waiver of certain recovery requirements

waiver of certain recovery requirements Sec. 208. Section 2713(d) of the Public Health Service Act (42 U.S.C. 300aaa-12(d)) is amended by striking “(a)(2)” and inserting “(a)”. Sec. 209. (a) Section 307E of the Legislative Branch Appropriations Act, 1989 (40 U.S.C. 216c), is amended to read as follows: “SEC. 307E. (a) The Architect of the Capitol, subject to the direction of the Joint Committee on the Library, is authorized to— “(1) construct a National Garden demonstrating the diversity of plans, including the rose, our national flower, to be located between Maryland and Independence Avenues, S.W., and extending from the Botanic Garden Conservatory to Third Streets, S.W., in the District of Columbia; and “(2) solicit, receive, accept, and hold gifts, including money, plant material, and other property, on behalf of the Botanic Garden, and to dispose of, utilize, obligate, expend, disburse, and administer such gifts for the benefit of the Botanic Garden, including among other things, the carrying out of any pro- grams, duties, or functions of the Botanic Garden, and for constructing, equipping, and maintaining the National Garden referred to in paragraph (1). “(b) (1) Gifts or bequests of money under subsection (a)(2) shall, when received by the Architect, be deposited with the Treasurer of the United States, who shall credit these deposits as offsetting collections to an account entitled ‘Botanic Garden, Gifts and Donations’. The gifts or bequests described under subsection (a)(2) shall be accepted only in the total amount provided in appropriations Acts. “(2) Receipts, obligations, and expenditures of funds under this section shall be included in annual estimates submitted by the Architect for the operation and maintenance of the Botanic Garden and such funds shall be expended by the Architect, without regard to section 3709 of the Revised Statutes, for the purposes of this section after approval in appropriation Acts. All such sums shall remain available until expended, without fiscal year limitation. “(c) (1) In carrying out this section and his duties, the Architect of the Capitol may accept personal services, including educationally105 STAT. 1717 related work assignments for students in nonpay status, if the service is to be rendered without compensation. “(2) No person shall be permitted to donate his or her personal services under this section unless such person has first agreed, in writing, to waive any and all claims against the United States arising out of or in connection with such services, other than a claim under the provisions of chapter 81 of title 5, United States Code. “(3) No person donating personal services under this section shall be considered an employee of the United States for any purpose other than for purposes of chapter 81 of title 5, United States Code. “(4) In no case shall the acceptance of personal services under this section result in the reduction of pay or displacement of any employee of the Botanic Garden. “(d) Any gift accepted by the Architect of the Capitol under this section shall be considered a gift to the United States for purposes of income, estate, and gift tax laws of the United States.”. (b) Pursuant to section 307E of the Legislative Branch Appropriations Act, 1989, not more than $2,000,000 shall be accepted and not more than $2,000,000 of the amounts accepted shall be available for obligation by the Architect for preparation of working drawings, specifications, and cost estimates for renovation of the Conservatory of the Botanic Garden. Sec. 210. (a) The caption for section 713 of title 18, United States Code, is amended as follows: “§ 713. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, and the seal of the United States Senate.”. (b) Subsection (a) of section 713 of title 18, United States Code, is amended by inserting “or the -seal of the United States Senate,” after “Vice President of the United States,”. (c) Subsection (c) of section 713 of title 18, United States Code, is— (1) amended to read as follows: “A violation of the provisions of this section may be enjoined at the suit of the Attorney General, “(1) in the case of the great seal of the United States and the seals of the President and Vice President, upon complaint by any authorized representative of any department or agency of the United States; and “(2) in the case of the seal of the United States Senate, upon complaint by the Secretary of the Senate.”; and (2) redesignated as subsection (d). (d) Section 713 of title 18, United States Code, is amended by inserting after subsection (b) the following new subsection: “(c) Whoever, except as directed by the United States Senate, or the Secretary of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Senate, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined not more than $250 or imprisoned not more than six months, or both.”. (e) The table of sections for chapter 33 of title 18, United States Code, is amended by striking the item for section 713 and inserting the following: “713. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, and the seal of the United States Senate.”. 105 STAT. 1718 Sec. 211. Section 311(i) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(i)) is amended by striking out “with respect to sessions of Congress beginning with the second session of the One Hundred Second Congress,” and inserting in lieu thereof “beginning on May 1, 1992,”. Sec. 212. The Secretary of Defense shall continue the construction of a composite medical replacement facility located at Nellis Air Force Base, Nevada, as authorized in the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division B of Public Law 101–189) and the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–510) and as provided for in the Military Construction Appropriations Act, 1990 (Public Law 101–148) and the Military Construction Appropriations Act, 1991 (Public Law 101–519). Sec. 213. Unobligated funds in the amount of $990,000 authorized and appropriated under Public Law 102–143 for bridge safety repairs in Vermont shall be made available as follows—$350,000 to the City of Barre for the Granite Street Bridge, $350,000 to the City of Montpelier for the Bailey Avenue Bridge, $90,000 to the town of Brandon for the replacement of the Dean Bridge, and $90,000 for the Town of Williston and $110,000 for the Town of Essex for the North Williston Road Bridge—without regard to whether or not such expenses are incurred in accordance with sections 101, 106, 110, and 120 of title 23 of the United States Code. Sec. 214. Section 4001(a)(14) of the Employment Retirement Income Security Act of 1974 (29 U.S.C. 1301(a)(14)) is amended— (1) by striking “and” at the end of subparagraph (A); (2) by adding “and” at the end of subparagraph (B); and (3) by adding at the end the following new subparagraph: “(C) (i) notwithstanding any other provision of this title, during any period in which an individual possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of an affected air carrier of which he was an accountable owner, whether through the ownership of voting securities, by contract, or otherwise, the affected air carrier shall be considered to be under common control not only with those persons described in subparagraph (B), but also with all related persons; and “(ii) for purposes of this subparagraph, the term— “(I) ‘affected air carrier’ means an air carrier, as defined in section 101(3) of the Federal Aviation Act of 1958, that holds a certificate of public convenience and necessity under section 401 of such Act for route number 147, as of November 12, 1991; “(II) ‘related person’ means any person which was under common control (as determined under subparagraph (B)) with an affected air carrier on October 10, 1991, or any successor to such related person; “(III) ‘accountable owner’ means any individual who on October 10, 1991, owned directly or indirectly through the application of section 318 of the Internal Revenue Code of 1986 more than 50 percent of the total voting power of the stock of an affected air carrier; “(IV) ‘successor’ means any person that acquires, directly or indirectly through the application of section 318 of the Internal Revenue Code of 1986, more than 50 percent of the total voting power of the stock of a105 STAT. 1719 related person, more than 50 percent of the total value of the securities (as defined in section 3(20) of this Act) of the related person, more than 50 percent of the total value of the assets of the related person, or any person into which such related person shall be merged or consolidated; and “(V) ‘individual’ means a living human being;”. This joint resolution may be cited as the “Dire Emergency Supplemental Appropriations and Transfers for Relief From the Effects of Natural Disasters, for Other Urgent Needs, and for Incremental Cost of ‘Operation Desert Shield/Desert Storm’ Act of 1992”.