defense, the Secretary of a military department may lease substandard family housing units to members of any of the uniformed services for occupancy by such members. "(c) In this section, 'uniformed services' means the armed forces and the commissioned corps of the Public Health Service and of the National Oceanic and Atmospheric Administration. "§ 2831. Military family housing management account "(a) There is on the books of the Treasury an account known as the Department of Defense Military Family Housing Management Account (hereinafter in this section referred to as the 'account'). The account shall be used for the management and administration of funds appropriated or otherwise made available to the Department of Defense for military family housing programs. "(b) The account shall be administered as a single account. There shall be transferred into the account— "(1) appropriations made for the purpose of, or which are available for, the payment of costs arising in connection with the construction, acquisition, leasing, relocation, operation and
 * (2) Occupancy of a family housing unit under paragraph (1) shall

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