PUBLIC LAW 95-315, 92 STAT. 377, SMALL BUSINESS ENERGY LOAN ACT
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 " Small Business Energy Loan Act". // 15 USC 631 //
Sec. 2. Section 7 of the Small Business Act // 15 USC 636 // is
amended by adding at the end thereof the following new subsection:
"(1) (1) The Administration also is empowered to make loans (either
directly or in cooperation with banks or other lending institutions
through agreements to participate on an immediate or deferred basis) as
the Administrator may determine to be necessary or appropriate to assist
any small business concern in financing plant construction, conversion,
expansion (including acquisition of land for such a plant), or startup,
and the acquisition of equipment, facilities, machinery, supplies, or
materials to enable such concern to design architecturally or engineer,
manufacture, distribute, market, install, or service any of the
following energy measures:
"(A) Solar thermal energy equipment which is either of the
active type based upon mechanically forced energy transfer or of
the passive type based on convective, conductive, or radiant
energy transfer or some combination of these types.
"(B) Photovoltaic cells and related equipment.
"(C) A product or service the primary purpose of which is
conservation of energy through devices or techniques which
increase the energy efficiency of existing equipment, methods of
operation, or systems which use fossil fuels, and which is on the
Energy Conservation Measures List of the Secretary of Energy or
which the Administrator determines to be consistent with the
intent of this subsection.
"(D) Equipment the primary purpose of which is production of
energy from wood, biological waste, grain, or other biomass source
of energy.
"(E) Equipment the primary purpose of which is industrial
cogeneration of energy, district heating, or production of energy
from industrial waste.
"(F) Hydroelectric power equipment.
"(G) Wind energy conversion equipment.
"(H) Engineering, architectural, consulting, or other
professional services which are necessary or appropriate to aid
citizens in using any of the measures described in subparagraphs
(A) through (G).
Proceeds of loans under this subsection shall not be used primarily for
research and development.
"(2) No loan shall be made under this subsection if the total amount
outstanding and committed (by participation or otherwise) to the
borrower from the business loan and investment fund established by this
Act would exceed $500,000. No loan made or effected under this
subsection directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediated basis
shall exceed $350, 000.
"(3) No financial assistance shall be extended pursuant to this
subsection unless the financial assistance applied for is not otherwise
available on reasonable terms from non-Federal sources.
"(4) No immediate participation may be purchased unless it is shown
that a deferred participation is not available; and no loan may be made
unless it is shown that a participation is not available.
"(5) In agreements to participate in loans on a deferred basis under
this subsection, the Administration's participation shall not be in
excess of 90 per centum of the balance of the loan outstanding at the
time of disbursement.
"(6) The Administration's share of any loan made under this
subsection shall bear interest at the same rate as loans made under
subsection (a) of this section. The maximum terms of any such loan,
including extensions and renewals, may not exceed fifteen years.
"(7) All loans made under this subsection shall be of such sound
value as reasonably to assure repayment, recognizing that greater risk
may be associated with loans made to business concerns in this field:
Provided, That factors in determining 'sound value' shall incude, but
not be limited to, quality of the product or service; technical
qualifications of the applicant of the applicant or his employees;
sales projections; and the financial status of the business concern:
Provided further, That such status need not be as sound as that required
for loans under subsection (a) of this section.
"(8) (A) The Administration, after consultation with the Department
of Energy and other Federal departments and agencies as the
Administrator deems appropriate, shall publish in the Federal Register
for public comment not later than sixty days after the date of enactment
of this subsection proposed regulations to carry out the provisions to
this subsection. The Administration shall make all reasonable efforts
to solicit comments from small businesses and shall take into
consideration comments submitted regarding such proposed regulations.
"(B) The administration shall publish final regulations under this
subsection not later than one hundred and eighty days after the date of
enactment of this subsection.
"(9) It is the intent of Congress that the paperwork burden and
regulatory impact on applicants under this subsection shall be
minimized. and that to the maximum extent practicable, the Administrator
may rely upon consultation with the Department of Energy and other
agencies, upon paid consultants, and upon voluntary public submissions
of information to obtain market data, industry sales projections, energy
savings, and other economic information needed to carry out the
provisions of section 7(1) (1) (D) and (E). Nothing in this subsection
shall be construed as precluding the Administrator from using any of his
lawful powers to obtain information from applicants.".
Sec. 3. Section 7 (d) of the Small Business Act // 15 USC 636 // is
amended by inserting "(1)" after "(d) and by adding at the end of such
subsection the following paragraph:
"(2) The Administration is authorized to hold seminars throughout the
Nation to make potential applicants aware of the opportunities available
under this subsection and related government energy programs, and to
make grants to qualified organizations to provide training seminars for
small business concerns regarding practical and easily implemented
methods for design, manufacture, installation, and servicing of
equipment and for providing service listed in paragraph (1) of this
subsection, except that recipients of loans made pursuant to this
subsection shall not subsequently be eligible for such grants.".
Sec. 4. Section 4 (c) of the Small Business Act // 15 USC 633. // is
amended--,
(1) is subparagraph (B) of paragraph (1), by inserting "7 (1),"
after "7 (2),"; and
(2) is subparagraph (B) of paragraph (2), by inserting "7 (1),"
after 7(i),".
Sec. 5. Section 20 (e) of the Small Business Act ( 15 U.S.C. 649
(e)) // 15 USC 631 // is amended by adding at the end thereof a new
paragraph as follows:
"(10) For the programs authorized by section 7(1) of this Act, // 15
USC 636. // the Administration is authorized to make $30,000,000 in
direct and immediate participation loans and $45,000,000 is guaranteed
loans. ".
Sec. 6. Section 10 (b) of the Small Business Act (15 U.S.C. 639 (b))
is amended by adding the following: " Such report shall contain the
number and amount of loans, the number of applications, the total amount
applied for, and the number and amount of defaults for each type of
equipment or service for which loans are authorized by this subsection,
and on the projected and actual energy savings and numbers of jobs
created by firms through loans made under section 7 (1) of the Small
Business Act. // 15 USC 636. // The Department of Energy shall assist
the Administration in obtaining information and compiling this report.".
Sec 7. Section 20 (f) of the Small Business Act (15 U.S.C. 649 (f))
// 15 USC 631 // is amended by striking the first sentence and inserting
in lieu thereof: " There are authorized to be appropriated to the
Administration for fiscal year 1979 $1,750,000 to carry out the programs
referred to in subsection (e), paragraphs (1) through (10).".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1071 (Comm. on Small Business).
SENATE REPORT No. 95 - 828 (Select Comm. on Small Business).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 2, considered and passed House.
May 24, considered and passed Senate, amended.
June 16, House concurred in Senate amendment with amendments.
June 19, Senate concurred in House amendments.
PUBLIC LAW 95-314, 92 STAT. 376
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5 (a) of
the Fishery Conservation Zone Transition Act. (Public Law 95 - 73; 91
Stat. 283) // 16 USC 1823 // is amended to read as follows:
"(a) Congressional Approval.--The Congress hereby approves the
Reciprocal Fisheries Agreement for 1978 between the Government of the
United States and the Government of Canada (hereinafter in this section
referred to as the ' Agreement') as contained in the message to Congress
from the President of the United States dated May 1, 1978. The Agreement
shall be in force and effect with respect to the United States from
January 1, 1978, until such later date in 1978 as may be determined
pursuant to the terms of the Agreement.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1215 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 65 - 955 (Comm. on Commerce, Science, and
Transportation and Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 25, considered and passed House.
June 29, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, no. 27:
July 1, Presidential statement.
PUBLIC LAW 95-313, 92 STAT. 365, COOPERATIVE FORESTRY ASSISTANCE ACT
OF 1978
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 " Cooperative Forestry Assistance Act of 1978". // 16 USC
2101 //
Sec. 2. (a) Congress finds and declares that--,
(1) most of the Nation's productive forest land is in private,
State, and local governmental ownership, and the Nation's capacity
to produce renewable forest resources is significantly dependent
on these non-Federal forest lands;
(2) adequate supplies of timber and other forest resources are
essential to the Nation, and adequate supplies are dependent upon
efficient methods for establishing, managing, and harvesting trees
and processing, marketing, and using wood and wood products;
(3) managed forest lands provide habitats for fish and
wildlife, as well as esthetics, outdoor recreation opportunities,
and other forest resources;
(4) insects and diseases affecting trees occur and sometimes
create emergency conditions on all land, whether Federal or
non-Federal, and efforts to prevent and control such insects and
diseases often require coordinated action by both Federal and
non-Federal land managers;
(5) fires in rual areas threaten human lives, property, and
forests and other resources, and Federal-State cooperation in
forest fire protection has proven effective and valuable;
(6) trees and forests are of great environmental and economic
value to urban areas; and
(7) managed forests contribute to improving the quality,
quantity, and timing of water yields, which are of broad benefit
to society.
(b) The purpose of this Act is to authorize the Secretary of
Agriculture (hereinafter in this Act referred to as the " Secretary")
with respect to non-Federal forest lands, to assist in--,
(1) the advancement of forest resources management;
(2) the encouragement of the production of timber;
(3) the prevention and control of insects and diseases
affecting trees and forests;
(4) the prevention and control of rural fires;
(5) the efficient utilization of wood and wood residues,
including the recycling of wood fiber;
(6) the improvement and maintenance of fish and wildlife
habitat; and
(7) the planning and conduct of urban forestry programs.
(c) It is in the national interest for the Secretary to work through
and in cooperation with State foresters or equivalent State officials in
implementing Federal programs affecting non-Federal forest lands,
(d) This Act shall be deemed to complement the policies and direction
set forth in the Forest and Rangeland Renewable Resources Planning Act
of 1974. // 16 USC 1600 //
Sec. 3. (a) Congress finds that--,
(1) production of timber on non-Federal forest lands and the
efficient processing and use of wood produced on these lands are
important in meeting the Nation's demand for wood and wood
products;
(2) the Federal Government can assist in increasing timber
inventories, improving and maintaining fish and wildlife habitat,
and providing other forest resources on non-Federal forest lands;
and
(3) Federal assistance in forest resources management on
non-Federal forest lands and the utilization of resources from
these lands contribute to the economic strength and environmental
quality of the Nation, providing many public benefits.
(b) The Secretary is authorized to provide financial, technical, and
related assistance to State foresters or equivalent State officials
to--,
(1) develop genetically improved tree seeds;
(2) procure, produce, and distribute tree seeds and trees for
the purpose of establishing forests, windbreaks, shelterbelts,
woodlots, and other plantings;
(3) plant tree seeds and trees for the reforestation or
afforestation of non-Federal forest lands suitable for the
production of timber and other benefits associated with the
growing of trees;
(4) plan, organize, and implement measures on non-Federal
forest lands, including, but not limited to, thinning, prescribed
burning, and other silvicultural practices designed to increase
the quantity and improve the quality of trees and other
vegetation, fish and wildlife habitat, and water yielded
therefrom;
(5) protect or improve soil fertility on non-Federal forest
lands and the quality, quantity, and timing of water yields; and
(6) provide technical information, advice, and related
assistance to private forest landowners and managers, vendors,
forest operators, wood processors, public agencies, and
individuals regarding--,
(c) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this section.
Sec. 4. (a) The Secretary is authorized to develop and implement a
forestry incentives program to encourage the development, management,
and protection of nonindustrial private forest lands. The purposes of
such program shall be to encourage landowners to apply practices that
will provide for afforestation of suitable open lands, reforestation of
cutover or other nonstocked or understocked forest lands, timber stand
improvement practices, including thinning, prescribed burning, and other
silvicultural treatments, and forest resources management and
protection, so as to provide for the production of timber and other
forest resources associated therewith.
(b) For the purposes of this section, the term "private forest land"
means land capable of producing crops of industrial wood and owned by
any private individual, group, Indian tribe or other native group,
association, corporation, or other legal entity.
(c) Landowners shall be eligible for cost sharing under this program
if they own one thousand acres or less of private forest land, except
that the Secretary may approve cost sharing with landowners owning more
than one thousand acres of such land if significant public benefits will
accrue. In no case, however, may the Secretary approve cost sharing
with landowners owning more than five thousand acres of private forest
land.
(d) The Secretary shall administer this section in accordance with
regulations the Secretary shall develop in consultation with the
committee described in section 10 (c) of this Act. Regulations issued
under title X of the Agricultural Act of 1970, as added by the
Agriculture and Consumer Protection Act of 1973, // 16 USC 1501 // to
the extent not inconsistent with the provisions of this section, shall
remain in effect until revoked or amended by regulations issued under
this subsection. The regulations issued under this subsection shall
include guidelines for the administration of this section at the Federal
and State levels, and shall identify the measures and activities
eligible for cost sharing under this section.
(e) Individual forest management plans developed by the landowner in
cooperation with and approved by the State forester or equivalent State
official shall be the basis for agreements between the landowner and the
Secretary under this section. The Secretary shall encourage
participating States to use private agencies, consultants,
organizations, and firms to the extent feasible for the preparation of
individual forest management plans.
(f) In return for the agreement by the landowner, the Secretary shall
agree to share the cost of implementing those forestry practices and
measures set forth in the agreement for which the Secretary determines
that cost sharing is appropriate. The portion of such cost (including
labor) to be shared shall be that portion that the Secretary determines
is necessary and appropriate to implement the forestry practices and
measures under the agreement, but not more than 75 percent of the
actural costs incurred by the lanowner. The maximum amount any
idividual may receive annually under the program authorized by this
section shall be determined by the Secretary in consultation with the
committee described in section 10 (c) of this Act.
(g) The Secretary shall, for the puposed of this section, distribute
funds available for cost sharing among the States only after assessing
the public benefit incident thereto, and after giving appropriate
consideration to (1) the acreage of private commerical forest land in
each State, (2) the potential productivity of such land, (3) the number
of ownerships eligible for cost sharing in each State, (4) the need for
reforestation, timber stand improvement, or other forestry investments
on such ownerships, and (5) the enhancement of other forest resources.
(h) The Secretary may, if the Secretary determines that doing so will
contribute to the effective and equitable administration of the program
authorized by this section, use an advertising and bid procedure in
determining the lands in any area to be covered by agreements under this
section.
(i) In implementing this section, the Secretary may use the
authorities provided in sections 1001, 1002, 1003, 1004, and 1008 of the
Agricultural Act of 1970, as added by the Agriculture and Comsumer
Protection Act of 1973, // 16 USC 1501 - 1504, 1508. //
(j) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this sectin, including funds necessary for
technical assistance and expenses associated therewith.
Sec. 5. (a) The Secretary is authorized to protect from insects and
diseases trees and forests and wood products, stored wood, and wood in
use directly on the National Forest System and in cooperation with
others on other lands in the United States, in order to--,
(1) enhance the growth and maintenance of trees and forests;
(2) promote the stability of forest-related industries and
employment associated therewith through potection of forest
resources;
(3) aid in forest fire prevention and control;
(4) conserve forest cover on watersheds;
(5) protect outdoor recreation opportunties and other forest
resources; and
(6) extend timber supplies by protecting wood poducts, stored
wood, and wood in use.
(b) Subject to the provisions of subsections (c), (d), and (e) of
this section and subject to whatever other conditions the Secretary may
prscribe, the Secretary is authorized, directly on the National Forest
System, and in cooperation with other Federal departments on other
Federal lands, and in cooperation with State foresters or equivalent
State officials, subdivisions of States, agencies, institutions,
organizations, or individuals on non-Federal lands, to--,
(1) conduct surveys to detect and appraise insect infestations
and disease conditions affecting trees;
(2) determine the biological, chemical, and mechanical measures
necessary to prevent, retard, control, or suppress incipient,
potential, threatening, or emergency insect infestations and
disease conditions affecting trees;
(3) plan, organize, direct, and perform measures the Secretary
determines necessary to prevent, retard, control, or suppress
incipient, potential, threatening, or emergency insect
infestations and disease epidemics affecting trees;
(4) provide technical information, advice, and related
assistance in managing and coordinating the use of pesticides and
other toxic substances applied to trees and other vegetation, and
to wood products, stored wood, and wood in use; and
(5) take any other actions the Secretary deems necessary to
accomplish the objectives and purposes of this section.
(c) Operations planned to prevent, retard, control, or suppress
insects or diseases affecting forests and trees on land not controlled
or administered by the Secretary shall not be conducted without the
consent, cooperation, and participation of the entity having ownership
of or jurisdiction over the affected land.
(d) No money appropriated to implement this section shall be expended
to prevent, retard, control, or suppress insects or diseases affecting
trees on non-Federal land until the entity having ownership of or
jurisdiction over the affected land contributes, or agrees to
contribute, to the work to be done in the amount and in the manner
determined by the Secretary.
(e) The Secretary may, in the Secretary's discretition and out of any
money appropriated ot implement this section, make allocations to
Federal agencies having jurisdiction over lands held or owned by the
United States in the amounts the Secretary deems necessary to prevent,
retard, control, or suppress insect infestations and disease epidemics
affecting trees on those lands.
(f) Any money appropriated to implement this section shall be
available for necessary expenses. However, no money appropriated to
implement this section shall be used to (1) pay the cost of felling and
removing dead or dying trees unless the Secretary determines that such
actions are necessary to prevent the spread of a major insect
infestation or disease epidemic severely affecting trees, or (2)
compensate for the value of any property injured, damaged, or destroyed
by any cause. The Secretary may procure materials and equipment
necessary to prevent, retard, control, or suppress insects and diseases
affecting trees without regard to section 3709 of the Revised Statutes,
as amended (41 U.S.C.5), under whatever procedures the Secretary may
prescribe, whenever the Secretary deems such action necessary and in the
public interest.
(g) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this section.
Sec. 6. (a) Congress finds that--,
(1) trees and forests in urban areas, including cities, their
suburbs, and towns, improve esthetic quality, reduce noise, filter
impurities from the air and add oxgen to it, save energy by
moderating temperature extremes, control wind and water erosion,
and provide habitat for wildlife:
(2) trees and forests in urban areas are weakened, damaged, or
killed by highway and street widening, sidewalk construction, air
pollution, modified drainage patterns, erosion, depletion of soil
fertility, insects and diseases, mechanical and structural
facilities, and other adverse influences that result from or are
aggravated by the concentrated use of land; and
(3) planting, protecting, and maintaining trees and forests and
utilizing wood from pruned limbs, danaged trees, and felled trees
in urban areas make those areas more pleasant and healthful.
(b) The Secretary is authorized to provide financial, technical, and
related assistance to State foresters or equivalent State officials for
the purpose of encouraging States to provide information and technical
assistance to units of local government and others that will encourage
cooperative efforts to plan urban forestry programs and to plant,
protect, and maintain, and utilize wood from, trees in open spaces,
greenbelts, roadside screens, parks, woodlands, curb areas, and
residential developments in urban areas. The Secretary is also
authorized to cooperate directly with units of local government and
others in implelmenting this section whenever the Secretary and the
affected State forester or equivalent State official agree that direct
cooperation would better achieve the purposes of this section.
(c) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this section.
Sec. 7. (a) Congress finds that--,
(1) singnificant accomplishments have been made by the
Secretary and cooperating States in the prevention and control of
fires on forest lands and on nonforested watersheds for more than
fifty years;
(2) progress is being made by the Secretary and cooperating
States and rural communities in the protection of human lives,
agricultural crops and livestock, property and other improvements,
and natural resources from fires in rural areas;
(3) notwithstanding the accomplishments and progress that have
been made, fire prevention and control on rural lands and in rural
communities are of continuing high priority to protect human
lives, agricultural crops and livestock, property and other
improvements, and natural resources;
(4) the effective cooperative relationships between the
Secretary and the States regarding fire prevention and control on
rural lands and in rural communities should be retained and
improved;
(5) efforts in fire prevention and control in rural areas
should be coordinated among Federal, State, and local agencies;
and
(6) in addition to providing assistance to State and local
rural fire prevention and control programs, the Secretary should
provide prompt and adequate assistance whenever a rural fire
emergency overwhelms, or threatens to overwhelm, the firefighting
capability of the affected State or rural area.
(b) Notwithstanding the Federal Fire Prevention and Control Act of
1974, // 15 USC 2201 // the Secretary is authorized, under whatever
conditions the Secretary may prescribe, to--,
(1) cooperate with State foresters or equivalent State
officials in developing systems and methods for the prevention,
control, suppression, and prescribed use of fires on rural lands
and in rural communities that will protect human lives,
agricultural crops and livestock, property and other improvements,
and natural resources;
(2) provide financial, technical, and related assistance to
State foresters or equivalent State officials, and through them to
other agencies and individuals, for the prevention, control,
suppression, and prescribed use of fires on non-Federal forest
lands and other non-Federal lands; and
(3) provide financial, technical, and related assistance to
State foresters or equivalent State officials in cooperative
efforts to organize, train, and equip local firefighting forces,
including those of Indian tribes or other native groups, to
prevent, control, and suppress fires threatening human lives,
crops, livestock, farmsteads or other improvements, pastures,
orchards, wildlife, rangeland, woodland, and other resources in
rural areas. As used herein, the term "rural areas" shall have
the meaning set out in the first clause of section 306 (a) (7) of
the Consolidated Farm and Rural Development Act.
// 7 USC 1926. //
(c) The Secretary, with the cooperation and assistance of the
Administrator of General Services, shall encourage the use of excess
personal property (within the meaning of the Federal Property and
Administrative Services Act of 1949) // 40 USC 471 // by State and local
fire forces receiving assistance under this section.
(d) To promote maximum effectiveness and economy, the Secretary shall
seek to coordinate the assistance the Secretary provides under this
section with the assistance provided by the Secretary of Commerce under
the Federal Fire Prevention and Control Act of 1974. // 15 USC 2201 //
(e) There are hereby authorized to be appropriated annually such sums
as may be needed to implement subsection (b) of this section.
(f) There shall be established in the Treasury a special rural fire
disaster fund that shall be immediately available to and used by the
Secretary to supplement any other money available to carry out this
section with respect rural fire emergencies, as determined by the
Secretary. The Secretary shall determine that State and local resources
are fully used or will be fully used before expending money in the
disaster fund to assist a State in which one or more rural fire
emergencies exist. There are hereby authorized to be appropriated such
sums as may be needed to establish and replenish the disaster fund
established by this subsection.
Sec. 8. (a) To aid in achieving maximum effectiveness in the
programs and activities conducted under this Act, the Secretary is
authorized to provide financial, technical, and related assistance to
State foresters or equivaltent State officials for the Development of
stronger and more efficient State organizations that will enable them to
fulfill better their responsibilities for the protection and management
of non-Federal forest lands. Assistance underthis subsection may
include, but will not be limited to, assistance in matters related to
organization management, program planning and management, budget and
fiscal accounting services, personnel training and management,
information services, and recordkeeping. Assistance under this
subsection may be extended only upon request by State foresters or
equivalent State officials.
b) To ensure that data regarding forest lands are available for and
effectively presented in State and Federal natural resources planning,
the Secretary is authorized to provide financial, technical, and related
assistance to State foresters or equivalent State officials in the
assembly, analysis, display, and reporting of State forest resources
data, in the training of State forest resources planners, and in
participating in natural resources planning at the State and Federal
levels. The Secretary shall rstrict assistance under this subsection to
the implementation of th forestry aspects of State and Federal natural
resources planning conducted under other laws. This subsection shall
not be construed, in any way whatsoever, as extending, limiting,
amending, repealing, or otherwise affecting any other law or authority.
(c) To ensure that new technology is intoduced, new information is
integrated into existing technoloty, and forest resources research
findings are promptly made available to State forestry personnel,
private forest lanowners and managers, vendors, forest operators, wood
processors, public agencies, and individuals, the Secretary is
authorized to carry out a program of technology implementation.
(1) In implementing this subsection, the Secretary is
authorized to work through State foresters or equivalent State
officials, and, if the State forester or equivalent State official
is unable to deliver these services, the Secretary is authorized
to act through appropriate United States Department of Agriculture
agencies, subdivisions of States, agencies, institutions,
organizations, or individuals to--,
(2) The Secretary may make funds available to cooperators under
this Act without regard to the provisions of section 3648 of the
Revised Statutes (31 U.S.C. 529), which prohibits advances of
public money.
(3) The Secretary shall use forest resources planning
committees at National and State levels in implementing this
subsection.
(d) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this section.
Sec. 9. (a) To provide flexibility in funding activities authorized
under this Act, // 16 USC 2108 // the Secretary may, upon the request of
any State consolidate the annual financial assistance payments to that
State under this Act, in lieu of functional cost sharing mechanisms,
formulas, or agreements. However, consolidated payments shall not
include money appropriated under section 4 of this Act or money from any
special Treasury fund established under this Act.
(b) Consolidation of payments made under this section shall be based
upon State forest resources programs developed by State foresters or
equivalent State officials, and reviewed by the Secretary.
(c) Consolidated payments to any State during any fiscal year shall
not exceed the total amount of non-Federal funds expended within the
State during that year to implement its State forest resources program.
However, the Secretary may make payments that exceed the non-Federal
amount expended for selected activities under the program, if the total
Federal expenditure during any fiscal year does not exceed the total
non-Federal expenditure during that year under the State forest
resources program.
(d) The Secretary may make consolidated payments on the certificate
of the State forester or equivalent State official that the conditions
for Federal payment have been met.
(e) The Secretary shall administter this section to ensure that the
use of consolidated payments does not adversely affect or eliminate any
program authorized under this Act.
(f) Subject to applicable appropriation Acts, the total annual amount
of financial assistance to any participating State after the enactment
of this Act shall not be less than the base amount of financial
assistance provided to that State under all provisions of law specified
in section 13 of this Act during the fiscal year in which this Act is
enacted. However, financial assistance for special projects of two
years or less duration shall not be included in determining the base
amount for any participating State.
Sec 10. (a) In implementing this Act, // 16 USC 2109 // the
Secretary shall, to the maximum extent practicable--,
(1) work through, cooperate with, and assist State foresters or
equivalent State officials;
(2) encourage cooperation and coordination between State
foresters or equivalent State officials and other State agencies
that manage renewable natural resources;
(3) use and encourage cooperators under this Act to use,
private agencies, consultants, organizations, firms, and
individuals to furnish necessary materials and services; and
(4) promote effectiveness and economy by coordinating the
direct actions and assistance authorized under this Act with
related programs the Secretary administers, and with cooperative
programs of other agencies.
(b) Money appropriated under this Act shall remain available until
expended.
(c) Requirements for the development fo State forest resources
programs and State participation in management assistance, planning
assistance, and technology implementation, the apportionment of funds
among States participating under this Act, the administrative expenses
in connection with activities and programs under this Act, and the
amounts to be expended by the Secretary to assist non-State cooperators
under this Act, shall be determined by the Secretary in consultation
with a committee of not less than five State foresters or equivalent
State officials selected by a majority of the State foresters or
equivalent State officials from States participating in programs under
this Act. However, the Secretary need not consult with such committee
regarding funds to be expended under emergency conditions that the
Secretary may determine.
(d) For the purposes of this Act--,
(1) The terms " United States" shall include each of the
serveral States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States,
Commmonwealth of the Northern Mariana Islands, the Trust Territory
of the Pacific Islands, and the territories and possessions of the
United States;
(2) The terms "forest resources" shall include esthetics, fish
and wildlife, forage, outdoor recreation opportunities, timber,
and water; and
(3) The term "urban forestry" means the planning,
establishment, protection, and management of trees and associated
plants, individually, in small groups, or under forest conditions
within cities, their suburbs, and towns.
(e) The Secretary may prescribe rules and regulations, as the
Secretary deems appropriate, to implement the provisions of this Act.
(f) The Secretary is authorized to make grants, agreements,
contracts, and other arrangements the Secretary deems necessary to
implement this Act.
(g) This Act shall be construed as supplementing all other laws
relating to the Department of Agriculture and shall not be construed as
limiting or repealing any existing law or authority of the Secretary,
except as specifically cited in section 13 of this Act.
Sec. 11. This Act // 16 USC 2110. // does not authorize the Federal
Government to regulate the use of private land or to deprive owners of
land of their rights to property or to income from the sale of property,
and this Act does not diminish in any way the rights and
responsibilities of the States and political subdivisions of States.
Sec. 12. To ensure that Congress has adequate information to
implement its oversight responsibilities and to provide accountability
for expenditures and activities under this Act, section 8 (c) of the
Forest and Rangeland Renewable Resources Planning Act of 1974 // 16 USC
1606 // is amended by--,
(1) inserting immediately before the period at the end of the
last sentence "and in cooperative State and private Forest Service
programs"; and
(2) adding a new sentence at the end thereof as follows: with
regard to the cooperative forestry assistance part of the Program,
the report shall include, but not be limited to, a description of
the status, accomplishments, needs, and work backlogs for the
programs and activities conducted under the Cooperative Forestry
Assistance Act of 1978.".
AGREEMENTS;
APPROPRIATIONS
Sec. 13. (a) The following laws, and portions of laws, are hereby
repealed:
(1) sections 1,2,3, and 4 of the Act of June 7, 1924, known as
the Clarke-Mc Nary Act (43 Stat. 653 - 654, as amended; 16 U.S.
C. 564, 565, 566, 567);
(2) the Act of April 26, 1940, known as the White Pine Blister
Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a);
(3) the Forest Pest Control Act
// 16 USC 594--1 //
(4) the Cooperative Forest Management Act;
// 16 USC 568c //
(5) section 401 of the Agricultural Act of 1956; (6) title IV
of the Rural Development Act of 1972;
// 16 USC 568e. //
and
(7) section 1009 and the proviso to section 1010 of the
Agricultural Act of 1970,
// 7 USC 2651. //
as added by the Agriculture and Consumer Protection Act of 1973.
// 16 USC 1509, 1510. //
(b) Contracts and cooperative and other agreements under cooperative
forestry programs executed under authority of the Acts, or portions
thereof, repealed under subsection (a) of this section shall remain in
effect until revoked or amended by their own terms or under other
provisions of law.
(c) Funds appropriated under the authority of the Acts, or portions
thereof, repealed under subsection (a) of this section shall be
available for expenditure for the programs authorized under this Act.
Sec. 14. The provisions of this Act // 16 USC 2101 // shall become
effective October 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1183 (Comm. on Agriculture).
SENATE REPORT No. 95 - 879 accompanying S. 3033 (Comm. on
Agriculture, Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 22, considered and passed House.
June 7, considered and passed Senate, amended, in lieu of S.
3033.
June 16, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27:
July 1, Presidential statememt,
PUBLIC LAW 95-312, 92 STAT. 364
Whereas the rapid development of America's economy is a result of the
interaction of the free enterprise of our people and the abundant
natural resources of our land; and
Whereas the present great prosperity of the United States is based
upon free enterprise; and
Whereas the principles of free enterprise are inexorably bound with
our principles of individual political freeddom; and
Whereas the belief of Americans in the essential justice of free
enterprise is being increasingly challenged throughout the world.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating July 1,
1978, as " Free Enterprise Day" and calling upon the people of the
United States and interested groups and organizations to observe such
day with appropriate ceremonies and activities.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 20, considered and passed Senate.
June 26, considered and passed House.
PUBLIC LAW 95-311, 92 STAT. 363
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the proposed new
Veteran's Administration hospital in Little Rock, Arkansas, shall
hereafter be known and designated as the " John L. Mc Clellan Memorial
Veterans' Hospital". Any reference to such hospital in any law.
regulation, document, record, or other paper of the United States shall
be deemed a reference to it as the John L. Mc Clellan Memorial Hospital.
Sec. 2. The Administrator of Veterans' Affairs is authorized to
provide such memorial at the above-named hospital as he may deem
suitable to preserve the remembrance of the late John L. Mc Clellan.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1284 accompanying H.R. 10287 (Comm. on
Veterans' Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Dec. 15, considered and passed Senate.
Vol. 124 (1978): June 19, considered and passed House,
amended, in lieu of H.R. 10287. June 23, Senate concurred in House
amendments.
PUBLIC LAW 95-310, 92 STAT. 362
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
any requirement or limitation therein with respect to the location of
lands that may be conveyed, the Secretary of Agriculture is authorized
to convey as a townsite lands in the Wenatchee National Forest,
Washington, known as the Liberty Townsite, prusuant to and in accordance
with the provisions of the Act of July 31, 1958 (72 Stat. 438; 7
U.S.C. 1012a) as amended by section 213 of the Federal Land Policy and
Management Act of 1976 (90 Sta. 2743, 3760). // 90 Stat. 2760 //
LEGISLATIVE HISTORY:
HOUSE REPORT No 95 - 1291 (Comm. on Interior and Insular Affairs).
Senate REPORT No 95 - 519 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 28, considered and passed Senate.
Vol. 124 (1978): June 21, considered and passed House.
PUBLIC LAW 95-309, 92 STAT. 361
Whereas this Nation was founded on the principle of freedom of
religious thought;
Whereas the practice of this freedom continues today in the
expression of many philosophies and beliefs;
Whereas the American people have --or their ancestors have--come to
this country for many reasons, among them the freedom from presecution
for these beliefs; and
Wheras a deep kinship and true brotherhood exists among the various
national, religious, and racial groups making up this great Nation:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Sunday, June 25, 1978, is
hereby designated as " National Brotherhood Day".
Sec. 2. The President is authorizeds and requested to issue a
proclamation calling upon the people of the United States to commemorate
National Brotherhood Day with appropriate celebrations and observances.
LEGIISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 23, considered and passed House and Senate.
PUBLIC LAW 95-308, 92 STAT. 358
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That funds are hereby
authorized to be appropriated for necessary expenses of the United
States Coast Guard of fiscal year 1979, as follows:
(1) For the operation and maintenance of the Coast Guard,
including expenses related to the Capehart housing debt reduction:
$969,906,000;
(2) For the acquistiion, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related therto: $379,954,000 to
remain available until expended;
(3) For the alteration or removal of bridges over navigable
waters of the United States, constituting obstructions to
navigation: $34,603,000, to remain available until expended; and
(4) For research, development, test, and evaluation:
$25,000,000, to remain available until expended.
Sec. 2. For fiscal year 1979, the Coast Guard is authorized and end
of year strength of ractive duty personnel of 39,331: Provided, That
the ceiling shall not include members of the Ready Reserve called to
active duty under the authority of section 764 of title 14, United
States Code.
Sec. 3. For fiscal year 1979, average military training students
loads for the Coast Guard are authorized as follows:
(1) recruit and special training: 3,962 students:
(2) flight training: 95 students;
(3) professional training in military and civilian
institutions: 436 students; and
(4) officer acquisitions: 952 students.
Sec 4. Section 30 of the Federal Boat Safety Act of 1971 (46 U.SC.
1479) is amended by striking out "and 1978" and inserting in lieu
thereof ", 1978, 1979, and 1980,".
Sec. 5. The Coast Guard is authyorized to enter into a long-term
lease in excess of one fiscal year for the purpose of acquiring a site
on the Quillayute Indian Reservation in the State of Washington so that
the Quillayute River Coast Guard Station may be relocated: Provided,
That any such agreement entered into pursuant to this section shall be
effective only to such extent or in such amounts as are provided in
advance in appropriation Acts. The Coast Guard is also authorized to
expend, commencing with fiscal year 1979, appropriated funds for the
construction of fixed facitities and improvements on such land leased
from the Quillayute Indians.
Sec. 6. Subsection (b) of the first section of the Act of August 27,
1935 (relating to load lines for certain vessels) (46 U.S.C. 88 (b)), is
amended by (1) striking out " All" and inserting in lieu thereof " The
requirements of this Act shall not apply to (1) all"; (2) striking out
"except those constructed after the effective date of this subsection or
those converted to either of such services after 5 years from the
effective date of this subsection and " and inserting in lieu thereof
"which were constructed, or with respect to which construction was begun
or contracted for, before January 1, 1980, or which were converted to
such use, or with respect to which conversion to such use was begun or
contracted for, before January 1, 1980, so long as such conversion was
completed before January 1, 1983 (in the case of conversions); or (2)";
and (3) striking out ", are exempt from the requirements of this Act".
Sec. 7. Section 10 of the Act of May 28, 1908 (relating to seagoing
barges) (46 U.S.C. 395), is amended by (1) redesignating subsection (c)
as subsection (d) ; and (2) inserting immediately after subsection (b)
the following:
"(c) During the period beginning January 1, 1977, and ending January
1, 1982, the provisions of subsection (b) shall not apply to vessels of
not more than 5,000 gross tons used in the pocessing or assembling of
fishery products in the fisheries of the States of Oregon, Washington,
and Alaska.".
Sec 8. (a) The Congress finds adn declares the following:
(1) The transportation, production and handling of oil in, on,
or near the navigable and ocean waters of the Columbia River Basin
system creates substantial environmental risks, and may cause
serious damage to the general health, welfare, and economy of this
region.
(2) The vitality of the Columbia River estuary and marine
environment is crucial to the maintenance and enhancement of major
fishery resources for the enjoyment and livelihood of present and
future generations.
(3) The protection and betterment of this marine, estuarine and
fresh water river system requires a thorough, detailed assessment
of the current plans and capabilities to best prevent, contain,
clean-up and mitigate the damages resulting from possible oil
spills and discharges in the system.
(b) Within 180 days after the date of enactment of this section,
the
Commandant of the Coast Guard, in consultation with the appropriate
Federal, State, and local agencies, shall conduct a systematic, detailed
evaluation on the --,
(1) current procedures, safeguards, and capabilities to best
prevent, contain, clean-up, and mitigate damages resulting from
oil spills and discharges in, on, or near the navigable and ocean
waters of the Columbia River Basin system;
(2) available and required oceanographic meteorological, and
other relevant data necessary to best provide for the management
referred to in paragraph(1);
(3) potential risk of existing and projected oil tanker traffic
in, on, or near the navigable and ocean waters of the Columbia
River Basin system causing harm to the environment of such system
due to oil spills, fuel dumping, residual discharges, and other
releases of crude oil petroleum product; and
(4) need for legislation or other strategies to insure
protection of such system and its environment, including the
prompt development of an orderly, step-by-step contingency plan to
contain, cleanup, and mitigate the damages resulting from the
conditions referred to in paragraph (3).
The Commandant shall submit the results of such evaluation, immediately
upon completion, including such recommendations as he deems necessary,
to the Committee on Commerce, science, and Transportation of the Senate
and the Committee on Merchant Marine and Fisheries of the House of
Representatives.
Sec. 9. Paragraph (1) of the first section of the Act of July 1,
1977 // 91 Stat. 259 // (authorizing appropriations for the Coast Guard
for fiscal year 1978) is amended by striking out "$887,521,000;" and
inserting in lieu thereof "$892,900,000;".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1030 (Comm. on Marine and Fisheries).
SENATE REPORT No. 95 - 817 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 17, considered and passed House.
May 19, considered and passed Senate, amended.
June 14, House concurred in Senate amendments
PUBLIC LAW 95-307, 92 STAT. 353, FOREST AND RANGE LAND RENEWABLE
RESOURCES RESEARCH ACT OF 1978
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 " Forest and Rangeland Renewable Resources Research Act of
1978". // 16 USC 1600 //
Sec. 2. (a) Congress finds that scientific discoveries and
technological advances must be made and applied to support the
protection, management, and utilization of the Nation's renewable
resources. It is the purpose of this Act // 16 USC 1641 // to authorize
the Secretary of Agriculture (hereinafter in this Act referred to as the
" Secretary") to implement a comprehensive program of forest and
rangeland renewable resources research and dissemination of the findings
of such research.
(b) This Act shall be deemed to complement the policies and direction
set forth in the Forest and Rangeland Renewable Resources Planning Act
of 1974. // 16 USC 1600 //
Sec. 3. (a) The Secretary is authorized to conduct, support, and
cooperate in investigations, experiments, tests, and other activities
the Secretary deems necessary to obtain, analyze, develop, demonstrate,
and disseminate scientific information about protecting, managing, and
utilizing forest and rangeland renewable resources in rural, suburban,
and urban areas. The activities conducted, supported, or cooperated in
by the Secretary under this Act shall include, but not be limited to,
the five major areas of renewable resource research identified in
paragraphs (1) through (5) of this subsection.
(1) Renewable resource management research shall include, as
appropriate, research activities related to managing, reproducing,
planting, and growing vegetation on forests and rangelands for
timber, forage, water, fish and wildlife, esthetics, recreation,
wilderness, and other purposes; determining the role of forest
and rangeland management in the productive use of forests and
rangelands, in diversified agriculture, and in mining,
transportation, and other industries; and developing alternatives
for the management of forests and rangelands that will make
possible the most effective use of their multiple products and
services.
(2) Renewable resource environmental research shall include, as
appropriate, research activities related to understanding and
managing surface and subsurface water flow, preventing and
controlling erosion, and restoring damaged or disturbed soils on
forest and rangeland watersheds; maintaining and improving
wildlife and fish habitats; managing vegetation to reduce air and
water pollution, provide amenities, and for other purposes; and
understanding, predicting, and modifying weather, climatic, and
other environmental conditions that affect the protection and
managaement of forests and rangelands.
(3) Renewable resource protection research shall include, as
appropriate, research activities related to protecting vegetation
and other forest and rangeland resources, including threatened and
endangered flora and fauna, as well as wood and wood products in
storage or use, from fires, insects, diseases, noxious plants,
animals, air pollutants, and other agents through biological,
chemical, and mechanical control methods and systems; and
protecting people, natural resources, and property from fires in
rural areas.
(4) Renewable resource utilization research shall include, as
appropriate, research activities related to harvesting,
transporting, processing, marketing, distributing, and utilizing
wood and other materials derived from forest and rangeland
renewable resources; recycling and fully utilizing wood fiber;
and testing forest products, including necessary fieldwork
associated therewith.
(5) Renewable resource assessment research shall include, as
appropriate, research activities related to developing and
applying scientific knowledge and technology in support of the
survey and analysis of forest and rangeland renewable resources
described in subsection (b) of this section.
(b) To ensure the availability of adequate data and scientific
information for development of the periodic Renewable Resource
Assessment provided for in section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974, // 16 USC 1601 // the
Secretary of Agriculture shall make and keep current a comprehensive
survey and analysis of the present and prospective conditions of and
requirements for renewable resources of the forests and rangelands of
the United States and of the supplies of such renewable resources,
including a determination of the present and potential productivity of
the land, and of such other facts as may be necessary and useful in the
determination of ways and means needed to balance the demand for and
supply of these renewable resources, benefits, and uses in meeting the
needs of the people of the United States. The Secretary shall conduct
the survey and analysis under such plans as the Secretary may determine
to be fair and equitable, and cooperate with appropriate officials of
each State and, either through them or directly, with private or other
entities.
Sec. 4. (a) In implementing this Act, // 16 USC 1643 // the
Secretary is authorized to establish and maintain a system of experiment
stations, research laboratories, experimental areas, and other forest
and rangeland research facilities. The Secretary is authorized, with
donated or appropriated funds, to acquire by lease, donation, purchase,
exchange, or otherwise, land or interests in land within the United
States needed to implement this Act, to make necessary expenditures to
examine, appraise, and survey such property, and to do all things
incident to perfecting title thereto in the United States.
(b) In implementing this Act, the Secretary is authorized to accept,
hold, and administer gifts, donations, and bequests of money, real
property, or personal property from any source not otherwise prohibited
by law and to use such gifts, donations, and bequests to (1) establish
or operate any forest and rangeland research facility within the United
States, or (2) perform any forest and rangeland renewable resource
research activity authorized by this Act. Such gifts, donations, and
bequests, or the proceeds thereof, and money appropriated for these
purposes shall be deposited in the Treasury in a special fund. At the
request of the Secretary, the Secretary of the Treasury may invest or
reinvest any money in the fund that in the opinion of the Secretary is
not needed for current operations. Such investments shall be in public
debt securities with maturities suitable for the needs of the fund and
bearing interest at prevailing market rates. There are hereby
authorized to be expended from such fund such amounts as may be
specified in annual appropriation Acts, which shall remain available
until expended.
(c) In implementing this Act, the Secretary may cooperate with
Federal, State, and other governmental agencies, with public or private
agencies, institutions, universities, and organizations, and with
businesses and individuals in the United States and in other countries.
The Secretary may receive money and other contributions from cooperators
under such conditions as the Secretary may prescribe. Any money
contributions received under this subsection shall be credited to the
applicable appropriation or fund to be used for the same purposes and
shall remain available until expended as the Secretary may direct for
use in conducting research activities authorized by this Act and in
making refunds to contributors.
(d) The paragraph headed " Forest research:" under the center heading
" Forest Service" and the center subheading " SALARIES AND EXPENSES" of
title I of the Department of Agriculture Appropriation Act, 1952 (65
Stat. 233; 16 U.S.C. 581a - 1), is amended by inserting a period
immediately after the figure "$5,108,603" and by striking all that
follows in that paragraph.
Sec. 5. In addition to any grants made under other laws, the
Secretary is authorized to make competitive grants that will further
research activities authorized by this Act to Federal, State, and other
governmental agencies, public or private agencies, institutions,
universities, and organizations, and businesses and individuals in the
United States. In making these grants, the Secretary shall emphasize
basic and applied research activities that are important to achieving
the purposes of this Act, and shall obtain, through review by qualified
scientists and other methods, participation in research activities by
scientists throughout the United States who have expertise in matters
related to forest and rangeland renewable resources. Grants under this
section shall be made at the discretion of the Secretary under whatever
conditions the Secretary may prescribe, after publicly soliciting
research proposals, allowing sufficient time for submission of the
proposals, and considering qualitative, quantitative, financial,
administrative, and other factors that the Secretary deems important in
judging, comparing, and accepting the proposals. The Secretary may
refect any or all proposals received under this section if the Secretary
determines that it is in the public interest to do so.
Sec. 6. (a) The Secretary may make funds available to cooperators
and grantees under this Act // 16 USC 1645. // without regard to the
provisions of section 3648 of the Revised Statutes (31 U.S.C. 529),
which prohibits advances of public money.
(b) To avoid duplication, the Secretary shall coordinate cooperative
aid and grants under this Act with cooperative aid and grants the
Secretary makes under any other authority.
(c) The Secretary shall use the authorities and means available to
the Secretary to disseminate the knowledge and technology developed from
research activities conducted under or supported by this Act. In meeting
this responsibility, the Secretary shall cooperate, as the Secretary
deems appropriate, with the entities identified in subsection (d) (3) of
this section and with others.
(d) In implementing this Act, the Secretary, as the Secretary deems
appropriate and practical, shall--,
(1) use, and encourage cooperators and grantees to use, the
best available scientific skills from a variety of disciplines
within and outside the fields of agriculture and forestry;
(2) seek, and encourage cooperators and grantees to seek, a
proper mixture of short-term and long-term research and a proper
mixture fo basic and applied research;
(3) avoid unnecessary duplication and coordinate activities
under this section among agencies of the Department of Agriculture
and with other affected Federal department and agencies, State
agricultural experiment stations, State extension services, State
foresters or equivalent State officials, forestry schools, and
private research organizations; and
(4) encourage the development, employment, retention, and
exchange of qualified scientists and other specialists through
postgraduate, postdoctoral, and other traininbg, national and
international exchange of scientists, and other incentives and
programs to improve the quality of forest and rangeland renewable
resources research.
(e) This Act shall be construed as supplementing all other laws
relating to the Department fo Agriculture and shall not be construed as
limiting or repealing any existing law or authority of the Secretary
except as specifically cited in this Act.
(f) For the purposes of this Act, the terms " United States" and "
State" shall include each of the several States, the District of
Columbia, the Commonwealth of Purerto Rico, the Virgin Islands of the
United States, the Commonwealth of the Northern Marianna Islands, the
Trust Territory of the Pacific Islands, and the territories and
possessions of the United States.
Sec. 7. there are hereby authorized to be appropriated annually such
sums as may be needed to implement this Act. Funds appropriated under
this Act shall remanin available until expended.
COORDINATION; APPROPRIATIONS
Sec. 8. (a) The Act of May 22, 1928, known as the Mc Sweeney-Mc Nary
Act (45 Stat. 699 - 702, as amended; 16 U.S.C. 581, 581a, 581b- 581i),
is hereby repealed.
(b) Contracts and cooperative and other agreements under the Mc
Sweeney-Mc Nary Act shall remain in effect until revoked or amended by
their own terms or under other provisions of law.
(c) The Secretary is authorized to issue such rules and regulations
as the Secretary deems necessary to implement the provisions of this Act
and to coordinate this Act with title XIV of the Food and Agriculture
Act of 1977. // 7 USC 3101 //
(d) Funds appropriated under the authority of the Mc Sweeney-Mc Nary
Act // 16 USC 581, 581a, 581b - 581i // shall be available for
expenditure for the programs authorized under this Act.
Sec. 9. The provisions to this Act // 16 USC 1641 // shall become
effective October 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No 95 - 1179 (Comm. on Agriculture).
SENATE REPORT No. 95 - 8800 accompanying S. 3034 (Comm. on
Agriculture, Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 22, considered and passed House.
June 7, considered and passed Senate, amended, in lieu of S.
3034.
June 16, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27: July
1, Presidential statement.
PUBLIC LAW 95-306, 92 STAT. 349, RENEWABLE RESOURCES EXTENSION ACT OF
1978.
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 " Renewable Resources Extension Act of 1978". // 16 USC
1600 //
Sec. 2. Congress finds that--,
(1) the extension program of the Department of Agriculture and
the extension activities of each State provide useful and
productive educational programs for private forest and range
landowners and processors and consumptive and nonconsumptive users
of forest and rangeland renewable resources, and these educational
programs complement research and assistance programs conducted by
the Department of Agriculture;
(2) to meet national goals, it is essential that all forest and
rangeland renewable resources (hereinafter in this Act referred to
as "renewable resources"), including fish and wildlife, forage,
outdoor recreation opportunities, timber, and water, be fully
considered in designing educational programs for landowners,
processors, and users;
(3) more efficient utilization and marketing of renewable
resources extent available supplies of such resources, provide
products to consumers at prices less than they would otherwise be
and promote reasonable returns on the investments of landowners,
processors, and users;
(4) trees and forests in urban areas improve the esthetic
quality. reduce noise, filter impurities from the air and add
oxygen to it, save energy by moderating temperature extremes,
control wind and water erosion, and provide habitat for wildlife;
and
(5) trees and shrubs used as shelterbelts protect farm lands
from wind and water erosion, promote moisture accumulation in the
soil, and provide habitat for wildlife.
UNIVERSITIES
Sec. 3. (a) The Secretary of Agriculture (hereinafter in this Act //
16 USC 1672. // referred to as the " Secretary"), under conditions the
Secretary may prescribe and in cooperation with the State directors of
cooperative extension service programs and eligible colleges and
universities, shall--,
(1) provide educational programs that enable individuals to
recognize, and resolve problems dealing with renewable resources,
including forest- and range-based outdoor recreation
opportunities, trees and forests in urban areas, and trees and
shrubs in shelterbelts;
(2) use educatioal programs to disseminate the results of
research on renewable resources;
(3) conduct educational programs that transfer the best
available technology to those involved in the management and
protection of forests and rangelands and the processing and use of
their associated renewable resources;
(4) develop and implement educational programs that give
special attention to the educational needs of small, private
nonndustrial forest landowners;
(5) develop and implement educational programs in range and
fish and wildlife management;
(6) assist in providing continuing education programs for
professionally trained individuals in fish and wildlife, forest,
range, and watershed management and related fields;
(7) help forest and range landowners in securing technical and
financial assistance to bring appropriate expertise to bear on
their problems; and
(8) help identify areas of needed research regarding renewable
resources.
(b) As used in this Act, the term "eligible colleges and
universities" means colleges and universities eligible to be supported
and maintained, in whole or in part, with funds made available under the
provisions of the Act of July 2, 1862 (12 Stat. 503 - 505, as amended;
7 U.S.C. 301 - 305, 307, 308), and the Act of August 30, 1890 (26 Stat.
417 - 419, as amended; 7 U.S.C. 321 - 326, 328), including Tuskegee
Institute, and colleges and universities eliglilbe for assistance under
the Act of October 10, 1962 (76 STAT. 806 - 807, as amended; 16 U.S.C.
582a, 582a - 1 - 582a - 7).
(c) In implementing this section, all appropriate educational methods
may be used, including, but not limited to, meetings, short courses,
workshops, tours, demonstrations, publications, news releases, and radio
and television programs.
Sec. 4. (a) The State director of cooperative extension programs
hereinafter in this Act // 16 USC 1673 // referred to as the " State
director") and the administrative heads of extension for eligible
colleges and universities in each State shall jointly develop, by mutual
agreement, a single comphrehensive and coordinated renewable resources
extension program in which the role of each eligible college and
university is well-defined. In meeting this responsibilty, the State
director and the administrative heads of extension for eligible colleges
and universities shall consult and seek agreement with the
administrative technical representatives and the forestry
representatives provided for by the Secretary in implementation of the
Act of October 10, 1962 (76 Stat. 806 - 807, as amended; 16 U.S.C.
582a, 582a - 1 - 582a - 7), in the State. Each State's renewable
resources extension program shall be submitted to the Secretarry
annually. The National Agricultural Research and Extension Users
Advisory Board established under section 1408 of the Food and
Agriculture Act of 1977 // 7 USC 3123. // shall review and make
recommendations to the Secretary pertaining to programs conducted under
this Act.
(b) The State director and the administrative heads of extension for
eligible colleges and universities in each State shall encourage close
cooperation between extension staffs at the county and State levels, and
State adn Federal research organizations dealing with renewable
resources, State and Federal agencies that manage forests and rangelands
and their associated renewable resources, State and Federal agencies
that have responsibilities associated with the processing or use of
renewable resources, and other agencies or organizations the State
director and adninistrative heads of extension deem appropriate.
(c) Each State renewable resoureces extension programs shall be
administered and coordinated by the State director, except that, in
States having colleges eligible to receive funds under the Act of August
30, 1890 (26 Stat. 417 - 419, as amended; 7 U.S.C. 321 - 326, 328),
including Tuskegee Institute, the State renewable resources extension
program shall be administered by the State director and the
administrative head or heads of extension for the college or colleges
eligible to reveive such funds.
(d) In meeting the provisions of this section, each State director
and administrative heads of extension for eligible colleges and
universities shall appoint and use one or more advisory committees
comprised of forest and range landowners, professionally trained
individuals in fish and wildlife, forest, range, and watershed
management, and related fields, as appropriate, and other suitable
persons.
(e) For the purposes of this Act, th term " State" means any one of
the fify States, the Commonwealth of Puerto Rico, Guam, the District fo
Columbia, and the Virgin Islands of the United States.
Sec. 5. (a) The Secretary shall prepare a five-year plan for
implementing this Act, // 16 USC 1674 // which is to be called the "
Renwwable Resources Extension Program" and shall submit such plan to
Congress no later than the last day of the first day of the first half
of the fiscal year ending september 30, 1980, and the last day of the
first half of each fifth fiscal year thereafter. The Renewable
Resources Extension Program shall provide national emphasis and
direction as well as guidance to State directors and administrative
heads of extension for eligible colleges and universities in the
development of their respective State renewable resources extension
programs, which are to be appropriate in terms of the conditions, needs
and opportunities in each State. The Renewable Resources Extension
Program shall contain, but not be limited to , brief outlines of general
extension programs for fish and wildlife management (for both game and
nongame species), range management, timber management (including brief
outlines of general extension programs for timber utilization, timber
harvesting, timber marketing, wood utilization, and wood products
marketing), and watershed management (giving special attention to water
quality protection), as well as brief outlines of general extension
programs for recongnition and enhancement of forest- and range-based
outdoor recreation opportunities, for planting and management of trees
and forests in urban areas, and for planting and management of trees and
shrubs in shelterbelts.
(b) In preparing the Renewable Resources Extension Program, the
Secretary shall take into account the respective capabilities of private
forests and rangelands for yielding renewable resources and the relative
needs for such resources identified in the periodic Renewable Resource
Assessment provided for in section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 // 16 USC 1601 // and the
periodic appraisal of land and water resources provided for in section 5
of the Soil and Water Resources Conservation Act of 1977. // 16 USC 2004
//
(c) To provide information that will aid Congress in its oversight
responsibilities and to provide accountability in implementing this Act,
the Secretary shall prepare an annual report, which shall be furnished
to Congress at the time of submission of each annual fiscal budget,
beginning with the annual fiscal budget for the fiscal year ending
September 30, 1981. The annual report shall set forth accomplishments
of the Renewable Resources Extension Program, its strengths and
weaknesses, recommendations for improvement, and costs of program
administration, each with respect to the preceding fiscal year.
Sec. 6. There are hereby authorized to be appropriated to implement
this Act // 16 USC 1675 // $15,000,000 for the fiscal year ending
September 30, 1979, and $15,000,000 for each of the next nine fiscal
years. Generally, States shall be eligible for funds appropriated under
this Act according to the respective capabilities of their private
forests and rangelands for yielding renewable resources and relative
needs for such resources identified in the periodic Renewable Resource
Assessment provided for in section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 // 16 USC 1601 // and the
periodic appraisal of land and water resources provided for in section 5
of the Soil and Water Resources Conservation Act of 1977. // 16 USC 2004
//
Sec. 7. The Secretary is authorized to issue such rules and
regulations as the Secretary deems necessary to implement the provisions
of this Act and to coordinate this Act with title XIV of the Food and
Agriculture Act of 1977. // 7 USC 3101 //
Sec. 8. The provisions of this Act // 16 USC 1671 // shall be
effective for the period beginning October 1, 1978, and ending September
30, 1988.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1184 (Comm. on Agriculture).
SENATE REPORT No. 95 - 881 accompanying S. 3035 (Comm. on
Agriculture, Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 22, considered and passed House.
June 7, considered and passed Senate, amended, in lieu of S.
3035.
June 16, House concurred in Senate amendment.
WEEKLY COMPLILATION OF PRESEDENTIAL DOCUMENTS, Vol. 14, No. 27: July
1, Presidential statement.
PUBLIC LAW 95-305, 92 STAT. 348
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (e) of
section 6 of the John F. Kennedy Center Act (72 STAT. 1698), as amended,
is amended by adding at the end thereof the following: " There is
authorized to be appropriated to carry out this subsection not to exceed
$4,200,000 for the fiscal year ending September 30, 1979.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1113 accompaning H.R. 12098 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 95 - 831 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 23, considered and passed Senate.
June 21, considered and passed House, in lieu of H.R. 12098.
PUBLIC LAW 95-304, 92 STAT. 347
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the National
Advisory Committee on Oceans and Atmosphere Act of 1977 (33 U.S.C. 857 -
13 -- 857 - 18) is amended--,
(1) by striking out "except that" and all that follows
thereafter in section 3 (b) (1) and inserting in lieu thereof
"except that of the original appointees, 6 shall be appointed for
a term to expire on July 1, 1979, 6 shall be appointed for a term
to expire on July 1, 1980, and 6 shall be appointed for a term to
expire on July 1, 1981."; and
(2) by striking out "1978." in section 8 and inserting in lieu
thereof "1978, and $572,000 for the fiscal year ending September
30, 1979.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1013 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 95 - 862 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 17, considered and passed House.
June 5, considered and passed Senate, amended.
June 14, House concurred in Senate amendment.
PUBLIC LAW 95-303, 92 STAT. 346
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subpart B of part 1
of the Appendix to the Tariff Schedules of the United States (19 U.S.
C. 1202) is amended by inserting after item 907.80 the following new
item: " 907.90 Levulose (provided 10 percent ad No change On or
for in item 493.66, before
part 13 B,
schedule 4) val. 6/30/80
Sec. 2. The amendment made by the first section of this Act // 19 USC
1202 // shall apply with respect to articles entered, or withdrawn from
warehouse, for consumption on or after the date of the enactment of this
Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 434 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 796 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 123 (1977): July 18, considered and passed House.
Vol. 124 (1978); June 9, considered and passed Senate,
amended. June 14, House concurred in Senate amendment.
PUBLIC LAW 95-302, 92 STAT. 344
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Intervention on
the High Seas Act (88 Stat. 8, Public Law 93 - 248) is amended as
follows:
(1) Section 2 is amended to read as follows:
" Sec. 2. As used in this Act--,
"(1) 'a substance other than convention oil' means those oils,
noxious substances, liquefied gases, and radioactive substances--,
"(2) 'convention' means the International Convention Relating
to Intervention on the High Seas in Cases of Oil Pollution
Casualties, 1969, including annexes thereto;
"(3) 'convention oil' means crude oil, fuel oil, diesel oil,
and lubricating oil;
"(4) ' Secretary' means the Secretary of the department in
which the Coast Guard is operating;
"(5) 'ship' means--,
"(6) 'protocol' means the Protocol Relating to Intervention on
the High Seas in Cases of Marine Pollution by Substances Other
Than Oil, 1973, including annexes thereto; and
"(7) ' United States' means the States, the District of
Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam,
American Samoa, the United States Virgin Islands, the Trust
Territory of the Pacific Islands, the Commonwealth of the Northern
Marianas, and any other commonwealth, territory, or possession of
the United States.".
(2) Section 3 is amended by--,
(A) striking the word "oil" and inserting in lieu thereof the
phrase "convention oil or of the sea or atmosphere by a substance
other than convention oil"; and
(B) striking the word " Convention" and inserting in lieu
thereof the phrase "convention, the protocol".
(3) Section 4 is amended by--,
(A) inserting the words "human health," between the words
"limited to," and "fish" and designating the existing section as
subsection (b);
(B) adding a new subsection (a) as follows:
"(a) The Secretary, after consultation with the Administrator of the
Environmental Protection Agency and the Secretary of Commerce, shall
determine when a substance other than those enumerated in the protocol
is liable to create a hazard to human health, to harm living resources,
to damage amenities, or to interfere with other legitimate uses of the
sea.".
(4) Section 10 // 33 USC 1479. // is amended by adding a new
subsection (c) as follows:
"(c) With respect to intervention for a substance identified pursuant
to section 4 (a), the United States has the burden of establishing that,
under the circumstances present at the time of the intervention, the
substance could reasonably pose a grave and imminent danger analogous to
that posed by a substance enumerated in the protocol.".
(5) Section 13 // 33 USC 1482. // is amended--,
(A) in subsection (a) by striking the period at the end of the
subsection and inserting in lieu thereof the phrase "and article
II of the protocol and may propose amendments to the list of
substances other than convention oil in accordance with article
III of the protocol."; and
(B) in subsection (b) by striking the words "annexes thereto"
and inserting in lieu thereof the word "protocol".
(C) by adding a new subsection (c) as follows:
"(c) The President may accept amendments to the list of substances
other than convention oil in accordance with article III of the
protocol.".
(6) Section 15 // 33 USC 1484. // is amended by inserting the words
", the protocol," between the words "convention" and "and".
Sec. 2. This Act // 33 USC 1487 // shall be effective upon the date
of enactment, or upon the date the protocol becomes effective as to the
United States, whichever is later.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1238 accompanying H.R. 188 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No 95 - 785 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 11, considered and passed Senate.
June 5, considered and passed House amended, in lieu of H.R.
188.
June 13, Senate concurred in House amendment.
PUBLIC LAW 95-301, 92 STAT. 343
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sum is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1978, namely:
For necessary expenses to provide Federal administration and
supervision related to official inspection or weighing under the United
States Grain Standards Act, // 7 USC 71 // as amended, $6,488,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1223 (Comm. on Appropriations).
CONGRESSIONAL RECORD Vol. 124 (1978):
June 16, considered and passed House.
June 19, considered and passed Senate.
PUBLIC LAW 95-300, 92 STAT. 342
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 205 of the
Environmental Quality Improvement Act of 1970 (42 U.S.C. 4374) is
amended to read as follows:
Sec. 205. There are hereby authorized to be appropriated for the
operations of the Office of Environmental Quality and the Council on
Environmental Quality not to exceed the following sums for the following
fiscal years which sums are in addition to those contained in Public Law
92 - 190: // 83 Stat. 852 //
"(a) $2,126,000 for the fiscal year ending September 30, 1979;
and
"(b) $3,000,000 for the fiscal years ending September 30, 1980,
and September 30, 1981.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1027 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 95 - 876 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 10, considered and passed House.
May 25, considered and passed Senate, amended.
June 12, House concurred in Senate amendment.
PUBLIC LAW 95-299, 92 STAT. 341
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5 of the
Act entitled " An Act to provide for the establishment of the San
Francisco Bay National Wildlife Refuge", approved June 30, 1972 (16 U.
S.C. 668jj), is amended by striking out " June 30, 1977" and inserting
in lieu thereof " September 30, 1980".
Sec. 2. Section 4 of the Act entitled " An Act to establish the
Great Dismal Swamp National Wildlife Refuge" (Public Law 93 - 402, 88
Stat. 801) is amended to read as follows:
" Sec. 4. For purposes of carrying out this Act, // 16 USC 668dd //
there are authorized to be appropriated not to exceed--,
"(1) $1,000,000 for the fiscal year ending June 30, 1975;
"(2) $3,000,000 for the fiscal year ending June 30, 1976, and
the transition quarter beginning July 1, 1976, and ending
September 30, 1976;
"(4) $21,100,000 for the period beginning October 1, 1977, and
ending September 30, 1980, of which not to exceed $15,750,000
shall be available for land acquisition and not to exceed
$5,350,000 shall be available for purposes other than land
acquisition.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 317 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 95 - 185 accompanying S. 1237 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD:
Vol. 123 (1977): May 16, considered and passed House. May 24,
considered and passed Senate, amended, in lieu of S. 1237.
Vol. 124 (1978): may 31, House concurred in Senate amendment
with an amendment. June 8, Senate concurred to House amendment.
PUBLIC LAW 95-298, 92 STAT. 339, MARITIME APPROPRIATION AUTHORIZATION
ACT FOR FISCAL YEAR 1979.
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 " Maritime Appropriation Authorization Act for Fiscal Year
1979".
Sec.2. Funds are authorized to be appropriated without fiscal year
limitation as the appropriation Act may provide for the use of the
Department of Commerce, for the fiscal year 1979, as follows:
(1) For acquisition, construction, or reconstruction of vessels and
construction-differential subsidy and cost of national defense features
incident to the construction, reconstruction, or reconditioning of
ships, not to exceed $157,000,000: Provided, That no funds authorized
by this paragraph may be paid to subsidize the construction of any
vessel which will not be offered for enrollment in a Sealift Readiness
program approved by the Sectetary of Defense: Provided futher, That in
paying the funds authorized by this paragraph, the construction subsidy
rate otherwise applicable may be reduced by 5 percent unless the
Secretary of Commerce, in his discretion, determines that the vessel to
be constructed is part of an existing or future vessel series;
(2) For payment of obligations incurred for operating-differential
subsidy, not to exceed $262,800,000: Provided, That no funds authorized
by this paragraph may be paid for the operation of any vessel which is
not offered for participation in a Sealift Readiness program approved by
the Secretary of Defense;
(3) For expenses necessary for research and development activities,
not to exceed $17,500,000;
(4) For maritime education and training expenses, not to exceed,
$24,647,000, including not to exceed $15,523,000 for maritime training
at the Merchant Marine Academy at Kings Point, New York, of which 50,000
shall be for the replacement of barracks windows at the Academy,
$7,220,000 for financial assistance to State marine schools, and
$1,904,000 for supplementary training courses authorizes under section
216(c) of the Merchant Marine Act, 1936; // 46 USC 1126. // and
(5) For operating expenses, not to exceed $34,845,000, including not
to exceed $5,516,000 for reserve fleet expenses, and $29,239,000 for
other operating expenses.
Sec. 3. There are authorized to be appropriated for the fiscal year
1979, in addition to the amounts authorized by section 2 of this Act,
such additional supplemental amounts for the activities for which
appropriations are authorized under section 2 of this Act, as may be
necessary for increases in salary, pay, retirement, or other employee
benefits authorized by law, and for increased costs for public
utilities, food service, and other expenses of the Merchant Marine
Academy at Kings Point, New York.
Sec. 4. Section 3 of the Maritime Academy Act of 1958 (46 U.S.C.
1382) is amended by the addition of a subsection to read as follows:
"(d) The secretary may pay additional amounts to assist in paying for
the cost of fuel oil consumed during training cruises of the vessels
referred to in subsection (a).".
Sec. 5. Section 1103(f) of the Merchant Marine Act, 1936, as amended
(46 U.S.C. 1273 (f) is amended by striking "$7,000,000,000.", and
inserting in lieu therof "$10,000,000,000.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1155 accompanying H.R. 10729 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 95 - 741 (comm. on Commerce, Science, and
Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 24, considered and passed Senate.
May 22, 23, H.R. 10729 considered and passed House;
proceedings vacated and
S. 2553, amended, passed in lieu.
June 12, Senate concurred in House amendment.
PUBLIC LAW 95-297, 92 STAT. 322, PETROLEUM MARKETING PRACTICES ACT.
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 " Petroleum Marketing Practices Act". // 15 USC 2801 //
Sec. 101. Definitions. Sec. 102. Franchise relationship; termination
and nonrenewal. Sec. 103. Trial franchises and interim franchises;
nonrenewal. Sec. 104. Notification of termination or nonrenewal. Sec.
105. Enforcement. Sec. 106. Relationship of this title to State law.
Sec. 201. Definitions. Sec. 202. Octane testing and disclosure
requirements. Sec. 203. Administration and enforcement. Sec. 204.
Relationship of this title to State law. Sec. 205. Effective dates.
Sec. 301. Study of subsidization of motor fuel marketing.
Sec. 101. As used in this title: // 15 USC 2801. //
(1) (A) The term "franchise" means any contract--,
(i) between a refiner and a distributor,
(ii) between a refiner and a retailer,
(iii) between a distributor and another distributor, or
(iv) between a distributor and a retailer,
under which a refiner or distributor (as the case may be) authorizes or
permits a retailer or distributor to use, in connection with the sale,
consignment, or distribution of motor fuel, a trademark which is owned
or controlled by such refiner or by a refiner which supplies motor fuel
to the distributor which authorizes or permits such use.
(B) The term "franchise" includes--,
(i) any contract under which a retailer or distributor (as the
case may be) is authorized or permitted to occupy leased marketing
premises, which premises are to be employed in connection with the
sale, consignment, or distribution of motor fuel under a trademark
which is owned or controlled by such refiner or by a refiner which
supplies motor fuel to the distributor which authorizes or permits
such occupancy;
(ii) any contract pertaining to the supply of motor fuel which
is to be sold, consigned or distributed--,
(iii) the unexpired portion of any franchise, as defined by the
preceding provisions of this paragraph, which is transferred or
assigned as authorized by the provisions of such franchise or by
any applicable provision of State law which permits such transfer
or assignment without regard to any provision of the franchise.
(2) The term "franchise relationship" means the respective motor fuel
marketing or distribution obligations and responsibilities of a
franchisor and a franchisee which result from the marketing of motor
fuel under a franchise.
(3) The term "franchisor" means a refiner or distributor (as the case
may be) who authorizes or permits, under a franchise, a retailer or
distributor to use a trademark in connection with the sale, consignment,
or distribution of motor fuel.
(4) The term "franchisee" means a retailer or distributor (as the
case may be) who is authorized or permitted, under a franchise, to use a
trademark in connection with the sale, consignment, or distribution of
motor fuel.
(5) The term "refiner " means any person engaged in the refining of
crude oil to produce motor fuel, and includes any affiliate of such
person.
(6) The term "distributor" means any person, including any affiliate
of such person, who--,
(A) purchases motor fuel for sale, consignment, or distribution
to another; or
(B) receives motor fuel on consignment for consignment or
distribution to his own motor fuel accounts or to accounts of his
supplier, but shall not include a person who is an employee of, or
merely serves as a common carrier providing transportation service
for, such supplier.
(7) The term "retailer" means any person who purchases motor fuel for
sale to the general public for ultimate consumption.
(8) The term "marketing premises" means, in the case of any
franchise, premises which, under such franchise, are to be employed by
the franchisee in connection with the sale, consignment, or distribution
of motor fuel.
(9) The term "leased marketing premises" means marketing premises
owned, leased, or in any way controlled by a franchisor and which the
franchisee is authorized or permitted, under the franchise, to employ in
connection with the sale, consignment, or distribution of motor fuel.
(10) The term "contract" means any oral or written agreement. For
supply purposes, delivery levels during the same month of the previous
year shall be prima facie evidence of an agreement to deliver such
levels.
(11) The term "trademark" means any trademark, trade name, service
mark, or other identifying symbol or name.
(12) The term "motor fuel" means gasoline and diesel fuel of a type
distributed for use as a fuel in self-propelled vehicles designed
primarily for use on public streets, roads, and highways.
(13) The term "failure" does not include--,
(A) any failure which is only technical or unimportant to the
franchise relationship; or
(B) any failure for a cause beyond the reasonable control of
the franchisee.
(14) The terms "fail to renew" and "nonrenewal" mean, with respect to
any franchise relationship, a failure to reinstate, continue, or extend
the franchise relationship--,
(A) at the conclusion of the term, or on the expiration date,
stated in the relevant franchise;
(B) at any time, in the case of the relevant franchise which
does not state a term of duration or an expiration date; or
(C) following a termination (on or after the date of enactment
of this Act) of the relevant franchise which was entered into
prior to such date of enactment and has not been renewed after
such date.
(15) The term "affiliate" means any person who (other than by means
of a franchise) controls, is controlled by, or is under common control
with, any other person.
(16) The term "relevant geographic market area" includes a State or a
standard metropolitan statistical area as periodically established by
the Office of Management and Budget.
(17) The term "termination" includes cancellation.
(18) The term "commerce" means any trade, traffic, transportation,
exchange, or other commerce--,
(A) between any State and any place outside of such State; or
(B) which affects any trade, transportation, exchange, or other
commerce described in subparagraph (A).
(19) The term " State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, America Samoa, Guam, and any other commonwealth, territory, or
possession of the United States.
Sec. 102. (a) Except as provided in subsection (b) and section 103,
// 15 USC 2802. // no franchisor engaged in the sale, consignment, or
distribution of motor fuel in commerce may--,
(1) terminate any franchise (entered into or renewed on or
after the date of enactment of this Act) prior to the conclusion
of the term, or the expiration date, stated in the franchise; or
(2) fail to renew any franchise relationship (without regard to
the date on which the relevant franchise was entered into or
renewed).
(b) (1) Any franchisor may terminate any franchise (entered into or
renewed on or after the date of enactment of this Act) or amy fail to
renew any franchise relationship, if--,
(Ae the notification requirements of section 104 are met; and
(B) such termination is based upon a ground described in
paragraph (2) or such nonrenewal is based upon a ground described
in paragraph (2) or (3).
(2) For purposes of this subsection, the following are grounds for
termination of a franchise or nonrenewal of a franchise relationship:
(A) A failure by the franchisee to comply with any provision of
the franchise, which provision is both reasonable and of material
significance to the franchise relationship, if the franchisor
first acquired actual or constructive knowledge of such failure--,
(i) not more than 120 days prior to the date on which
notification of termination or nonrenewal is given, if
notification is given pursuant to section 104(a); or
(ii) not more than 60 days prior to the date on which
notification of termination or nonrenewal is given, if less than
90 days notification is given pursuant to section 104(b)(1).
(B) A failure by the franchisee to exert good faith efforts to carry
out the provisions of the franchise, if--,
(i) the franchisee was apprised by the franchisor in writing of
such failure and was afforded a reasonable opportunity to exert
good faith efforts to carry out such provisions; and
(ii) such failure thereafter continued within the period which
began not more than 180 days before the date notification of
termination or nonrenewal was given pursuant to section 104.
(C) The occurrence of an event which is relevant to the franchise
relationship and as a result of which termination of the franchise or
nonrenewal of the franchise relationship is reasonable, if such event
occurs during the period the franchise is in effect and the franchisor
first acquired actual or constructive knowledge of such occurrence--,
(i) not more than 120 days prior to the date on which
notification of termination or nonrenewal is given, if
notification is given pursuant to section 104(a); or
(ii) not more than 60 days prior to the date on which
notification of termination or nonrenewal is given, if less than
90 days notification is given pursuant to section 104(b)(1).
(D) An agreement, in writing, between the franchisor and the
franchisee to terminate the franchise or not to renew the franchise
relationship, if--,
(i) such agreement is entered into not more than 180 days prior
to the date of such termination or, in the case of nonrenewal, not
more than 180 days prior to the conclusion of the term, or the
expiration date, stated in the franchise;
(ii) the franchisee is promptly provided with a copy of such
agreement, together with the summary statement described in
section 104(d); and
(iii) within 7 days after the date on which the franchisee is
provided a copy of such agreement, the franchisee has not posted
by certified mail a written notice to the franchisor repudiating
such agreement.
(E) In the case of any franchise entered into prior to the date of
the enactment of this Act and in the case of any franchise entered into
or renewed on or after such date (the term of which is 3 years or
longer, or with respect to which the franchisee was offered a term of 3
years or longer), a determination made by the franchisor in good faith
and in the normal course of business to withdraw from the marketing of
motor fuel through retail outlets in the relevant geographic market area
in which the marketing premises are located, if--,
(i) such determination--,
(ii) the termination or nonrenewal is not for the purposes of
converting the premises, which are the subject of the franchise,
to operation by employees or agents of the franchisor for such
franchisor's own account; and
(iii) in the case of leased marketing premises--,
(3) For purposes of this subsection, the following are grounds for
nonrenewal of a franchise relationship:
(A) The failure of the franchisor and the franchisee to agree
to changes or additions to the provisions of the franchise, if--,
(B) The receipt of numerous bona fide customer complaints by
the franchisor concerning the franchisee's operation of the
marketing premises, if--,
(C) A failure by the franchisee to operate the marketing
premises in a clean, safe, and healthful manner, if the franchisee
failed to do so on two or more previous occasions and the
franchisor notified the franchisee of such failures.
(D) In the case of any franchise entered into prior to the date
of the enactment of this Act (the unexpired term of which, on such
date of enactment, is 3 years or longer) and, in the case of any
franchise entered into or renewed on or after such date (the term
of which was 3 years or longer, or with respect to which the
franchisee was offered a term of 3 years or longer), a
determination made by the franchisor in good faith and in the
normal course of business, if--,
(c) As used in subsection (b) (2) (C), the term "an event which is
relevant to the franchise relationship and as a result of which
termination of the franchise or nonrenewal of the franchise relationship
is reasonable" includes events such as--,
(1) fraud or criminal misconduct by the franchisee relevant to
the operation of the marketing premises;
(2) declaration of bankruptcy or judicial determination of
insolvency of the franchisee;
(3) continuing severe physical or mental disability of the
franchisee of at least 3 months duration which renders the
franchisee unable to provide for the continued proper operation of
the marketing premises;
(4) loss of the franchisor's right to grant possession of the
leased marketing premises through expiration of an underlying
lease, if the franchisee was notified in writing, prior to the
commencement of the term of the then existing franchise--,
(5) condemnation or other taking, in whole or part, of the
marketing premises pursuant to the power of eminent domain;
(6) loss of the franchisor's right to grant the right to use
the trademark which is the subject of the franchise, unless such
loss was due to trademark abuse, violation of Federal or State
law, or other fault or negligence of the franchisor, which such
abuse, violation, or other fault or negligence is related to
action taken in bad faith by the franchisor;
(7) destruction (other than by the franchisor) of all or a
substantial part of the marketing premises;
(8) failure by the franchisee to pay to the franchisor in a
timely manner when due all sums to which the franchisor is legally
entitled;
(9) failure by the franchisee to operate the marketing premises
for--,
(10) willful adulteration, mislabeling or misbranding of motor
fuels or other trademark violations by the franchisee;
(11) knowing failure of the franchisee to comply with Federal,
State, or local laws or regulations relevant to the operation of
the marketing premises; and
(12) conviction of the franchisee of any felony involving moral
turpitude.
(d) In the case of any termination of a franchise (entered into or
renewed on or after the date of enactment of this Act), or in the case
of any nonrenewal of a franchise relationship (without regard to the
date on which such franchise relationship was entered into or
renewed)--,
(1) if such termination or nonrenewal is based upon an event
described in subsection (c)(5), the franchisor shall fairly
apportion between the franchisor and the franchisee compensation,
if any, received by the franchisor based upon any loss of business
opportunity or good will; and
(2) if such termination or nonrenewal is based upon an event
described in subsection (c)(7) and the leased marketing premises
are subsequently rebuilt or replaced by the franchisor and
operated under a franchise, the franchisor shall, within a
reasonable period of time, grant to the franchisee a right of
first refusal of the franchise under which such premises are to be
operated.
Sec. 103. (a) The provisions of section 102 // 15 USC 2803. //
shall not apply to the nonrenewal of any franchise relationship--,
(1) under a trial franchise; or
(2) under an interim franchise.
(b) For purposes of this section--,
(1) The term "trial franchise" means any franchise--,
(2) The term "trial franchise" does not include any unexpired
period of any term of any franchise (other than a trial franchise,
as defined by paragraph (1)) which was transferred or assigned by
a franchisee to the extent authorized by the provisions of the
franchise or any applicable provision of State law which permits
such transfer or assignment, without regard to any provision of
the franchise.
(3) The term "interim franchise" means any franchise--,
(c) If the notification requirements of section 104 are met, any
franchisor may fail to renew any franchise relationship--,
(1) under any trial franchise, at the conclusion of the initial
term of such trial franchise; and
(2) under any interim franchise, at the conclusion of the term
of such interim franchise, if--,
Sec. 104. (a) Prior to termination of any franchise or nonrenewal of
any franchise relationship, the franchisor shall furnish notification of
such termination or such nonrenewal to the franchisee who is a party to
such franchise or such franchise relationship--,
(1) in the manner described in subsection (c); and
(2) except as provided in subsection (b), not less than 90 days
prior to the date on which such termination or nonrenewal takes
effect.
(b)(1) In circumstances in which it would not be reasonable for the
franchisor to furnish notification, not less than 90 days prior to the
date on which termination or nonrenewal takes effect, as required by
subsection (a)(2)--,
(A) such franchisor shall furnish notification to the
franchisee affected thereby on the earliest date on which
furnishing of such notification is reasonably practicable; and
(B) in the case of leased marketing premises, such
franchisor--,
(2) In the case of any termination of any franchise or any nonrenewal
of any franchise relationship pursuant to the provisions of section
102(b)(2)(E) or section 103(c)(2), the franchisor shall--,
(A) furnish notification to the franchisee not less than 180
days prior to the date on which such termination or nonrenewal
takes effect; and
(B) promptly provide a copy of such notification, together with
a plan describing the schedule and conditions under which the
franchisor will withdraw from the marketing of motor fuel through
retail outlets in the relevant geographic area, to the Governor of
each State which contains a portion of such area.
(c) Notification under this section--,
(1) shall be in writing;
(2) shall be posted by certified mail or personally delivered
to the franchisee; and
(3) shall contain--,
(d)(1) Not later than 30 days after the date of enactment of this
Act, the Secretary of Energy shall prepare and publish in the Federal
Register a simple and concise summary of the provisions of this title,
including a statement of the respective responsibilities of, and the
remedies and relief available to, any franchisor and franchisee under
this title.
(2) In the case of summaries required to be furnished under the
provisions of section 102(b)(2)(D) or subsection (c)(3)(C) of this
section before the date of publication of such summary in the Federal
Register, such summary may be furnished not later than 5 days after it
is so published rather than at the time required under such provisions.
Sec. 105. (a) If a franchisor fails to comply with the requirements
of section 102 or 103, the franchisee may maintain a civil action
against such franchisor. Such action may be brought, without regard to
the amount in controversy, in the district court of the United States in
any judicial district in which the principal place of business of such
franchisor is located or in which such franchisee is doing business,
except that no such action may be maintained unless commenced within 1
year after the later of--,
(1) the date of termination of the franchise or nonrenewal of
the franchise relationship; or
(2) the date the franchisor fails to comply with the
requirements of section 102 or 103.
(b)(1) In any action under subsection (a), the court shall grant such
equitable relief as the court determines is necessary to remedy the
effects of any failure to comply with the requirements of section 102 or
103, including declaratory judgment, mandatory or prohibitive injunctive
relief, and interim equitable relief.
(2) Except as provided in paragraph (3), in any action under
subsection (a), the court shall grant a preliminary injunction if--,
(A) the franchisee shows--,
(B) the court determines that, on balance, the hardships
imposed upon the franchisor by the issuance of such preliminary
injunctive relief will be less than the hardship which would be
imposed upon such franchisee if such preliminary injunctive relief
were not granted.
(3) Nothing in this subsection prevents any court from requiring the
franchisee in any action under subsection (a) to post a bond, in an
amount established by the court, prior to the issuance or continuation
of any equitable relief.
(4) In any action under subsection (a), the court need not exercise
its equity powers to compel continuation or renewal of the franchise
relationship if such action was commenced--,
(A) more than 90 days after the date on which notification
pursuant to section 104(a) was posted or personally delivered to
the franchisee;
(B) more than 180 days after the date on which notification
pursuant to section 104(b)(2) was posted or personally delivered
to the franchisee; or
(C) more than 30 days after the date on which the termination
of such franchise or the nonrenewal of such franchise relationship
takes effect if less than 90 days notification was provided
pursuant to section 104(b)(1).
(c) In any action under subsection (a), the franchisee shall have the
burden of proving the termination of the franchise or the nonrenewal of
the franchise relationship. The franchisor shall bear the burden of
going forward with evidence to establish as an affirmative defense that
such termination or nonrenewal was permitted under section 102(b) or
103, and, if applicable, that such franchisor complied with the
requirements of section 102(d).
(d)(1) If the franchisee prevails in any action under subsection (a),
such franchisee shall be entitled--,
(A) consistent with the Federal Rules of Civil Procedure, to
actual damages;
(B) in the case of any such action which is based upon conduct
of the franchisor which was in willful disregard of the
requirements of section 102 or 103, or the rights of the
franchisee thereunder, to exemplary damages, where appropriate;
and
(C) to reasonable attorney and expert witness fees to be paid
by the franchisor, unless the court determines that only nominal
damages are to be awarded to such franchisee, in which case the
court, in its discretion, need not direct that such fees be paid
by the franchisor.
(2) The question of whether to award exemplary damages and the amount
of any such award shall be determined by the court and not by a jury.
(3) In any action under subsection (a), the court may, in its
discretion, direct that reasonable attorney and expert witness fees be
paid by the franchisee if the court finds that such action is frivolous.
(e)(1) In any action under subsection (a) with respect to a failure
of a franchisor to renew a franchise relationship in compliance with the
requirements of section 102, the court may not compel a continuation or
renewal of the franchise relationship if the franchisor demonstrates to
the satisfaction of the court that--,
(A) the basis for such nonrenewal is a determination made by
the franchisor in good faith and in the normal course of
business--,
(B) the requirements of section 104 have been complied with.
(2) The provisions of paragraph (1) shall not affect any right of any
franchisee to recover acrual damages and reasonable attorney and expert
witness fees under subsection (d) if sunc nonrenewal is prohibited by
section 102.
Sec. 106 (a) To the extent that any provision of this title applies
to the termination (or the furnishing of notification with respect
thereto) of any franchise, or to the nonrenewal (or the furnishing of
notification with respect thereto) of any franchise relationship, no
State or any political subdivision thereof may adopt, enforce, or
continue in effect any provision of any law or regulation (including any
remedy or penalry applicable to any violation thereof) with respect to
termination (or the furnishing of notification with respect thereto ) of
any such franchise or to the nonrenewal (or the furnishing of
notification with respect thereto) of any such franchise relationship
unless such provision of such law or regulation is the same as the
applicable proveision of this title.
(b) Nothing in this title authorizes any transfer or assignment of
any franchise or prohibits any transfer or assignment or any franchise
as authorized by the provisions of such franchise or by any applicable
provision of State law which permits sech transfer or assignment without
regard to any provision of the franchise.
Sec. 201. As used in this title: // 15 USC 2821. //
(1) The term "octane rating" means the rating of the antiknock
characteristics of a grade or type of automotive gasoline as
determined by dividing by 2 the sum of the research octane number
plus the motor octane number, unless another procedure is
prescribed under section 203(c)(3), in which case such term means
the rating of such characteristics as determined under the
procedure so prescribed.
(2) The terms "research octane number" and "motor octane
number" have the meanings given such terms in the specifications
of the American Society for Testing and Materials (ASTM) entitled
" Standard Specifications for Automotive Gasoline" designated D
439 ( as in effect on the date of the enactment of this Act) and,
with respect to any grade or type of automotive gasoline, are
determined in accordance with test methods set forth in ASTM
standard test methods designated D 2699 and D 2700 (as in effect
on such date).
(3) The term "knock" means the combustion of a fuel
spontaneously in localized areas of a cylinder of a spark-ignition
engine, instead of the combustion of such fuel progressing from
the spark.
(4) The term "gasoline retailer" means any person who markets
automotive gasoline to the general public for ultimate
consumption.
(5) The term "refiner" means any person engaged in--.
(6) The term "automotivegasoline" means gasoline of a type
distributed for use as a fuel in any motor vehicle.
(7) The term "motor vehicle" means any self-propelled
fourwheeled vehicle, of less than 6,000 pounds gross vehicle
weight, which is designed primarily for use on public streets,
roads, and highways.
(8) The term "new motor vehicle" means any motor vehicle the
equitable or legal title to which has not previously been
transferred to an ultimate purchaser.
(9) The term "ultimate purchaser" means, with respect to any
item, the first person who purchases such item for purposes other
than resale.
(10) The term "manufacturer" means any person who imports,
manufactures, or assembles motor vehicles for sale.
(11) The term "octane requirment" means, with respect to
automotive gasoline for use in a motor vehicle or a class thereof,
imported, manufactured, or assembled by a manufacturer, the
minimum octane rating of such automotive gasoline which such
manufacturer recommends for the efficient operation of such motor
vehicle, or a substantial portion of such class, without knocking.
(12) The term "model year" means a manufacturer's annual
production period (as determined by the Federal Trade Commission)
for motor vehicle or a class of vehicle. If a manufacturer has no
annual production period, rhe term "model year" means the calendar
year.
(13) The term "commerce" means any trade, traffic,
transportation, exchange, or other commerce--,
(14) The term " State" means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and any other commonwealth,
territory, or possession of the United States.
(15) the term "person", for purposes of applying any provision
of the Federal Trade Commission Act with respect to any provision
of this title, includes a partnership and a corporation
(16) The term "distributor" means any person who receives
gasoline and ditributes such gasoline to another person other than
the ultimate purchaser.
Sec. 202. (a) Each refiner who destributes automotive gasoline in
commerce shall--,
(1) determine the octane rating of any such gasoline; and
(2) if such refiner distributes such gasoline to any person
other than the ultimate purchaser, certify, consistent with the
determination made under paragraph (1), the octane rating of such
gasoline.
(b) Each distributor who receives automotive gasoline, the octane
rating of which is certified to him under this section, and destributes
such gasoline in commerce to another person other thant the ultimate
purchaser shall certify to such other person the octane rating of such
gasoline consistent with--,
(1) the octane rating of such gasoline certified to such
destributor; or
(2) if such distributor elects (at such time and in such manner
as the Federal Trade Commission may, by rule, prescribe), the
octane rating of such gasoline determined by such distributor.
(c) Each gasoline retailer shall display in a clear and conspicuous
manner, at the point of sale to ultimate purchasers of automotive
gasoline, the octane rating of such gasoline, which octane rating shall
be consistent with--,
(1) the octane rationg of such gasoline certfied to such
retailer under subsection (a)(2) or (b);
(2) is such gasoline retailer elects (at such time and in such
manner as the Federal Trade Commission may, by rule, prescribe),
the octane rating of gasoline determined by such retailer for such
gasoline; or
(3) is such gasoline retailer is a refiner, the octane rating
of such gasoline determined under subsection (a)(1).
(d) The Federal Trade Commission shall, by rule, prescribe
requirements, applicable to any manufacturer of new moter vehicles, with
respect to the display on each such motor vehicle (or representation in
connection with the sale of such motor vehicle) of the octane
requirement of such motor vehicle.
(e) No person who distributes automotive gasoline in commerce may
make any representation respecting the antiknock characteristics of such
gasoline unless such representation fairly discloses the octane rating
of such gasoline consistent with such gasoline's octane rating as
certified to or determined by such person under the foregoing provisions
of this section.
(f) For purposes of this section, the octane rating of any automotive
gasoline shall by considered to be certified, displayed, or represented
by any person consistent with the rating certified to, or determine by,
such person--,
(1) in the case of automotive gasoline which consists of a
blend of two or more quantities of automotive gasoline of
deffering octane ratings, only if the rating certified, displayed,
or represented by such person is the average of the octane ratings
of such quantities, weighted by volume; or
(2) in the case of gasoline which does not consist of such a
blend, only if the octane tating such person certifies, displays,
or represents is the same as the octane rating of such gasoline
certified to, or determined by, such person.
(g) The foregoing provisions of this section shall not apply--,
(1) to any representation (by display at the point of sale or
by other means) of any characteristecs of any automotive gasoline
other than its octane rating; or
(2) to the identification of automotive gasoline at the point
of sale (or elsewhere) by the trademark, trade name, or other
identifying symbol or mark used in connection with the sale of
such gasoline.
(h) Any display or representation, with respect to the octane
requirement of any motor vehicle, required to be made under any rule
prescribed under subsection (d) shall not create an express or implied
warranty under State or Federal law that any automotive gasoline the
octane tation of which equals or exceeds such octane requirements--,
(1) may be used as a fuel in all motor vehicles of the same
class as that motor vheicle without knocking; or
(2) may be used as a fuel in such motor vehicle under all
operating conditions without knocking.
Sec. 203. (a) The Federal Trade Commission shall have procedural,
investigative, and enforcement powers, including the power to issue
procedural rules in enforcing compliance with the requirements of this
title and rules proscribed pursuant to the requirements, of this title,
to futher define terms used in this title, and to require the filing of
reports, the production of documents, and the appearance of witnesses,
as though the appicable terms and condtions of the Federal Trade
Commission Act // 15 USC 58. // were part of this title.
(b)(1) The Environmental Protection Agency shall--,
(A) conduct field testing of the octane rating of automotive
gasoline, comparing the tested octane ration of gasoline at retail
outlets with the octane rating posted at those outlests;
(B) certify the results of such tests and comparisons to the
Federal Trade Commission; and
(C) notify the Ferderal Trade Commission of any failure to post
the octane rating discovered in the course of such field testing.
(2) The Federal Trade Commission may enter into interagency
agreements with the Environmental Protection Agency and such other
agencies of the United States as the Commission determines appropriate
for the purpose of assuring enforcement of the provisions of this title
in a manner which is consistent with--,
(A) minimizing the cost of field inspection and related
compliance activities; and
(B) reducing duplication of similar or related field compliance
activities performed by agencies of the United States.
(c)(1) Not later than 6 months after the date of the enactment of
this Act, the Federal Trade Commission shall, by rule, prescribe and
make effective--,
(A) a uniform method by which a person may certify to another
the octane rating of automotive gasoline; and
(B) a uniform method of displaying the octane rating of
automotive gasoline at the point of sale to ultimate purchasers.
(2) Effective on and after the effective date of the rule prescribed
under paragraph (1), any person--,
(A) shall be considered to satisfy the requirenents of
subsection (a) or (b) of section 202, as the case may be, only if
such person complies with the requirements established pursuant to
paragraph (1)(a); and
(B) shall be considered to satisfy the requirements of section
202(c) only if such person complies with the requirements
established pursuant to paragraph (1)(b).
(3) The Federal Trade Commission may, by rule, prescribe procedures
for determination of the octane rating of automotive gasoline which
varies from that prescribed in section 201 (1). In perscribing such
rule, the Commission--,
(A) shall consider--,
(B) may permit adjustments in such octane rating to take into
account the effects of altitude, temperature, and humidity.
(4) The Federal Trade Commission may, by rule, prescribe and make
effective a method of determining the octane ration of automotive
gasoline which consists of a blend of two or more qunatities of
automotive gasoline of different octane ratings if the Federal Trade
Commission finds that the method prescribed more accurately reflects the
octane rating of such blend than the weighted-average method set forth
in section 202(f)(1). Effective on and after the effective date of such
rule, any person shall be consedered to satisfy the requirements of
section 202(f)(1) only if such person utilizes the method prescribed in
such rule (in lieu of the method set forth in section 202(f)(1).
(d)(1) Expert as provided in paragraph (2), rules under this title
shall by prescribed in accordance with section 553 of title 5, United
States Code, except that interested persons shall be afforded an
opportunity to present written and oral data, views, and and arguments
with respects to any proposed rule.
(2) Rules prescribed under subsection (c)(3) and section 202(d) shall
be prescribed on the record after opportunity for an agency hearing.
(3) Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
shall not apply with respect to any rule prescribed under this title.
(e) It shall be an unfair or deceptive act or practice in or
affecting commerce (within the meaning of section 5(a)(1) of the Federal
Trade Commission Act) // 15 USC 45. // for any person to violate
subsection (a), (b), (c), or (e) of section 202, or a rule prescribed
under subsection (d) of such section. For purposes of the Federal Trade
Commission Act // 15 USC 58. // (including any remedy or penalty
applicble to any violation thereof) such a violation shall be treated as
a violation of a rule under such Act respecting unfair or deceptive acts
or practices; except that for purposes of section 5(m)( 1)(A) of such
Act, // 15 USC 45. // the term "or knowledge fairly implied on the
vasis of objective circumstances" shall not apply to any violation by
any gasoline retailer of the requirements of section 202( c) or (e).
Sec. 204. To the extent that anyb provision of this title applies to
any act or omission, no State or any political subdivision thereof may
adopt, enforce, or continue in effect any provision of any law or
regulation (including any remedy or penalty applicable to any violation
thereof) with respect to such act or omission, unless such provision of
this such law or regulation is the same as the applicable provision of
this title.
Sec. 205. (a) Sections 202(a)(1) and 203(b) // 15 USC 2825. //
shall take effect on the first day of the first calendar month beginning
more than 6 months after the date of the enactment of this Act.
(b) Subsections (a)(2), (b), (c), and (e) of section 202 shall take
effect on the first day of the first calendar month beginning more than
9 months after such date of enactment.
(c) Rules under section 202(d) may not take effect earlier than the
beginning of the first motor vehicle model year which begins more than 9
months after such date of enactment.
Sec. 301. (a) The Secretary of Energy, in consultation with the
Chairman of the Federal Trade Commission and the Attorney General and
other agencies as the Secretary deems appropriate, shall conduct a study
of the extent to which producers, refiners, and other suppliers of motor
fuel subsidize the sale of such motor fuel at retail or wholesale with
profits obtained from other operations.
(b) Such study shall examine--
(1) the role of vertically integrated operations in
facilitating subsidization of sales of motor fuel at wholesale or
retail;
(2) the extent to which such subsidization is predatory and
presents a threat to competition;
(3) the profitability of various segments of the petroleum
industry;
(4) the impact of prohibiting such subsidization on the
competitive viavility of various segments of the petroleum
industry, on prices of motor fuel to consumers and on the health
and structure of the petroleum industry as a whole; ane
(5) such other matters as the Secretary considers appropriate.
(c) In conducting the study required by this section, the Secretary
shall give appropriate notice and afford interested persons an
opportunity to present written and oral data, views and arguments
concerning such study.
(d)(1) The Secretary shall report the results of the study required
by this section, together with such recommendations for legislative
action and such statistical evidence as he deems appropriate to the
Congress on or before the expiration on the eighteenth month after the
date of enactment of this section.
(2) If the President determines that interim measures are necessary
and appropriate to maintain the competitive viability of the marketing
sector of the petroleum industry during Congressional consideration of
the recommendations contained in the report submitted under paragraph
(1), he shall prescribe, by rule, in accordance with the procedures set
forth in section 523(a) of the Energy Policy and Conservation Act (42
U.S.C. 6393) such interim measures.
(3) No interim measure proposed by the President under this section
may be submitted after January 1, 1980, and the effect of such measure
if approved by the Congress under paragraph (4) may not extend beyond 18
months after such Congressional approval.
(4) Such interim measure shall not take effect unless approved by
both House of Congress as if it were a contingency plan under section
522 of the Energy Policy and Conservation Act (42 U.S.C. 6422):
Provided, That the 60-day period referred to in such section shall be
extended to 90 days for purposes of this section.
(e) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this section.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 161 (Comm. on Insterstate and Foreign
Commerce).
SENATE REPORTS: No. 95 - 731, and No. 95 - 732 accompanying S. 743
(Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123(1977): Apr. 5, considered and passed House.
Vol. 124(1978): May 5, 9, considered and passed Senate,
amended, in lieu of S. 743. June 6, agreed to Senate amendments.
PUBLIC LAW 95-296, 92 STAT. 321
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, the Federal
Aviation Administration Aeronautical Center, Oklahoma City, Oklahoma,
shall hereafter be known and designated as the " Mike Monroney
Aeronautical Center". Any reference in a law, map, regulation,
document, record, or other paper of the United States to such center
shall be held to be a reference to the Mike Monroney Aeronautical
Center.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1209 accompanying H.R. 7674 (Comm. on Public
Works and Transportation).
CONGRESSIONAL RECORD:
Vol. 123 (1977): June 8, considered and passed Senate.
Vol. 124 (1978): June 5, considered and passed House, in lieu
of H.R. 7674.
PUBLIC LAW 95-295, 92 STAT. 319
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Central,
Western, and South Pacific Fisheries Development Act (16 U.S.C. 758e--
758e--5) is amended as follows:
(1) Section 2 of such Act (16 U.S.C. 758e) is amended by inserting
"with the Pacific Tuna Development Foundation or other agency or
organization," immediately after "contract,".
(2) Section 3 of such Act (16 U.S.C. 758 - 1) // 16 USC 758e--1. //
is amended by (A) inserting "the Secretary of State," immediately after
" Interior,"; (B) inserting "the Commonwealth of the Northern Mariana
Islands," immediately after the " Trust Territories of the Pacific
Islands,"; (C) striking out "and" immediately after "institutions,";
and (D) inserting ", and all appropriate member nations of a South
Pacific regional fishery agency (hereinafter referred to in this Act as
the 'agency'), if such an agency is formed" immediately after
"industry".
(3) Such Act is further amended by inserting immediately after
section 3 thereof the following:
" Sec. 4. In addition to the authority granted in section 2, the
Secretary, in consultation with representatives of all interested member
nations of the agency, and those parties set forth in section 3, may
establish in accordance with section 2, a cooperative program for the
development of tuna and other latent fisheries resources of the Central,
Western, and South Pacific Ocean to be submitted to the President and
the Congress within one year following official formation of the agency.
The Secretary shall make available to all interested member nations of
the agency the results and findings of research or development projects
carried out under this Act."
(4) Sectoins 4, 5, 6, and 7 of such Act // 16 USC 758e-2 -- 758e-5.
// are redesignated sections 5, 6, 7, and 8, respectively.
Sec. 2. Section 8 of the Central, Western, and South Pacific
Fisheries Development Act (16 U.S.C. 768e-5), as redesignated, is
amended by--,
(1) placing the amendment made to such section by the Act of
July 6, 1976 (relating to authorizations of appropriations for
such Fisheries Development Act) immediately after " June 30, 1976,
the sum of $3,000,000"; and
(2) striking out "$3,000,000", the second place it then appears
in such section, and inserting in lieu thereof "$4,000,000, and
for each of the fiscal years 1980, 1981, and 1982, the sum of
$5,000,000,".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1079 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 95 - 818 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 1, considered and passed House.
May 18, considered and passed Senate, amended.
May 31, House concurred in Senate amendments.
PUBLIC LAW 95-294, 92 STAT. 318
Whereas since the establishment of the first university press at Johns
Hopkins University in 1878, American university presses have advanced
and diffused the spectrum of human knowledge, issuing on-sixth of all
American books in print today; Whereas American university presses
maintain a long tradition of
notable achievement as demonstrated by the large share of prizes for
literary merit and graphic excellence awarded university presses; and
Whereas American university presses continue to have a profound
impact on culture, scholarship, and higher education, both regionally
and internationally: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating June 11,
1978, as " American University Press Day", and calling upon the people
of the United States and interested groups and organizations to observe
such day with appropriate ceremonies and activities.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 8, considered and passed Senate.
June 9, considered and passed House.
PUBLIC LAW 95-293, 92 STAT. 317
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That (a) section 576 of
title 5, United States Code, is amended to read as follows:
" Section 576. Appropriations
" To carry out the purposes of this subchapter, there are authorized
to be appropriated sums not to exceed $1,700,000 for the fiscal year
ending September 30, 1979, $2,000,000 for the fiscal year ending
September 30, 1980, $2,300,000 for the fiscal year ending September 30,
1981, and $2,300,000 for the fiscal year ending September 30, 1982.".
(b) The amendment made by subsection (a) // 5 USC 576 // shall take
effect October 1, 1977.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 743 (Comm. on the Judiciary).
SENATE REPORT No. 95 - 583 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Nov. 4, considered and passed Senate.
Vol. 124 (1978): Jan. 24, considered and passed House,
amended, in lieu of H.R. 7662. May 22, Senate agreed to House
amendment with amendments. May 25, House concurred in Senate
amendments.
PUBLIC LAW 95-292, 92 STAT. 307
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembles, That (a) title II of the
Social Security Act // 42 USC 401 // is amended by inserting immediately
after section 226 the following new section:
" Sec. 226 A. (a) Notwithstanding any provision to the contrary in
section 226 or title XVIII, every individual who--,
"(1)(A) is fully or currently insured (as such terms are
defined in section 214 of this Act) // 42 USC 414. // or would be
fully or currently insured if his service as an employee (as
defined in the Railroad Retirement Act of 1974) // 42 USC 231 //
after December 31, 1936, were included in the term 'employment' as
defined in this Act, or (B) is entitled to monthly insurance
benefits under title II of this Act or an annuity under the
Railroad Retirement Act of 1974, or (C) is the spouse or dependent
child (as defined in regulations) of an individual who is fully or
currently insured or would be fully or currently insured if his
service as an employee (as defined in the Railroad Retirement Act
of 1974) after December 31, 1936, were included in the term
'employment' as defined in this Act, or (D) is the spouse or
dependent child (as defined in regulations) of an individual
entitled to monthly insurance benefits under title II of this Act
or an annuity under the Railroad Retirement Act of 1974;
"(2) is medically determined to have end stage renal disease;
and
"(3) has filed an application for benefits under this section;
shall, in accordance with the succeeding provisions of this section,
be entitled to benefits under part A and eligible to enroll under part B
of title XVIII, // 42 USC 1395 // subject to the deductible, premium,
and coinsurance provisions of that title.
"(b) Subject to subsection (c), entitlement of an individual to
benefits under part A and eligibility to enroll under part B of title
XVIII by reasons of this section on the basis of end stage renal
disease--,
"(1) shall begin with--,
(and such additional requirements as the Secretary may
prescribe under section 1881 (b) for such institutions)
in preparation for or anticipation of kidney
transplantation, but only if such transplantaion occurs
in that month or in either of the next two months,
d two months
whichever first occurs (but no earlier than one year
preceding
the month of the filing of an application for benefits
under this
section); and
"(c) Notwithstanding the provisions of subsection (b)--,
shall
begin with the month in which such regular course of
renal dialysis
is initiated;
(b) Section 226 of such Act // 42 USC 426. // is amended--,
Sec. 2. Part C of title XVIII of the Social Security Act // 42 USC
1395x. // is amended by adding at the end thereof the followint new
section:
" Sec. 1881. (a) The benefits provided by parts A and B of this title
shall include benefits for individuals who have been determined to have
end-stage renal disease as provided in section 226 A, and benefits for
kidney donors as provided in subsection (d) of this section.
Notwithstanding any other provision of this title, the type, duration,
and scope of the benefit provided by parts A and B with respect to
individuals who have been determined to have end-stage renal disease and
who are entitled to such benefits without regard to section 226 A shall
in no case be less than the type, duration, and scope of the benefits so
provided for individuals entitled to such benefits solely by reason of
that section.
"(b)(1) Payments under this title with respect to services, in
addition to services for which payment would otherwise be made under
this title, furnished to individuals who have been determined to have
end-stage renal disease shall include (A) payments on behalf of such
individuals to providers of services and renal dialysis facilities which
meet such requirements as the Secretary shall by regulation prescribe
for institutional dialysis services and supplies (including
self-dialysis services in a self-care dialysis unit maintained by the
provider or facility), transplantation services, self-care home dialysis
support services which are furnished by the provider or facility, and
routine professional services performed by a physician during
maintenance dialysis episode if payments for his other professional
services furnished to an individual who has end-stage renal disease are
made on the basis specified in paragraph (3)(A) of this subsection, and
(B) payments to or on behalf of such individuals for home dialysis
supplies and equipment. The requirements prescribed by the Secretary
under subparagraph (A) shall include requirements for a minimum
utilization rate for covered procedures and for self-dialysis training
programs.
"(2)(A) With respect to payments for dialysis services furnished by
providers of services and renal dialysis facilities to individuals
determined to have end-stage renal disesase foe which payments may be
made under part B of this title, // 42 USC 1395j. // such payments
(unless otherwise provided in this section) shall be equal to 80 percent
of the amounts determined in accordance with subparagraph (B); and with
respect to payments for services for which payments may be made under
part A of this title, // 42 *USC 1395 // the amounts of such payments
(which amounts shall not exceed, in respect ot cost in procuring organs
attributable to payments made to an organ procurement agency or
histocompatibility laboratory, the costs incurred by that agency or
laboratory) shall be determined in accordance with section 1861 (v). //
42 USC 1395x // Payments shall be made to a renal dialysis facility only
if it agrees to accept such payments as payment in full for covered
services, except for payment by the individual of 20 percernt of the
estimated amounts for such services calculated on the basis established
by the Secretary under subparagraph (B) and the deductible amount
imposed by section 1833(b).
"(B) The Secretary shall prescribe in regulations any methods and
procedures to (i) determine the costs incurred by providers of services
and renal dialysis facilities in furnishing covered services to
individuals determined to have end-stage renal disease, and (ii)
determine, on a cost-related basis or other economical and equitable
basis (including any basis authorized under section 1861(v)), the
amounts of payments to be made for part B services furnished by such
providers and facilities to such individuals. Such regualtions shall
provide for the implementation of appropriate incentives for encouraging
more efficient and effective delivery of services (consistent with
quality care), and shall include, to the extent determined feasible by
the Secretary, a system for classifying comparable providers and
facilities, and prospectively set rates or target rates with
arrangements for sharing such reductions in costs as may be attributable
to more efficient and effective delivery of services.
"(C) Such regulations, in the case of services furnished by
proprietary providers and facilities may include, if the Secretary finds
it feasible and appropriate, provision for recognition of a reasonable
rate of return on equity capital, providing such rate of return does not
exceed the rate of return stipulated in section 1861 (v) (B).
"(D) For purposes of section 1878, // 42 USC 1395oo // a renal
dialysis facility shall be treated as a provider of services.
"(3) With respect to payments for physicians' services furnished to
individuals determined to have end-stage renal disease, the Secretary
shall pay 80 percent of the amounts calculated for such services--,
"(A) on a reasonable charge basis (but may, in such case, make
payment on the basis of the prevailing charges of other physicians
for comparable services) except that payment may not be made under
this subparagraph for routine services furnished during a
maintenance dialysis episode, or
"(B) on a comprehensive monthly fee or other basis for an
aggregate of services provided over a period of time (as defined
in regulations).
"(4) Pursuant to agreements with approved providers of services and
renal dialysis facilities, the Secretary may make payments to such
providers and facilities for the cost of home dialysis supplies and
equipment and self-care home dialysis support services furnished to
patients whose self-care home dialysis is under the direct supervision
of such provider or facility, on the basis of a target reimbursement
rate (as defined in paragraph (6).
"(5) An agreement underparagraph (4) shall require, in accordance
with regulations prescribed by the Secretary, that the provider or
facility will--,
"(A) assume full responsibility for directly obtaining or
arranging for the provision of--,
"(B) perform all such administrative functions and maintain
such information and records as the Secretary may require to
verify the transactions and arrangements described in subparagraph
(A);
"(C) submit such cost reports, data, and information as the
Secretary may require with respect to the cost incurred for
equipment, supplies, and services furnished to the facility's home
dialysis patient population; and
"(D) provide for full access for the Secretary to all such
records, data, and information as he may require to perform his
functions under this section.
"(6) The Secretary shall establish, for each calendar year,
commencing with January 1, 1979, a target reimbursement rate for home
dialysis which shall be adjusted for regional variations in the cost of
providing home dialysis. In establishing such a rate, the Secretary
shall include--,
"(A) the Secretary's estimate of the cost of providing
medically necessary home dialysis supplies and equipment;
"(B) an allowance, in an amount determined by the Secretary, to
cover administrative costs and to provide an incentive for the
efficient delivery of home dialysis;
but in no event shall such target rate exceed 70 percent of the national
average payment, adjusted for regional variations, for maintenance
dialysis services furnished in approved providers and facilities during
the preceding fiscal year. Any such target rate so established shall be
utilized, without renegotiation of the rate, throughout the calendar
year for which it is established. During the last quarter of each
calendar year, the Secretary shall establish a home dialysis target
reimbursement rate for the next calendar year based on the most recent
data available to the Secretary at the time. In establishing any rate
under this paragraph, the Secretary mayutilize a competitive-bid
procedure, a prenagotiated rate procedure, or any other procedure which
the Secretary determines is appropriate and feasible in order to carry
out this paragraph in an effective and efficient manner.
"(7) For purposes of this title, the term 'home dialysis supplies and
equipment' means mediclly necessary supplies and equipment (including
supportive equipment) required by an individual suffering from end-stage
renal disease in connection with renal dialysis carried out in his home
(as defined in regulations), including obtaining, installing, and
maintaining such equipment.
"(8) For purposes of this title, the term 'self-care home dialysis
support services', to the extent permitted in regulation, means--,
"(A) periodic maonitoring of the patient's home adaptation,
including visits by qualified provider of facility personnel (as
defined in regulations), so long as this is done in accordance
with a plan prepared and periodically reviewed by a professional
team (defined in regulations) including the individual's
physician;
"(B) installation and maintenance of dialysis equipment;
"(C) testing and appropriate treatment of the water; and "(D)
such additional supportive services as the Secretary finds
appropriate and desirable.
"(9) For purposes of this title, the term 'self-care dialysis unit'
means a renal dialysis facility or a distinct part of such facility or
of a provider of services, which has been approved by the Secretary to
make self-dialysis services, as defined by the Secretary in regulations,
available to individuals who have been trained for self-dialysis. A
self-care dialysis unit must, at a minimum, furnish the services,
equipment and supplies needed for self -care dialysis, have
patient-staff ratios which are appropriate to self-dialysis (allowing
for such appropriate lesser degree of ongoing medical supervision and
assistance of ancillary personnel than is required for full care
maintenance dialysis), and meet such other requirements as the Secretary
may prescribe with respect ot the quality and cost-effectiveness of
services.
"(c)(1)(A) For the purpose of assuring effective and efficient
administration of the benefits provided under this section, the
Secretary shall establish, in accordance with such criteria as he finds
appropriate, renal disease network areas, such network organizations
(including a coordinating council, and executive committee of such
council, and a medical review board, for each network area) as he finds
necessary to accomplish such purpose, and a national end stage renal
disease medical information system. The Secretary may by regulations
provide for such coordination of network planning and quality assurance
activities and such exchange of data and information among agencies with
responsibilities for health planning and quality assurance activities
under Federal law as is consistent with the economical and efficient
administration of this section and with the responsibilities established
for network organizations under this section.
"(B) At least one patient representative shall serve as a member of
each coordinating council and executive committeel
"(C) The Secretary shall, in regulations, prescribe requirements with
respect to membership in network organizations by individuals (and the
relatives of such individuals) (i) who have an ownership or control
interest in a facility or provider which furnishes services referred to
in section 1861 (s)(2)n F), or (ii) // 42 USC 1395x // who have received
remuneration from any such facility or provider in excess of such
amounts as constitute reasonable compensation for services (including
time and effort relative to the provision of professional medical
services) or goods supplied to such facility or provider; and such
requirements shall provide for the definition, desclosure, and, to the
maximum extent consistent with effective administration, prevention of
potential or actual financial or professional conflicts of interest with
respect to decisions concerning the appropriateness, nature, or site of
patient care.
"(2) The network organizations of each network shall be responsible,
an addition to such other duties and functions as may be prescribed by
the Secretary, for--,
"(A) encouraging, consistent with sound medical practive, the
use of those treatment settings most compatible wtih the
successful rehabilitation of the patient;
"(B) developung criteria and standards relating to the quality
and appropriateness of patient care; and network goals with
respect to the placement of patients in self -care settings and
undergoing or preparing for transplantation;
"(C) evaluating the procedure by which facilities and providers
in the network assess the appropriateness of patients for proposed
treatment modalities;
"(D) identifying facilities and providers that are not
cooperating toward meeting network goals and assisting such
facilities and providers in developing appropriate plans for
correction; and
"(E) submitting an annual report to the Secretary on July 1 of
each year which shall include a full statement of the network's
goals, data on the network's performance in meeting its goals
(including data on the comparative performance of facilities and
providers with respect to the identification and placement of
suitable candidates in self -care settings and transplantation),
identification of those facilities that have consistently failed
to cooperate with network goals, and recommendations with respect
to the need for additional or alternative services or facilities
in the network in order to meet the network goals, including
self-dialysis training, transplantation, and organ procurement
facilities.
"(3) Where the Secretary determines, on th basis of the data
contained in the network's annual report and such other relevant data as
may be available to him, that a facility or provider has consistently
failed to cooperate with network plans and goals, he may terminate or
withhold certification of such facility or provider (for purposes of
payment for services furnished to individuals with end stage renal
disease) until he determines that such provider or facility is making
reasonable and appropriate efforts to cooperate with the network's plans
and goals.
"(4) The Secretary shall, in determining whether to certify
additional facilities or expansion of existing facilities within a
network, takes into account the network's goals and performance as
reflected in the network's annual report.
"(5) The Secretary, after consultation with appropriate professional
and planning organizations, shall provide such guidelines with respect
to the planning and delivery of renal disease services as are necessary
to assist network organizations in their development of their respective
networks' goals to promote the optimum use of self-dialysis and
transplantation by suitable candidates for such modalities.
"(6) It is the intent of the Congress that the maximum practical
number of patients who are medically, socially, and psychologically
suitable candidates for home dialysis or transplantation should be so
treated. The Secretary shall consult with appropriate professional and
network organizations and consider available evidence relating to
developments in research, treatment methods, and technology for home
dialysis and transplantation. The Secretary shall periodically submit
to the Congress such legislative recommendations as the Secretary finds
warranted on the basis of such consultation and evidence to further the
national objective of maximizing the use of home dialysis and
transplantation consistent with good medical practice.
"(d) Notwithstanding any provision to the contrary in section 226 //
42 USC 426. // any individual who donates a kidney for transplant
surgery shall be entitled to benefits under parts A and B of this title
// 42 Usc 1395, 1395j // with respect to such donation. Reimbursement
for the reasonable expenses incurred by such an individual with respect
to a kidney donation shall be made (without regard to the deductible,
premium, and coinsurance provisions of this title), in such manner as
may be prescribed by the Secretary in regulations, for all reasonable
preparatory, operation, and postoperation recovery expenses associated
with such donation, incuding but not limited to the expenses for which
payment could be made if he were an eligible individual for purposes of
parts A and B of this title without regard to this subsection. Payments
for postoperation recovery expenses shall be limited to the actual
period of recovery.
"(e)(1) Notwithstanding any other provision of this title, the
Secretary may, pursuant to agreements with approved providers of
services and renal dialysis facilities, reimburse such providers and
facilities (without regard to the deductible and coinsurance provisions
of this title) for the reasonable cost of the purchase, installation,
maintenance and reconditionaing for subsequent use of artificail kidney
and automated dialysis peritoneal machines (including supportive
equipment) which are to be used exclusively by entitled individuals
dialyzing at home.
"(2) An agreement under this subsection shall require that the
provider or facility will--,
"(A) make the equipment available for use only by entitled
individuals dialyzing at home;
"(B) recondition the equipment, as needed, for reuse by such
individuals throughout the useful life of the equipment, including
modification of the equipment consistent with advances in research
and technology;
"(C) provide for full access for the Secretary to all records
and information relating to the purchase, maintenance, and use of
the equipment; and
"(D) submit such reports data, and information as the Secretary
may require with respect to the cost, management, and use of the
equipment.
"(3) For purposes of this section, the term 'supportive equipment'
includes blood pumps, heparin pumps, bubble detectors, other alarm
systems, and such other items as the Secretary may determine are
medically necessary.
"(f)(i) The Secretary shall initiate and carry out, at selected
locations in the United States, pilot projects under which financial
assistance in the purchase of new or used durable medical equipment for
renal dialysis is provided to individuals suffering from end stage renal
desease at the time home dialysis is begun, with provision for a trial
period to assure successful adaptaion to home dialysis before the actual
purchase of such equipment.
"(2) The Secretary shall conduct experiments to evaluate methods for
reducing the costs of the end stage renal disease program. Such
experiments shall include (without being limited to) reimbursement for
nurses and dialysis technicians to assist with home dialysis, and
reimbursement to family members assisting with home dialysis.
"(3) The Secretary shall conduct experiments to evaluate methods of
dietary control for reducing the costs of the end stage renal disease
program, including (without being limited to) the use of
protein-controlled products to delay the necessity for, or reduce the
frequency of, dialysis in the treatment of end stage renal disease,
"(4) The Secretary shall conduct a comprehensive study of methods for
increasing public particiapation in kidney donation and other organ
donation programs.
"(5) The Secretary shall conduct a full and complete study of the
reimbursement of physicians for services furnished to patients with end
stage renal disease under this title, giving particular attention to the
range of payments to physicians for such services, the average amounts
of such payments, and the number of hours devoted to furnishing such
services to patients at home, in renal disease facilities, in hospitals,
and elsewhere.
"(6) The Secretary shall consuct a study of the number of patients
with end stage renal disease who are not eligible for benefits with
respect to such disease under this title (by reason of this section or
otherwise), and of the economic impact of such noneligibility of such
individuals. Such study shall include consideration of mechanisms
whereby governmental and other health plans might be instituted or
modified to permit the purchase of actuarially sound coverage for the
costs of end stage renal disease.
"(7) The Secretary shall conduct a study of the medical
appropriateness and safety of cleaning and reusing dialysis filters by
home dialysis patients. In such cases in which the Secretary determines
that such home cleaning and reuse of filters is a medically sound
procedure, the Secretary shall conduct experiments to evaluate such home
cleaning and reuse as a method of reducing the costs of the end stage
renal disease program.
"(8) The Secretary shall submit to the Congress no later than October
18 1979, a full report on the experiments conducted under paragraphs
(1), (2), (3), and (7), and the studies under paragraphs (4), (5), (6)8
and (7). Such report shall include any recommendaions for legislative
changes which the Secretary finds necessary or desirable as a result of
such experiments and studies.
"(g) The Secretary shall submit to the Congress on April 1, 1979 and
April 1 of each year thereafter a report on the end stage renal disease
program, including but not limited to--,
"(1) the number of patients, nationally and by renal disease
network, on dialysis (self-dialysis or otherwise) at home and in
facilities;
"(2) the number of new patient s entering dialysis at home and
in facilities during the year;
"(3) the number of facilities providing dialysis and the
utilization rates of those facilities;
"(4) the number of kidney transplants, by source of donor
organ;
"(5) the number of paitients awaiting organs for transplant;
"(6) the number of transplant failures
"(7) the range of costs of kidney acquisitions by type of
facility and by region;
"(8) the number of facilities providing transplants and the
number of transplants performed per facility;
"(9) patient mortality and morbidity rates;
"(10) the average annual cost of hospitalization for ancillary
problems in dialysis and transplant patients, and drug costs for
transplant patients;
"(11) medicare payment rates for dialysis, transplant
procedures, and physician services, along with any changes in such
rates during the year and the reasons for those changes
"(12) the results of cost-saving experiments;
"(13) the results of basic kidney disease research conducted b
by the Federal Government, private institutions, and foreign
governments;
"(14) information on the activities of medical review boards
and other networks organizations; and
"(15) estimated program costs over the next five years".
Sec. 3. (a) Section 226(a) of the Social Security Act // 42 USC 426.
//
is amended--,
(1) by striking out "specified in subparagraph (B)" and
inserting in lieu thereof "specified in paragraph (1)"; and
(2) by striking out "specified in subparagraphs (A) and (B)"
and inserting in lieu thereof "specified in paragraphs (1) and
(2)".
(b) Paragraphs (2) and (3) of section 226 (e) of such Act (as
redesignated by subsection (b)(2) of the first section of this Act) are
each amended by striking out "subsection b" and inserting in lieu
thereof "subsection (b)".
Sec. 4. (a) Section 1811 of the Social Security Act // 42 USC 1395c.
//
is amended--,
(1) by striking out "section 226" and inserting in lieu thereof
"sections 226 and 226 A";
(2) by striking out "and" at the end of clause (1), and
inserting in lieu thereof a comma; and
(3) by inserting immediately before the period the following ",
and (3) certain individuals who do not meet the conditions
specified in either clause (1) or (2) but who are medically
determined to have end stage renal disease".
(b) Section 1833 (a)(1) of such Act // 42 USC 1395l. //
is amended--,
(1) by striking out "and" at the end of clause (C), and
(2) by adding the following after "section)", in clause (D):
"and (E) with respect to services furnished to individuals who
have been determined to have end stage renal disease, the amounts
paid shall be determined subject to the provisions of section
1881, // 42 USC 1395l. // and".
(c) Section 1833 (a)(2) of such Act is amended by inserting
"(unless otherwise specified in section 1881)" after "other
services".
(d) Section 1861 (s)(2) of such Act // 42 USC 1395x. //
is amended--,
(1) by striking out "and" at the end of clause (D);
(2) by inserting "and" at the end of clause (E); and
(3) by adding the following new clause after clause (E):
"(F) home dialysis supplies and equipment, self-care home
dialysis support services, and institutional dialysis services and
supplies;".
(e) The first sentence of section 1866 (a)(2)(A) of such Act // 42
USC 1395cc. // is amended by inserting the following before the period:
"(but in the case of items and services furnished to individuals with
end-stage renal disease, an amount equal to 20 percent of the estimated
amounts for such items and services calculated on the basis established
by the Secretary)".
(f) Section 1814 (b)(1) of such Act // 42 USC 1395f. // is amended
by inserting "and as further limited by section 1881 (b)(2)(B)" after
"1861(v)".
Sec. 59 The third sentence of section 1817 (b) of the Social
Security Act, // 42 USC 1395i. // and the third sentence of section
1841(b) of such Act, // 42 USC 1395t. // and section 1876(b)(2)(B) of
such Act, // 42 USC 1395mm. // are each amended by striking out "
Commissioner of Social Security" and inserting in lieu thereof "
Administrator of the Health Care Financing Administration".
Sec. 6. The amendments made by the preceding sections of this Act //
42 USC 426 // shall become effective with respect to services, supplies,
and equipment furnished after the third calendar month which begins
after the date of the enactment of this Act, except that those
amendments providing for the implementation of an incentive
reimbursement system for dialysis services furnished in facilities and
providers shall become effective with respect to a facility's or
provider's first accounting period which begins after the last day of
the twelfth month following the month of the enactment of this Act, and
those amendments providing for reimbursement rates for home dialysis
shall become effective on April 1, 1979.
Sec. 7. Section 15(d) of Public Law 93 - 233 // 42 USC 1395x // (as
amended by section 7 (c) of Public Law 93 - 368 and the first section of
Public Law 94 - 368) is amended by striking out " October 1, 1977" and
inserting in lieu thereof " October 1, 1978".
Sec. 8. (a) The first sentence of section 1905(c) of the Social
Security Act // 42 USC 1396d. // is amended--,
(1) by striking "and (3)" and inserting in lieu thereof "(3)";
and
(2) by striking out the period at the end thereof and inserting
in lieu thereof the following ", and (4) meets the requirements of
section 1861(j)(14) // 42 USC 1395x. // with respect ot
protection of patients' personal funds".
(b) The fourth sentence of section 1905(c) of such Act is amended by
striking out "clauses (2) and (3) " and inserting in lieu thereof
"clauses (2), (3), and (4)".
(c) The Secretary of Health, Education, and Welfare shall, by
regulation, define those cost which may be charged to the personal funds
of patients in intermediate care facilities who are individuals
receiving medical assistance under a State plan approved under the
provisions of title XIX of the Social Security Act, // 42 USC 1396. //
and those costs which are to be included in the reasonable cost or
reasonable charge for intermediate care facility services as determined
under the provisions of such title.
(d)(1) The amendments made by subsections (a) and (b) // 42 USC 1396d
shall become effective on July 1, 1978.
(2) The Secretary of Health, Education, and Welfare shall issue the
regulations required under subsection (c) // 42 USC 1396d // within 90
days after the date of enactment of this Act but not later than July 18
1978.
(e) Section 20(c)(2) of the Medicare-Medicaid Anti-Fraud and Abuse
Amendments (Public Law 95 - 142) // 42 USC 1396b // is amended by
striking out "section 1905(g)" and inserting in lieu thereof "section
1903(g)".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 549 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 714 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 12, considered and passed House.
Vol. 124 (1978): Apr. 10, considered and passed Senate,
amended. May 1, House concurred in Senate amendment with an
amendment. May 24, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 24 (1978): June 13, Presidential statement.
PUBLIC LAW 95-291, 92 STAT. 304
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) there is
authorized to be appropriated for the fiscal year which ends on
September 30, 1979, not to exceed $543,000,000, to remain available
until expended, to enable the Secretary of the Treasury to pay to any
State the amount determined by the Secretary of Health, Education, and
Welfare (hereinafter in this Act referred to as the " Secretary"), in
accordance with the succeeding provisions of this Act, to be payable to
the State in settlement of the unpaid claim of the State against the
United States for reimbursement of expenditures made by the State prior
to October 1, 1975, with respect to services (and related administrative
costs) which the State asserts were provided (or incurred) under an
approved State plan pursuant to title I, IV- A, VI, X, XIV, or XVI of
the Social Security Act. // 42 USC 301, 601, 801, 1201, 1351, 1381. //
(b) For purposes of this Act, the term "unpaid claim" of any State
means (subject to the succeeding sentence) the total amount of Federal
reimbursement for expenditures of the type specified in subsection (a)
which has not been paid to such State prior to the date of enactment of
this Act. In determining such total amount in the case of any State,
any portion thereof attributable to expenditures made in any fiscal year
with respect to which the provisions of section 1130 of the Social
Security Act // 42 USC 1320b // (as then in effect) were applicable
shall be reduced (but not below zero) by the excess (if any) of (1) the
aggregate of the portion of such total amount attributable to
expenditures made in such year and the total amount of the Federal
reimbursement paid prior to the date of enactment of this Act to such
State with respect to expenditures made in such year, over (2) the
State's allotment determined under such section 1130 for such year.
Sec. 2. (a) In the case of that portion of the unpaid claim of a
State that the Secretary determines was asserted against the United
States, in the form and manner prescribed by the Secretary with respect
to the filing of claims under titles I, IV-- A, VI, X, XIV, and XVI of
the Social Security Act, // 42 USC 301, 601, 801 1201 1351 1381. //
prior to April 1, 1977, the Secretary shall certify to the Secretary of
the Treasury for payments to the State the sum of--,
(1) an amount equal to 38 percent of so much of such portion as
does nto exceed $50,000,000;
(2) an amount equal to 35 percent of so much of such portion as
exceeds $50,000,000 but does not exceed $150,000,000; and
(3) an amount equal to 21 percent of so much of such portion as
exceeds $150,000,000;
except that the percentage specified in paragraph (1) shall be 58
percent and the percentage specified in paragraph (2) shall be 50
percent in the case of a State if the portion of the unpaid claim of
such State referred to in the preceding provisions of this subsection
equals or exceeds 85 percent of the sum of (A) such portion and (B) the
total amount of Federal reimbursement for expenditures of the type
specified in the first section of this Act which has been paid to such
State prior to the date of enactment of this Act but with respect to
which formal steps have been initiated by the Secretary to recover such
reimbursement.
(b)(1) In the case of the portion of the unpaid claims of a State
that the Secretary determines meets the requirements of subsection (a),
except that the claim was asserted, in the form and manner prescribed by
the Secretary, on or after April 1, 1977, but prior to the ninety-first
day following the date upon which this Act is enacted, the Secretary
shall certify to the Secretary of the Treasury for payment to the State,
subject to paragraph (2), an amount equal to 15 percent of so much of
such portion as he finds to be for the provision of services that he
finds the State provided and for which he has not provided
reimbursement, but the expenditures for which were reimbursable under
title I, IV-- A, VI, X, XIV, or XVI of the Social Security Act // 42 USC
301, 601, 801 1201 1351 1381. // prior to April 1, 1977, or, if not
services the expenditures for which were reimbursable, are services of a
similar kind and are not otherwise reimbursable under this Act
(2) The Secretary may not certify for payment to any State under the
authority of this subsection an aggregate amount that exceeds 5 percent
of that State's allotment for the fiscal year 1973 of social service
funds under titles I, IV-- A, X, XIV, and XVI of the Social Security
Act, as determined in accordance with section 1130(b) of such Act, less
the amount certified for payment to the State under subsection (a) of
this section.
(3) The Secretary shall have no authority, by regulations or
otherwise, to extend the time period specified in paragraph (1) or to
waive the limit for assertion of a claim.
Sec. 3. (a) Except with respect to amounts paid by the Secretary to a
State prior to April 1, 1977, no State is entitled to reimbursement of
expenditures described by the first section of this Act, // 42 USC 1397a
// except as provided by this Act.
(b) Neither the Secretary nor any other official of the Federal
Government may seek to recover any amount paid to a State prior to April
1, 1977, or pursuant to this Act, as reimbursement of expenditures made
by the State of the type described by the first section of this Act.
Sec. 4. (a) The Secretary is authorized to enter into agreements with
any State in accordance with the provisions of this Act, // 42 USC 1397a
// and agreements entered into prior to the enactment of this Act, to
the extent not inconsistent with the terms hereof, shall have the same
force and effect as agreements entered into subsequent to enactment of
this Act.
(b) In the absence of an agreement, a State dissatisfied with a
determination by the Secretary under this Act may, by application to the
Secretary within 60 days after the date of notice to the State of that
determination, obtain the Secretary's review of that determination. If
the application requests a hearing, the Secretary shall conduct a
hearing after reasonable notice to the State, and shall, on the basis of
evidence adduced at the hearing, affirm, modify, or reverse his
determination. If the Secretary does not preside at the reception of
the evidence at the hearing, the decision of the presiding official or
body shall be the decision of the Secretary.
(c) No court of the United States has jurisdiction to entertain a any
action seeking the review of any determination or finding of the
Secretary under this Act, or otherwise seeking to compel a determination
by the Secretary to certify for payment any claim described by the first
section of this Act; except that the appropriate district court shall
have jurisdiction over any action seeking enforcement of an agreement of
the kind referred to in subsection (a).
Sec. 5. (a) Amounts appropriated under the first section of this Act
// 42 USC 1397a // shall be first applied in settlement of the portions
of unpaid claims described in section 2(a). If, after that payment, the
amounts remaining are insufficient to pay the amounts established by
section 2(b) with respect to the portions of unpaid claims asserted
under section 2(b), the Secretary shall certify for payment with respect
to each such portion an amount that bears the same relationship to that
portion as the total of such remaining available amounts bears to the
total of all portions of unpaid claims asserted under section 2(b).
(b) A reduction effected by subsection (a) of this section in the
amount payable to a State under section 2(b) does not give rise to an
entitlement of the State to the difference between the amount payable
under section 2(b) (without regard to subsection (a) of this section)
and the amount payable under section 2(b) after application of
subsection (a) of this section.
(c) In the event that the amount appropriated pursuant to the first
section of this Act exceeds the payable portions of unpaid claims under
subsections (a) and (b) of section 2, the amount paid to any State
receiving a payment computed with respect to paragraph (3) of section
2(a) shall be increased (to the extent of such excess) by an amount
equal to the difference between the amount it received under section 2(
a) and the amount it would have so received if the percentage in such
paragraph had been 25 percent.
Sec. 6. The Secretary of the Treasury shall pay to each State, out of
amounts appropriated pursuant to the first section of this Act // 42 USC
1397a // all amounts certified by the Secretary as payable to that State
under the terms of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 1114, Pt. I (Comm. on the Judiciary) and 95
- 1114, Pt. II (Comm. on Ways and Means).
SENATE REPORT No. 95 - 632 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 23, considered and passed House.
May 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14,
No. 24: June 12, Presidential statement.
PUBLIC LAW 95-290, 92 STAT. 290
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. (a) The Congress finds that--,
(1) certain sites and structures in Lowell, Massachusetts,
historically and culturally the most significant planned
industrial city in the United States, symbolize in physical form
the Industrial Revolution;
(2) the cultural heritage of many of the ethnic groups that
immigrated to the United States during the late nineteenth and
early twentieth centuries is still preserved in Lowell's
neighborhoods;
(3) a very large proportion of the buildings, other
structures, and districts in Lowell date to the period of the
Industrial Revolution and are nationally significant historical
resources, including the five-and-six tenths-mile power canal
system, seven original mill complexes, and significant examples of
early housing, commercial structures, transportation facilities,
and buildings associated with labor and social institutions; and
(4) despite the expenditure of substantial amount of money by
the city of Lowell and the Commonwealth of Massachusetts for
historical and cultural preservation and interpretation in Lowell,
the early buildings and other structures in Lowell may be lost
without the assistance of the Federal Government.
(b) It is the purpose of this Act to preserve and interpret
the nationally significant historical and cultural sites,
structures, and districts in Lowell, Massachusetts, for the
benefit and inspiration of present and future generations by
implementing to the extent practicable the recommendations in the
report of the Lowell Historic Canal District Commission.
DEFINITIONS
Sec. 2. For purposes of this Act--,
// 16 USC 410cc-1. //
(1) the term "park" means the Lowell National Historical Park,
established by section 101(a)(1) of this Act;
(2) the term "preservation district" means the Lowell
Historical Preservation District, established by section 101(a)(
1) of this Act;
(3) the term " Commission" means the Lowell Historic
Preservation Commission established by section 301(a) of this Act;
(4) the term " Secretary" means the Secretary of the Interior;
and
(5) the term "report of the Lowell Historic Canal District
Commission" means the report submitted to the Congress by the
Lowell Historic Canal District Commission pursuant to an Act
entitled " N Act to provide for a plan for the preservation,
interpretation development and use of the historic, cultural, and
architectural resources of the Lowell Historic Canal District in
Lowell, Massachusetts, and for other purposes", approved January
4, 1975 (88 Stat. 2330).
// 16 USC. 461 //
TITLE I--ESTABLISHMENT OF PARK AND
PRESERVATION DISTRICT
Sec. 101. (a)(1) To carry out the purpose of this Act, // 16 USC
410cc--11. // there is established as a unit of the National Park
System in the city of Lowell, Massachusetts, the Lowell National
Historical Park. There is further established in an area adjacent to
the park the Lowell Historic Preservation District, which will be
administered by the Secretary and by the Commission in accordance with
this Act. The boundaries of the park and preservation district shall be
the boundaries depicted on the map entitled " Lowell National Historical
Park, Massachusetts", dated March 1978, and numbered " Lowe--80,008 A".
Such map shall be on file and available for inspection in the office of
the National Park Service, Department of the Interior, and in the office
of the city clerk, city of Lowell.
(2) The Secretary shall publish in the Federal Retister, as soon as
practicable after the date of the enactment of this Act, a detailed
description and map of the boundaries established under paragraph (1) of
this subsection.
(b) The Secretary may make minor revisions of the park and
preservation district boundaries established under subsection (a)(1) of
this section, after consulting with the Commission and the city manager
of Lowell, by publication of a revised drawing or other boundary
description in the Federal Register; but no waters, lands, or other
property outside of the park or preservation district boundaries
established under such subsection may be added to the park or
preservation district without the consent of the city manager of Lowell
and the city council of Lowell. A boundary revision made under this
subsection shall be effective only after timely notice in writing is
given to the Congress.
SEC. 102. (a) Any Federal entity conducting or supporting activities
directly affecting the park or preservation district shall--,
(1) consult with, cooperate with, and to the maximum extent
practicable, coordinate its activities with the Secretary and with
the Commission; and
(2) conduct or support such activities in a manner which (A) to
the maximum extent practicable is consistent with the standards
and criteria established pursuant to section 302(e) of this Act,
and (B) will not have an adverse effect on the resources of the
park or preservation district.
(b) No Federal entity may issue any license or permit to any
person to conduct an activity within the park or preservation
district unless such entity determines that the proposed activity will
be conducted in a manner consistent with the standards and criteria
established pursuant to section 302(e) of this Act and will not have an
adverse effect on the resources of the park or preservation district.
Sec. 103. (a) There are authorized to be appropriated such sums as
may be necessary to carry out this Act, // 16 USC 410cc--13. // except
that--,
(1) the total of the amounts authorized to be appropriated for
the purpose of acquisition and development under the park
management plan established pursuant to section 201(b) of this Act
and emergency assistance under section 205(a)(1) of this Act shall
not exceed $18,500,000; and
(2) the total of the amounts authorized to be appropriated for
the purpose of carrying out section 302(b)(2) of this Act, for the
payment of grants and loans under section 303 of this Act, for the
acquisition of property under section 304 of this Act, and for
carrying out any transportation program and any educational and
cultural program described in section 302(c) of this Act shall not
exceed $21,500,000.
(b) No funds shall be authorized pursuant to this section prior
to October 1, 1978.
(c) Funds appropriated under subsection (a) of this section
shall remain available until expended.
(d)(1) Within 60 days after the date of the enactment of this
Act, and on each subsequent October 1 and March 1, the Secretary
shall submit to the Congress a statement certifying the aggregate
amount of money expended by the Commonwealth of Massachusetts, the
city of Lowell, and by any nonprofit entity for activities in the
city of Lowell consistent with the purpose of this Act during the
period beginning on January 1, 1974, and ending on the date such
statement is submitted.
(2) The aggregate amount of funds made available by the
Secretary to the Commission from funds appropriated under
subsection (a) (2) of this section may not exceed the amount
certified by the Secretary in the most recent statement submitted
to the Congress under paragraph (1) of this subsection.
SPENDING LIMITATIONS
Sec. 104. Notwithstanding any other provision of this Act,
// 16 USC 410cc--14. //
no authority to enter into agreements or to make payments under
this Act shall be effective except to the extent, or in such
amounts, as may be provided in advance in appropriation Acts.
Sec. 201. (a) The Secretary shall submit a statement to the
Congress, within two years after the date on which funds are made
available to carry out this Act, // 16 USC 410cc--21. // which--,
(1) reports on the progress that the Secretary has made in
acquiring the properties identified under section 202 of this Act,
and describes the way the Secretary intends to use these
properties;
(2) identifies the properties within the park and preservation
district respecting which the Secretary has entered into or
intends to enter into agreements relating to interpretive exhibits
or programs under section 203(a) of this Act;
(3)(A) reports on the progress of the Secretary in leasing a
portion of the Lowell Manufacturing Company, located on Market
Street, for the purpose of establishing a visitors' center in
close proximity to parking and other transportation facilities,
and (B) identifies any other property within the park which the
Secretary has leased or intends to lease for purposes of the park:
(4) reports any other activities which the Secretary has taken
or intends to take to carry out the purpose of this Act; and
(5) contains a tentative budget for the park and preservation
district for the subsequent five fiscal years.
(b)(1) Not later than three years after the date on which funds are
made available to carry out this Act, the Secretary shall establish and
submit to the Congress a park management plan containing the information
described in subsection (a) of this section. Such plan shall, upon
request, be available to the public.
(2) After consulting with the Commission, the city manager of Lowell,
and the Commonwealth of Massachusetts, the Secretary may make revisions
in the park management plan established pursuant to paragraph (1) of
this subsection by publication of such revisions in the Federal
Register. A revision made under this paragraph shall be effective 90
days after written notice of the revision is submitted to the Congress.
Sec. 202. (a)(1) The Secretary is authorized to acquire the
properties designated in paragraph (2) of this subsection, // 16 USC
410cc--22. // or any interest therein, by donation, purchase with
donated or appropriated funds, condemnation, or otherwise. Any property
or interest therein owned by the Commonwealth of Massachusetts or any
political subdivision thereof may be acquired only by donation. The
Secretary may initiate condemnation proceedings under this paragraph
only after making every reasonable effort to acquire property through
negotiations and purchase, and consulting with the Commission (if
established) and the city council of Lowell.
(2) The properties referred to in paragraph (1) of this subsection
are the following:
(A) The Linus Childs House, 63 Kirk Street.
(B) The H and H Paper Company (commonly referred to as Boott
Mill Boarding House), 42 French Street.
(C) Old City Hall, 226 Merrimack Street.
(D) Merrimack Gatehouse, 269 Merrimack Street.
(E) The Wannalancit Textile Company, 562 Suffolk Street.
(F) The structures containing the Jade Pagoda and Solomon's
Yard Goods, 210 and 200 Merrimack Street.
(b) Until the date on which the Commission conducts its first
meeting, the Secretary may acquire any property within the park or
preservation district not designated in subsection (a)(2) of this
section, or any interest therein, if such property--,
(1) is identified in the report of the Lowell Historical Canal
District Commission as a property which should be preserved,
restored, managed, developed, or maintained in a manner consistent
with the purpose of this Act;
(2) is listed in the National Register of Historic Places, as
maintained by the Secretary pursuant to section 101 (a) of the Act
entitled " An Act to establish a program for the preservation of
additional historic properties throughout the Nation, and for
other purposes", approved October 15, 1966 (16 U.S.C. 470a), and
section 2(b) of the Act entitled " An Act to provide for the
preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes",
approved August 21, 1935 (16 U.S.C. 462); or
(3) is determined by the Secretary to be of national
significance; and would be subject to demolition or major
alteration in a manner inconsistent with the purposes of this Act
unless acquired by the Secretary. Such property may be acquired
only as provided in subsection (a)(1) of this section.
(c) The Secretary may acquire easements within the park for the
purpose of carrying out this Act. Such easements may be acquired
only as provided in subsection (a)(1) of this section.
Sec. 203. (a) The Secretary may enter into agreements with any owner
of property with national historic or cultural significance within the
park to provide for interpretive exhibits or programs. Such agreements
shall provide, whenever appropriate, that--,
(1) the public may have access to such property at specified,
reasonable times for purposes of viewing such property or the
exhibits or attending the programs established by the Secretary
under this subsection; and
(2) the Secretary may make such minor improvements to such
property as the Secretary deems necessary to enhance the public
use and enjoyment of such property, exhibits, and programs.
(b)(1) The Secretary shall provide, upon request, technical
assistance to--,
(A) the city of Lowell to assist the city in establishing
regulations or laws consistent with the standards and criteria
established pursuant to section 302(e) of this Act; and
(B) the Commission to assist the Commission in establishing the
index and the standards and criteria required by section 302 of
this Act.
(2) The Secretary may provide to any owner of property within the
park or preservation district, the Commission, the Commonwealth of
Massachusetts, the city of Lowell, and any other Federal entity or any
institution such technical assistance as the Secretary considers
appropriate to carry out the purpose of this Act.
Sec. 204. The Secretary may refuse to obligate or expend any money
appropriated for the purposes described in section 103(a)(1) of this Act
or section 103(a)(2) of this Act if the Secretary determines that--,
(a) the city of Lowell has failed to establish regulations or
laws consistent with the standards and criteria established
pursuant to section 302(e) of this Act within one year after the
date such standards and criteria have been established, except
that the Secretary may extend such one-year period for not more
than six months if the Secretary determines that the city has made
a good fatih effort to establish such regulations or laws;
(b) the city of Lowell has failed to notify the Commission of
(1) applications for building permits or zoning variances
respecting any property which is included in the index established
pursuant to section 302(d) of this Act, or (2) any proposals of
the city of Lowell to change the regulations or laws described in
paragraph (c)(1) of this subsection;
(c)(1) during the period before the city of Lowell has
established regulations or laws consistent with the standards and
criteria established pursuant to section 302 (e) of this Act, the
city of Lowell has granted any building permit or zoning variance
or has taken any other action respecting any property within the
park or preservation district, which either the Secretary or the
Commission consider to be inconsistent with such standards and
criteria;
(2) after the city of Lowell has established the regulations or
laws described in subparagraph (1) of this paragraph, the city of
Lowell has granted any building permit or zoning variance or has
taken any other action respecting any property within the park or
preservation district, which either the Secretary or the
Commission consider to be inconsistent with such regulations or
laws; or
(d) the Commission has not made good faith efforts to (1)
provide for the preservation, restoration, management,
development, or maintenance of property within the park and
preservation district or (2) carry out the park preservation plan
approved under section 302 of this Act.
Sec. 205. (a)(1) The Secretary, acting through the National Park
Service, shall take appropriate actions to implement to the extent
practicable the park management plan established pursuant to section
201(b) of this Act. In carrying out such plan, the Secretary shall
administer the park in accordance with laws, rules, and regulations
applicable to the national park system. Before the date on which the
Commission conducts its first meeting, the Secretary may take any other
action the Secretary deems necessary to provide owners of property with
national historic or cultural significance within the park or
preservation district with emergency assistance for the purpose of
preserving and protecting their property in a manner consistent with the
purpose of this Act.
(2) Subject to sections 204 and 302(b) of this Act, the Secretary
shall make available to the Commission any funds appropriated under
section 103(a)(2) of this Act for the purpose of carrying out title III
of this Act.
(b) Notwithstanding any other provisions of law, the Secretary may
accept donations of funds, property, or services from individuals,
foundations, corporations, and other private entities, and from public
entities, for the purpose of implementing the park management plan.
(c) The Secretary may sponsor or coordinate within the park and
preservation district such educational or cultural programs as the
Secretary considers appropriate to encourage appreciation of the
resources of the park and preservation district.
(d) The Secretary may acquire such leases respecting property within
the park as may be necessary to carry out the purpose of this Act.
Sec. 301. (a) There is established within the Department of the
Interior a commission to be known as the Lowell Historic Preservation
Commission which shall administer the preservation district and provide
certain services within the park in accordance with this title. The
Commission shall consist of fifteen members appointed by the Secretary
as follows:
(1) Three members who are members of the city council of
Lowell, appointed from recommendations made by the mayor of
Lowell.
(2) Three members appointed from recommendations made by the
city manager of Lowell of persons who are representative of
organized labor, the business community, local neighborhoods, and
cultural institutions, and who are not elected officials.
(3) One member appointed from recommendations made by the
president of the University of Lowell.
(4) Three members appointed from recommendations made by the
Governor of the Commonwealth of Massachusetts.
(5) One member appointed from recommendations made by the
Secretary of Commerce and who shall be an employee of the
Department of Commerce.
(6) One member appointed from recommendations made by the
Secretary of Transportation and who shall be an employee of the
Department of Transportation.
(7) One member appointed from recommendations made by the
Secretary of Housing and Urban Development and who shall be an
employee of the Department of Housing and Urban Development.
(8) Two members who are qualified to serve on the Commission
because of their familiarity with programs of the Department of
the Interior involving national parks and historic preservation
and who shall be an employee of the Department of the Interior.
(b) If any member of the Commission who was appointed to the
Commission under paragraph (1) or (4) of subsection (a) of this section
as member of the city council of Lowell or any other government leaves
that office, or if any member of the Commission who was appointed from
persons who are not elected officials of any government becomes an
elected official of a government, such person may continue as a member
of the Commission for not longer than the thirty-day period beginning on
the date such person leaves that office or becomes such an elected
official, as the case may be.
(c)(1) Except as provided in paragraph (2) of this subsection,
members shall be appointed for terms of two years. A member may be
reappointed only three times unless such member was originally appointed
to fill a vacancy pursuant to subsection (e)(1) of this section, in
which case such member may be reappointed four times.
(2) Of the members first appointed pursuant to subsection (a) of this
section, the following shall be appointed for terms of three years:
(A) The members appointed pursuant to paragraphs (2), (3), and
(8) of such subsection.
(B) One of the members appointed pursuant to paragraph (4) of
such subsection, as designated by the Secretary at the time of
appointment upon recommendation of the Governor. (d) The chairman
of the Commission shall be elected by the
members of the Commission. The term of the chairman shall be two
years.
(e)(1) Any vacancy in the Commission shall be filled in the same
manner in which the original appointment was made.
(2) Any member appointed to fill a vacancy shall serve for the
remainder of the term for which his predecessor was appointed. Any
member may serve after the expiration of his term for a period not
longer than thirty days.
(f) Eight members of the Commission shall constitute a quorum, but a
lesser number may hold hearings.
(g) The Commission shall meet at least once each month, at the call
of the chairman or a majority of its members.
(h)(1) Except as provided in paragraph (2) of this subsection,
members of the Commission shall each be entitled to receive $100 for
each day (including travel time) during which they are engaged in the
performance of the duties of the Commission.
(2) Members of the Commission who are full-time officers or employees
of the United States, the city of Lowell, or the Commonwealth of
Massachusetts shall receive no additional pay on account of their
service on the Commission.
(3) While away from their homes or regular places of business in the
performance of services for the Commission, members of the Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5 of the United States Code.
(i) The Commission established pursuant to this Act, shall cease to
exist ten years from the date of enactment of this Act.
Sec. 302. (a)(1) Within one year after the date on which the
Commission conducts its first meeting, the Commission shall submit to
the Secretary a draft park preservation plan meeting the requirements of
subsection (c) of this section. The Secretary shall review the draft
park preservation plan and, within ninety days after the date on which
such plan is submitted to the Secretary, suggest appropriate changes in
such plan to the Commission.
(2) Within eighteen months after the date on which the Commission
conducts its first meeting, the Commission shall submit to the Secretary
a park preservation plan which meets the requirements of subsection (c)
of this section. The Secretary shall, within ninety days after the date
on which such plan is submitted to the Secretary, approve or disapprove
such plan. The Secretary may not approve such plan unless the Secretary
determines that such plan would adequately carry out the purpose of this
Act.
(3) If the Secretary disapproves a park preservation plan, the
Secretary shall advise the Commission of the reasons for such
disapproval together with the recommendations of the Secretary for
revision of such plan. Within such period as the Secretary may
designate, the Commission shall submit a revised park preservation plan
to the Secretary. The Secretary shall approve or disapprove any revised
park preservation plan in the same manner as required in paragraph (2)
of this subsection for the approval or disapproval of the original park
preservation plan.
(4) If the Secretary approves a park preservation plan, the Secretary
shall publish notice of such approval in the Federal Register and shall
forward copies of the approved plan to the Congress.
(5) Any park preservation plan or draft plan submitted to the
Secretary under this subsection shall, upon request, be abailable to the
public.
(6) No changes other than minor revisions may be made in the approved
park preservation plan without the approval of the Secretary. The
Secretary shall approve or disapprove any proposed change in the
approved park preservation plan, except minor revisions in the same
manner as required in paragraph (2) of this subsection for the approval
or disapproval of the original park preservation plan.
(b)(1) Except as provided in paragraph (2) of this subsection, the
Secretary shall not make any funds available to the Commission to carry
out section 303 or 304 of this Act until a park preservation plan has
been approved under subsection (a) of this section.
(2) Before a park preservation planis approved under subsection (a)
of this section, the Secretary may make available to the Commission such
funds as the Commission may request to carry out any activity specified
in paragraph (3) of this section. However, no funds shall be made
available under this paragraph unless a proposal describing such
activity is reviewed and approved by the Secretary.
(3) The Commission may request funds from the Secretary to--,
(A) carry out activities to preserve, restore, manage, develop,
or maintain any property identified in subsection (c)(1) of this
section;
(B) take any action the Commission considers necessary to
provide owners of property with national historical or cultural
significance within the park or preservation district with
emergency assistance for the purpose of preserving and protecting
their property in a manner consistent with the purpose of this
Act; or
(C) acquire in accordance with section 304 of this Act, any
property within the park which--,
(i) is identified in the report of the Lowell Historic Canal
District Commission as a property which should be preserved,
restored, managed, developed, or maintained in a manner consistent
with the purpose of this Act;
(ii) is listed in the National Register of Historic Places, as
maintained by the Secretary pursuant to section 101 (a) of the Act
entitled " An Act to establish a program for the preservation of
additional historic properties throughout the Nation, and for
other purposes", approved October 15, 1966 (16 U.S.C. 470a), and
section 2(b) of the Act entitles An Act to provide for the
preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes",
approved August 21, 1935 (16 U.S.C. 462); or
(iii) is determined by the Secretary to be of national
significance;
and would be subject to demolition or major alteration in a manner
inconsistent with the purpose of this Act unless acquired by the
Commission.
(c) Any plan submitted to the Secretary under subsection (a) of this
section shall--,
(1) describe the manner in which the Commission, to the extent
practicable in accordance with the recommendations in the report
of the Lowell Historic Canal District Commission, proposes to
provide for the preservation, restoration, management,
development, or maintenance of--,
Street;
(2) identify the properties included in the index established
pursuant to subsection (d) of this section;
(3) identify the properties which the Commission intends to acquire
under section 304 of this Act and specify how such properties shall be
used;
(4) include the standards and criteria established pursuant to
subsection (e) of this section;
(5) provide a detailed description of the manner in which the
Commission intends to implement the grant and loan programs under
section 303 of this Act, including information relating to the estimated
amount of such grants and the manner in which such grants shall be
awarded by the Commission;
(6) provide for a transportation program by which the Commission
shall provide, directly or by agreement with any person or any public or
private entity transportation services and facilities for park and
preservation district visitors, including barge equipment, docking
facilities, and local rail facilities;
(7) provide for educational and cultural programs to encourage
appreciation of the resources of the park and preservation district;
and
(8) include a tentative budget for the subsequent five fiscal years.
(d) The Commission shall establish, within one year after the date on
which the Commission conducts its first meeting, an index which
includes--,
(1) any property in the park or preservation district (except for any
property identified in section 201(a)(2) of this Act) which should be
preserved; restored, managed, developed, maintained, or acquired by the
Commission because of its national historic or cultural significance;
and
(2) any property which should be preserved, restored, managed,
developed, or maintained in a manner compatible with the purpose of this
Act because of its proximity to (A) any property referred to in
paragraph (1) of this subsection, or (B) any property designated in
section 201 (a)(2) of this Act.
The index may be modified only by a majority vote of the members of
the Commission, taken when a quorum is present.
(e)(1) The Commission shall establish standards and criteria
applicable to the construction, preservation, restoration, alteration,
and use of all properties within the preservation district with the
advice of the Commonwealth of Massachusetts and of the Secretary, and
the consent of the city manager of Lowell.
(2) The Commission shall establish the standards and criteria
described in paragraph (1) of this subsection for any property within
the park with the advice of the Commonwealth of Massachusetts and the
city manager of Lowell and subject to the review and approval of the
Secretary.
(3) The Commission shall establish standards and criteria under
paragraphs (1) and (2) of this subsection within one year after the date
on which the Commission conducts its first meeting. Such standards and
criteria may be revised in the same manner in which they were originally
established.
(4) The Secretary shall publish the standards and criteria
established under paragraphs (1) and (2) of this subsection, and any
revisions thereof, in the Federal Register.
Sec. 303. (a) The Commission may make loans to the Lowell
Development and Financial Corporation (established under chapter 844
of the Massachusetts General Laws and hereinafter referred to as the
"corporation") to enable the corporation to provide low interest loans
for the preservation, restoration, or development of any property
described in section 302(d)(1) of this Act. The Commission may make any
such loan to the corporation only after entering into a loan agreement
with the corporation which includes the following terms:
(1) The loan to the corporation shall have a maturity of
thirty-five years. At the end of such period, the corporation
shall repay to the Secretary of the Treasury (in a lump sum) for
deposit in the general fund of the Treasury the full amount of the
loan and any additional amounts accruing to the corporation
pursuant to this subsection excepting those amounts expended by
the corporation for reasonable administrative expenses.
(2) The money received from the Commission, and any
interest earned on such money, may be obligated by the
corporation only for low interest loans made under paragraphs (6)
and (7) of this subsection, except that the corporation may use
such money to the extent the Commission considers reasonable to
satisfy the cost of the corporation in administering the loan or
procuring loan guarantees or insurance.
(3) Within five years after receiving the loan from the
Commission, the corporation shall make loans under paragraphs (6)
and (7) of this subsection which, in the aggregate, obligate the
full amount of money received from the Commission (minus any
amount required to satisfy the costs described in paragraph (2) of
this subsection).
(4) As loans made under paragraphs (6) and (7) of this
subsection are repaid, the corporation shall make additional loans
under such paragraphs with the money made available for obligation
by such repayments.
(5) The corporation shall make available to the Commission and
to the Secretary, upon request, all acounts, financial records,
and other information related to loans made under paragraphs (6)
and (7) of this subsection.
(6) Before the corporation approves any application for a low
interest loan for which money has been made available to the
corporation by the Commission, the corporation shall require the
prospective borrower to furnish the corporation with a statement
from the Commission stating that the Commission has reviewed the
application and has determined that any loan received by the
prospective borrower will be spent in a manner consistent with--,
(A) the standards and criteria established pursuant to section
302 (e) of this Act, and
(B) the goals of the park preservation plan approved under
section 302(a) of this Act.
(7) The corporation may approve any application for a low
interest loan which meets the terms and conditions prescribed by
the corporation with the approval of the Commission and for which
money has been made available to the corporation by the Commission
if--,
(A) the prospective borrower furnishes the corporation with the
statment described in paragraph (6) of this subsection;
(B) the corporation determines that such borrower has
sufficient financial resources to repay the loan; and
(C) such borrower satisfies any other applicable credit
criteria established by the corporation.
In order to determine whether the corporation has complied with this
subsection, the Commission, or such other appropriate person or entity
as the Commission may designate, shall conduct an audit at least once
every two years of all accounts, financial records, and other
information related to loans made under paragraphs (6) and (7) of this
subsection. If the Commission determines, after conducting a hearing on
the record, that the corporation has substantially failed to comply with
this subsection, the outstanding balance of any loan made to the
corporation under this subsection shall become payable in full upon the
demand of the Commission.
(b)(1) The Commission may make grants to owners of property described
in section 302 (d)(1) of this Act for the preservation, restoration,
management, development, or maintenance of such property in a manner
consistent with the standards and criteria established pursuant to
section 302 (e) of this Act.
(2) The Commission, with the approval of the Secretary, may make
grants to any person or any public or private entity to provide for (i)
educational and cultural programs which encourage appreciation of the
resources of the park and preservation district, or (ii) any planning,
transportation, maintenance, or other services the Commission considers
necessary to carry out the purposes of the Act.
(3) Grants under this subsection shall be made under agreements which
specify the amount of the grant, the installments (if any) by which the
grant shall be paid to the grant recipient, the purpose for which the
grant may be used, and any other condition the Commission considers
appropriate. The Commission shall be entitled, under the terms of any
grant agreement, to recover from the recipient any funds used in a
manner inconsistent with such grant agreement.
(c) The Commission with the advice of the Secretary may provide
technical assistance to--,
(1) owners of property within the park or preservation
district to assist such owners in (A) making repairs to or
improvements in any property included in the index established
pursuant to section 302(d) of this Act, or (B) applying for loans
unde subsection (a) of this section; and
(2) any other person or public or private entity to assist
such person or entity in taking actions consistent with the
purpose of the Acts.
(d) The Commisssion shall make available to the Secretary, upon
request, all accounts, financial records, and other information of the
Commission relating to grants and loans made under this section.
(e) The Secretary shall make an annual report to the Congress
describing the loans, grants, and technical assistance provided under
this section and under section 203 of this Act. Such report shall
specify the amount, recipient, and purpose of any loan, grant or
technical assistance so provided and contain such additional information
as the Secretary considers appropriate.
Sec. 304. (a)(1) The Commission may acquire any property designated
in paragraph (3) of this subsection, any property described in section
302(d)(1) of this Act, or any interest therein, by donation, by purchase
with donated or appropriated funds, or by condemnation in accordaance
with paragraph (2) of this subsection.
(2) Only properties within the park or property designated in
paragraph (3) of this subsection may be acquired by the Commision by
condemnation. The Commission may initiate condemnation proceedings only
after making every reasonable effort to acquire any such property
through negotiations and purchase and consulting with the city council
of Lowell. No lands or interests therein may be acquired by the
Commission by condemnation without the approval of the Secretary.
(3) The Commission may acquire in accordance with paragraph (1) of
this subsection the following properties, or any interest therein:
(A) World Furniture Building, 125 Central Street; and
(B) The Martin Building, 102 - 122 Central Street.
(b) The Commission, with the approval of the Secretary, may sell or
lease any property which it acquires under subsection (a) of this
section subject to such deed restrictions or other conditions as the
Commission deems appropriate to carry out the purpose of this Act.
(c) Pursuant to a written agreement between the Commission and the
Commonwealth of Massachusetts, the Commission, with the approval of the
Secretary, may sell, donate, lease, or in any other manner the
Commission and the Secretary deem appropriate make available to the
Commonwealth any property which the Commission has acquired under
subsection (a) of this section in order to provide for the
administration or maintenance of such property by the Commonwealth in a
manner consistent with the purpose of this Act.
Sec. 305. (a) The Commission may for the purpose of carrying out this
Act // 140cc--35. // hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Commission may deem advisable. The Commission may administer oaths or
affirmations to witnesses appearing before it.
(b) When so authorized by the Commission, any member or agent of the
Commission may take any action which the Commission is authorized to
take by this section.
(c) Subject to section 552a of title 5, United States Code, the
Commission may secure directly from any department or agency of the
United States information necessary to enable it to carry out this Act.
Upon request of the chairman of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(d) Notwithstanding any other provision of law, the Commission may
seek and accept donations of funds, property, or services from
individuals, foundations, corporations, and other private entities, and
from public entities, for the purpose of carrying out its duties.
(e) The Commission may use its funds to obtain money from any source
under any program or law requiring the recipient of such money to make a
contribution in order to receive such money.
(f) The Commission may use the United States mails in the same manner
and upon the same conditions as other departments and agencies of the
United States.
(g) The Commission may obtain by purchase, rental , donation, or
otherwise, such property, facilities, and services as may be needed to
carry out its duties. Any acquisition of property by the Commission
shall be in accordance with section 304 of this Act: Provided, however,
That The Commission may not acquire lands or interests therin pursuant
to this subsection by condemnation. Upon the termination of the
Commission, all property, personal and real, and unexpended funds shall
be transferred to the Department of the Interior.
Sec. 306. (a) The Commission shall have a Director who shall be
appointed by the Commission and who shall be paid at a rate not to
exceed the rate of pay payable for grade GS--15 of the General Schedule.
(b) The Commission may appoint and fix the pay of such additional
personnel as the Commission deems desirable.
(c) The Director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid without regard
to the provisions of chapter 51, // 5 USC 5101 // and subchapter III of
chapter 53 // 5 USC 5331. // of such title relating to classification
and General Schedule pay rates, except that no individual so appointed
may receive pay in excess of the annual rate of basic pay payable for
grade GS--15 of the General Schedule.
(d) Subject to such rules as may be adopted by the Commission, the
Commission may procure temporary and intermittent services to the same
extent as is authorized by section 3109 (b) of title 5, United States
Code, but at rates determined by the Commission to be reasonable.
(e)(1) Upon request of the Commission, the head of any Federal agency
represented by members on the Commission may detail, on a reimbursable
basis, any of the personnel of such agency to the Commission to assist
it in carrying out its duties under this Act.
(2) The Administrator of the General Services Administration shall
provide to the Commission on a reimbursable basis such administrative
support services as the Commission may request.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1023 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 813 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 3, considered and failed passage in House.
Apr. 11, considered and passed House.
May 18, considered and passed Senate, amended.
May 23, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 23:
June 5, Presidential statement.
PUBLIC LAW 95-289, 92 STAT. 289
95 TH CONGRESS, S. 2370
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 4 of the
Volunteers in the National Forests Act of 1972 (16 U.S.C. 558d) is
amended by striking out ",but not more than $100,000 shall br
appropriated in any one year".
Sec. 2. The amendment made by this Act // 16 USC 558d // to the
Volunteers in the National Forests Act of 1972 shall become effective
October 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1180 (Comm. on Agriculture).
SENATE REPORT No. 95 - 671 (Comm. on Agriculture, Nutrition, and
Forestry).
Congressional Record, Vol. 124 (1978):
Mar. 8, considered and passed Senate.
May 22, considered and passed House.
PUBLIC LAW 95-288, 92 STAT. 281
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the District of Columbia for the fiscal year ending
September 30, 1978, and for other purposes, namely:
For salaries and expenses necessary to carry out the provisions of
the Act creating the Temporary Commission on Financial Oversight of the
District of Columbia (Public Law 94 - 399), $3,000,000, which shall be
available until expended: Provided, That the Temporary Commission on
Financial Oversight of the District of Columbia shall have the power to
appoint, fix the compensation of, and remove an Executive Director and
additional staff members without regard to chapter 51, subchapters III
and VI of chapter 53, and chapter 75 of title 5, United States Code, and
those provisions of such title relating to the appointment in the
competitive service. The Executive Director may be paid compensation at
a rate not to exceed the rate prescribed for level IV of the Federal
Executive Salary Schedule.
For payment to the District of Columbia for the fiscal year ending
September 30, 1978, $276,000,000, as authorized by the District of
Columbia Self-Government and Governmental Reorganization Act, Public Law
93 - 198, as amended (D.C. Code 47 - 2501d); and $28,116,000 in lieu of
reimbursements for charges for water and water services and sanitary
sewer services furnished to facilities of the United States Government
as authorized by the Act of May 18, 1954, as amended (D.C. Code 43 -
1541 and 1611); Provided, That notwithstanding any other provision of
law, the Mayor is authorized to request, within the limit of
appropriations made therefore in this title, payment in lieu of
reimbursements for water and water services and sanitary sewer services
furnished to facilities of the United States Government prior to October
1, 1977, and to be furnished in the fiscal year beginning October 1,
1977, and the Secretary of the Treasury is authorized to pay to the
District of Columbia on October 1, 1977, such sums as the Mayor may
certify are required to furnish such services.
For loans to the District of Columbia, as authorized by the District
of Columbia Self-Government and Governmental Reorganization Act, Public
Law 93 - 198; the District of Columbia Appropriation Act, 1976, Public
Law 94 - 333; and the District of Columbia Appropriation Act, 1977,
Public Law 94 - 446; $92,000,000, which together with balances of
previous appropriations for this purpose, shall remain available until
expended and be advanced upon request of the Mayor.
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided:
General operating expenses, $90,862,600, of which $799,300 shall be
payable from the revenue sharing trust fund: Provided, That not to
exceed $2,500 for the Mayor and $2,500 for the Chairman of the Council
of the District of Columbia shall be available from this appropriation
for expenditures for official purposes: Provided further, That, for the
purpose of assessing and reassessing real property in the District of
Columbia, $5,000 of this appropriation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals not in
excess of $100 per diem: Provided further, That not to exceed $7,500 of
this appropriation shall be available for test borings and soil
investigations: Provided further, That $5,838,600 of this appropriation
(to remain available until expended) shall be available solely for
District of Columbia employees' disability compensation: Provided
further, That not to exceed $325,000 of this appropriation shall be
available for settlement of property damage claims not in excess of
$1,500 each and personal injury claims not in excess of $5,000 each:
Provided further, That not to exceed $50,000 of any appropriations
available to the District of Columbia may be used to match financial
contributions from the Department of Defense to the District of Columbia
Office of Emergency Preparedness for the purchase of civil defense
equipment and supplies approved by the Department of Defense, when
authorized by the Mayor: Provided further, That $3,000,000 of this
appropriation (to remain available until expended) shall be for the
District of Columbia's contribution toward the expenses of the Temporary
Commission on Financial Oversight of the District of Columbia, as
authorized by Public Law 94 - 399, September 4, 1976: Provided further,
That funds appropriated in fiscal year 1977 as the District of
Columbia's contribution toward the expenses of the Temporary Commission
on Financial Oversight of the District of Columbia shall remain
available until expended.
For an additional amount for " General operating expenses", fiscal
year 1977, $625,100: Provided, That obligational authority of
$1,279,070 is authorized for expenditures incurred in the fiscal year
ending June 30, 1976, and the period July 1, 1976 through September 30,
1976, for disability compensation payments as required by 5 U.S.C.
8139: Provided further, That obligational authority of $449,500 is
authorized for expenditures incurred in the fiscal year ending June 30,
1976, and $737,600 for the period July 1, 1976 through September 30,
1976, for unemployment compensation as required by the District of
Columbia Unemployment Compensation Act, approved August 28, 1935 (49
Stat. 946), as amended (title 46, ch. 3, D.C. Code, 1973 Edition).
Public safety, including purchase of two hundred and sixty-five
passenger motor vehicles for replacement only (including two hundred and
sixty for police-type use and five for fire-type use without regard to
the general purchase price limitation for the current fiscal year);
$263,771,000, of which $5,530,400 shall be payable from the revenue
sharing trust fund, and $4,000,000 shall be payable from funds to be
received under Title II, Public Works Employment Act // 42 USC 6721. //
(Public Law 94 - 369), as amended: Provided, That the Police Department
is authorized to replace not to exceed twenty-five passenger carrying
vehicles, and the Fire Department not to exceed five such vehicles
annually whenever the cost of repair to any damaged vehicle exceeds
three-fourths the cost of the replacement: Provided further, That
$700,000 of the funds appropriated for expenses under the Criminal
Justice Act of 1974 (Public Law 93 - 412) for fiscal year 1978 shall be
available for obligations incurred under that Act in fiscal year 1975,
fiscal year 1976, and fiscal year 1977: Provided further, That not to
exceed $200,000 shall be available from this appropriation for the Chief
of Police for the prevention and detection of crime: Provided further,
That $100,000 shall be available for the third party custody program.
For an additional amount for " Public safety", fiscal year 1977,
$2,151,000.
Education, including the development of national defense education
programs, $264,679,200, of which $7,722,800 shall be payable from the
revenue sharing trust fund, and $4,000,000 shall be payable from funds
to be received under Title II, Public Works Employment Act // 42 USC
6721. // (Public Law 94 - 369), as amended: Provided, That the
District of Columbia Public Schools are authorized to accept not to
exceed thirty-one motor vehicles for exclusive use in the driver
education program: Provided further, That not to exceed $1,000 for the
Superintendent of Schools and $2,000 for the President of the University
of the District of Columbia shall be available from this appropriation
for expenditures for official purposes: Provided further, That not less
than $21,814,000 of this appropriation shall be transferred to the
Teachers Retirement Fund, in accordance with the provisions of section 7
of the Act of August 7, 1946 (l0 Stat. 879, as amended; D.C. Code, sec.
31 - 727) Provided further, That not less than $5,392,000 of this
appropriation shall be used exclusively for maintenance of the public
schools.
For an additional amount for " Education", fiscal year 1977,
$2,800,000: Provided, That not less than $14,605,000 of the amount
appropriated for fiscal year 1977 shall be transferred to the Teachers'
Retirement Fund in accordance with the provisions of section 7 of the
Act of August 7, 1946 (60 Stat. 879, as amended; D.C. Code, sec. 31 -
727).
Recreation, $17,551,000, of which $208,200 shall be payable from the
revenue sharing trust fund.
Human resources, including care and treatment of indigent patients in
institutions under contracts to be made by the Director of the
Department of Human Resources, $283,462,300, of which $6,520,000 shall
be payable from the revenue sharing trust fund: Provided, That the
inpatient rate under such contracts shall not exceed $76 per diem and
the outpatient rate shall not exceed $12 per visit, and the inpatient
rate (excluding the proportionate share for repairs and construction)
for services rendered by Saint Elizabeths Hospital for patient care
shall be $25.18 per diem: Provided further, That total reimbursements
to Saint Elizabeths Hospital, including funds from title XIX of the
Social Security Act // 42 USC 1396 // shall not exceed the amount for
the fiscal year 1970: Provided further, That the hospital rates
specified herein shall not apply, beginning July 1, 1969, to services
provided to patients who are eligible for such services under the
District of Columbia plan for medical assistance under title XIX of the
Social Security Act: Provided further, That this appropriation shall be
available for the furnishing of medical assistance to individuals
sixty-five years of age or older who are residing in the District of
Columbia: Provided further, That $15,134,700 of this appropriation
shall be available for care and treatment of the mentally retarded at
Forest Haven: Provided further, That authorization is hereby provided
to the Government of the District of Columbia to fund the Special
Education tuition grants and increased bed capacity at D.C. Village out
of funds heretofore appropriated to such Government for fiscal year
1977, but not to exceed $391,000 for tuition grants and $1,095,500 for
D.C. Village.
Transportation, including rental of one passenger-carrying vehicle
for use by the Mayor and purchase of twenty passenger-carrying vehicles,
of which eleven shall be for replacement only, $59,713,900, of which
$6,262,300 shall be payable from the revenue sharing trust fund:
Provided, That this appropriation shall not be available for the
purchase of driver-training vehicles: Provided further, That $704,300
of the amount for interest payments on Metrorail revenue bonds
appropriated for fiscal year 1977 shall be available for the District of
Columbia's share of the Metrorail operating subsidy for fiscal year
1978.
For an additional amount for " Transportation", fiscal year 1977,
$1,309,100: Provided, That $968,900 of the amount appropriated for
fiscal year 1976 and $3,034,200 of the amount appropriated for the
period July 1, 1976 through September 30, 1976, for the Metrobus
operating subsidy shall be available for the District of Columbia's
share of the Metrobus operating subsidy for fiscal year 1977: Provided
further, That $428,100 of the funds available for interest payments on
Metrorail revenue bonds shall be available for the District of
Columbia's share of the Metrorail operating subsidy.
Environmental services, $68,191,900, of which $1,500,000 shall be
payable from the revenue sharing trust fund: Provided, That this
appropriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business or from
apartment houses with four or more apartments, or from any building or
connected group of buildings operating as a rooming or boarding house as
defined in the housing regulations of the District of Columbia.
For pay increases and related costs, to be transferred by the Mayor
of the District of Columbia to the appropriations for the fiscal year
1978 from which employees are properly payable, $65,549,400.
For an additional amount for " Personal Services", fiscal year 1978,
$435,300.
For an additional amount for " Settlement of claims and suits",
fiscal year 1977, $58,000.
For reimbursement to the United States of funds loaned in compliance
with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat.
103, 109, and 110), as amended: section 9 of the Act of September 7,
1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958
(72 Stat. 183), as amended; section 4 of the Act of June 12, 1960 (74
Stat. 211), as amended; and section 723 of the District of Columbia
Self-Government and Governmental Reorganization Act (Public Law 93 -
198), as amended; the District of Columbia Appropriation Act, 1977,
Public Law 94 - 446, including interest as required thereby,
$125,668,500: Provided, That there is hereby appropriated from the
funds of the District of Columbia $9,900,000, without fiscal year
limitation, for the purposes of the sinking fund established by section
6(a) of the District of Columbia Stadium Act of 1957, as amended.
For reimbursement to the United States of funds loaned in compliance
with the Act of August 7, 1946 (60 Stat. 896), as amended, construction
projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), May
18, 1954 (68 Stat. 105, 110), July 2, 1954 (68 Stat. 443) June 6, 1958
(2 Stat. 183), August 20 ,1958 (72 Stat. 686), and the Act of December
9, 1969 (83 Stat. 321); including acquistion of sites; preparation of
plans and specifications; conducting preliminary surveys; erection of
structures, including building improvement and alteration and treatment
of grounds; to remain available until expended, $129,173,400:
Provided, That none of the funds appropriated for the Washington Civic
Center shall be obligated until the Subcommittees on the District of
Columbia Appropriations of the House of Representatives and the Senate
have approved the plan submitted by the Mayor and the City Council for
the Washington Civic Center, of which $531,000 shall be available for
fiscal year 1974, $586,000 shall be available for fiscal year 1975,
$572,000 shall be available for fiscal year 1976, $158,000 shall be
available for the period July 1, 1976 through September 30, 1976, and
$653,000 shall be available for fiscal year 1977, for obligations
incurred pursuant to the Act of July 2, 1954 (68 Stat. 443): Provided,
That $13,031,400 shall be available for construction services by the
Director of the Department of General Services or by contract for
architectural engineering services, as may be determined by the Mayor,
and the funds for the use of the Director of the Department of General
Services shall be advanced to the appropriation account " Construction
Services, Department of General Services": Provided further, That the
amount appropriated to the Construction Services Fund, Department of
General Services, be limited, during the current fiscal year, to ten per
centum of appropriations for all construction projects, except for
Project Numbered 24 - 99, Permanent Improvements, for which construction
services shall be limited to twenty per centum of the appropriation:
Provided further, Notwithstanding the foregoing, all authorizations for
capital outlay projects, except those projects covered by the first
sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public
Law 90 - 495, approved August 23, 1968), for which funds are provided by
this parpgraph, shall expire on September 30, 1979, except
authorizations for projects as to which funds have been obligated in
whole or in part prior to such date. Upon expiration of any such
project authorization the funds provided herein for such project shall
lapse: Provided further, That none of the funds appropriated for the
construction of the University of the District of Columbia shall be
obligated until the Mayor, the City Council and House and Senate
Committees on Appropriations have approved the consolidated master plan
for the construction of the University of the District of Columbia.
Sec. 201. Except as otherwise provided in this title herein, all
vouchers covering expenditures of appropriations contained in this title
shall be audited before payment by the designated certifying official
and the vouchers as approved shall be paid by checks issued by the
designated disbursing official.
Sec. 202. Whenever in this title an amount is specified within an
appropriation for particular purposes or object of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount which may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 203. Appropriations in this title shall be available, when
authorized or approved by the Mayor, for allowances for privately-owned
conveyances used for the performance of official duties at 13 cents per
mile but not to exceed $45 a month for each automobile and at 8 cents
per mile but not to exceed $30 a month for each motorcycle, unless
otherwise therein specifically provided, except that one hundred and
thirteen (eighteen for venereal disease investigators in the Department
of Human Resources) such automobile allowances at not more than $715
each per annum may be authorized or approved by the Mayor.
Sec. 204. Appropriations in this title shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor.
Sec. 205. Appropriations in this title shall not be used for or in
connection with the preparation, issuance, publication, or enforcement
of any regulation or order of the Public Service Commission requiring
the installation of meters in taxicabs, or for or in connection with the
licensing of any vehicle to be operated as a taxicab except for
operation in accordance with such system of uniform zones and rates and
regulations applicable thereto as shall have been prescribed by the
Public Service Commission.
Sec. 206. Appropriations in this title shall not be available for the
payment of rates for electric current for street lighting in excess of 2
cents per kilowatt-hour for current consumed.
Sec. 207. There are hereby appropriated from the applicable funds of
the District of Columbia such sums as may be necessary for making
refunds and for the payment of judgments which have been entered against
the government of the District of Columbis: Provided, That nothing
contained in this section shall be construed as modifying or affecting
the provisions of paragraph 3, subsection (c) of section 11 of title XII
of the District of Columbia Income and Franchise Tax Act of 1947, as
amended.
Sec. 208. Appropriations in this title shall be available for the
payment of public assistance without reference to the requirement of
subsection (b) of section 5 of the District of Columbia Public
Assistance Act of 1962 and for the non-Federal share of funds necessary
to qualify for Federal assistance under the Act // 42 USC 3801. // of
July 31, 1968 (Public Law 90 - 445).
Sec. 209. No part of any appropriation contained in this title shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 210. No part of any funds appropriated by this title shall be
used to pay the compensation (whether by contract or otherwise) of any
individual for performing services as a chauffeur or driver for any
designated officer or employee of the District of Columbia government
(other than the Mayor of the District of Columbia, Chief of Police, and
Fire Chief), or for performing services as a chauffeur or driver of a
motor vehicle assigned for the personal or individual use of any such
officer or employee (other than the Mayor of the District of Columbia,
Chief of Police, and Fire Chief). No part of any funds appropriated by
this title, in excess of $1,000 per month in the aggregate ($12,000 per
annum) shall be used to pay the compensation (whether by contract or
otherwise) of individuals for performing services as a chauffeur or
driver for the Mayor of the District of Columbia, or for performing
services as a chauffeur or driver of a motor vehicle assigned for the
personal or individual use of the Mayor of the District of Columbia.
Sec. 211. Not to exceed 4 1/2 per centum of the total of all funds
appropriated by this title for personal compensation may be used to pay
the cost of overtime or temporary positions.
Sec. 212. The total expenditure of funds appropriated by this title
for authorized travel and per diem costs outside the District of
Columbia, Maryland, and Virginia shall not exceed $225,000.
Sec. 213. Appropriations in this title shall not be available, during
the fiscal year ending September 30, 1978, for the compensation of any
person appointed--
(1) as a full-time employee to a permanent, authorized position
in the government of the District of Columbia during any month
when the number of such employees is greater than 36,000; or (2)
as a temporary or part-time employee in the government of the
District of Columbia during any month in which the number of such
employees exceeds the number of such employees for the same month
of the preceding fiscal year.
Sec. 214. No funds appropriated in this title, for the government of
the District of Columbia for the operation of educational institutions,
the compensation of personnel, or for other educational purposes may be
used to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community group during nonschool
hours.
Sec. 215. Appropriations in this title shall be available for
services as authorized by 5 U.S.C. 3109, at rates to be fixed by the
Mayor.
Sec.216. The annual budget for the District of Columbia government
for fiscal year 1979 shall be transmitted to the Congress by not later
than February 1, 1978.
This Act may be cited as the " District of Columbia appropriations
Act, 1978".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 596 (Comm. on Appropriations).
SENATE REPORT No. 95 - 439 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Oct. 4, considered and passed Senate, amended.
report and concurred in
Senate amendments with amendments.
PUBLIC LAW 95-287, 92 STAT. 280
Whereas thiry years ago the Congress passed the Vandenberg
Resolution, which has come to represent the highest qualities of
bipartisan statesmanship; and
Whereas the North Atlantic Alliance has preserved the peace in Europe
for an entire generation, allowing its members to attain unprecedented
levels of prosperity and well-being for their people; and
Whereas the leaders of the Alliance will gather in Washington, D.C.,
on May 30 and 31, 1978, to renew their adherence to its principles and
rededicate thermselves to its objectives; and
Whereas this meeting will be the capstone of efforts to ensure that
the needs of collective security will bemet over the next decade: Now,
therefore, be it
Resolved by the Senate and the House of Representatives of the United
States of America in Congress assembled, That the North Atlantic
Alliance be reaffirmed as a vital commitment and cornerstone of United
States foreign folicy, and that the bipartisan spirit that inspired its
birth be rededicated to the purpose of strengthening it further in the
cause of peace and security.
Sec. 2. The Congress recognizes the extraordinary success of the
North Atlantic Alliance in fulfilling its goals of safeguarding the
freedom, common heritage and civilization of its peoples, founded on the
principles of democracy, individual liberty and the rule of law.
Sec. 3. On the occasion of the NATO summit meeting in Washington,
the Congress declares its support for efforts to reaffirm the unity of
the North Atlantic Alliance, to strengthen its defensive capabilities to
meet threats to the peace, and on this basis to persevere in attempts to
lessen tensions with the Warsaw Pact States.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 24, considered and passed Senate.
May 25, considered and passed House.
PUBLIC LAW 95-286, 92 STAT. 278
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Woodrow Wilson
Memorial Act of 1968 (20 U.S.C. 80e-80j) is amended--,
(1) by redesignating sections 5 through 7 as sections 6 through
8, respectively, and
(2) by inserting after section 4 the following new section:
" Sec. 5. // 20 USC 80g-1. // (a) There is hereby established in
the Center a Hubert H. Humphrey Fellowship in Social and Political
Thought.
"(b) Each year the Board shall select a distinguished scholar,
statesman, or cultural figure, from the United States or abroad, to
serve at the Center for a period of up to one year as the Hubert H.
Humphrey Fellow in Social and Political Thought (hereinafter in this
section referred to as the ' Humphrey Fellow'). Each Humphrey Fellow
shall receive compendation in an amount, determined by the Board, not to
exceed the annual income of the trust fund established under subsection
(d).
"(c) Each Humphrey Fellow shall--,
"(1) deliver a Hubert H. Humphrey Memorial Lecture; and
"(2) carry out such projects and work as are consistent with
the Humphrey Fellowship.
The Board shall provide for the publication and dissemination of the
Hubert H. Humphrey Memorial Lectures.
"(d)(1) There is hereby estabished in the Treasury of the United
States a trust fund to be known as the Hubert H. Humphrey Fellowship
Trust Fund (hereinafter in this section referred to as the 'fund') The
Secretary of the Treasury shall deposit in the fund such sums as may be
appripriated to the fund under subsection (f) ans shall receive into the
Treasury and deposit into the fund such sums as may be received as
contributions to the fund.
"(2) The Secretary of the Treasury shall invest amounts in the fund
in public debt securities with maturities suitable for the needs of the
fund and bearing interest at prevailing market rates; and the interest
on such investments shall be credited to and form a part of the fund.
"(3) Notwithstanding section 4(a)(2) any gift, bequest, or devise of
money, securities or other property for the benefit of the Hubert H.
Humphrey Fellowship in Social and Political Thought received by the
Board shall, upon receipt, be deposited into the fund as provided by
paragraph (1).
"(e) The Secretary of the Treasury shall pay to the Board from
amounts received as interest on investments under subsection (d)(2) such
sums as the Board determines are necessary and appropriate for the
purposes of the Humphrey Fellowship.
"(f) There is authorized to be appropriated to the fund for the
fiscal year beginning October 1, 1978, $1,000,000.".
Sec. 2. Section 4(a)(2) of the Woodrow Wilson Memorial Act of 1968
(20 U.S.C. 80g(a)(2)) is amended by striking out "devices" and inserting
in lieu thereof "devises".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1062 (Comm. on House Administration).
SENATE REPORT No. 95 - 794, accompanying S. 2730 (Comm. on Rules and
Administration).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 1, considered and failed of passage in House.
May 15, considered and passed House.
May 16, S. 2730 considered and passed Senate; proceedings
vitiated and H.R. 10392 passed in lieu.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 22: May
30, Presidential statement.
PUBLIC LAW 95-285, 92 STAT. 277
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the lake located
behind the Lower Monumental Lock and Dam, Washington, a part of the
project authorized by the Act of March 2, 1945 (Public Law 14,
Seventy-ninth Congress, first session), // 59 STAT. 10. // in
accordance with the plan submitted in House Document Numbered 704,
Seventy-fifth Congress, third session, shall hereafter be known as Lake
Herbert G. West, and any law, regulation, document, or recordof the
United States in which such lake is designated or referred to as " Lower
Monumental Lake" or is referred to by any other name, shall beheld to
refer to such lake under and by the name of " Lake Herbert G. West".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1095 accompanying H.R. 10838 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 95 - 721 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 5, considered and passed Senate.
May 15, H.R. 10838 considered and passed House; proceedings
vacated and S. 1568 passed in lieu.
PUBLIC LAW 95-284, 92 STAT. 276
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1978:
For an additional amount for the "disaster loan fund", $758,000,000:
Provided, That $750,000,000 of such amount shall remain available
without fiscal year limitation and $8,000,000 shall be transferred to "
Salaries and expenses".
For an additional amount for " Employment and Training Assistance,"
$63,000,000, to remain available until September 30, 1979.
PAYMENTS TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS
For payment to Norma C. Mc Clellan, widow of John L. Mc Clellan, late
a Senator from the State of Arkansas, $57,500.
For payment to Donna H. Metcalf, widow of Lee Metcalf, late a Senator
from the State of Montana, $57,500.
For payment to Muriel Humphery, widow of Hubert H. Humphery, late the
Deputy President Pro Tempore of the Senate and a Senator from the State
of Minnesota, $65,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1105 (Comm. on Appropriations).
SENATE REPORT No. 95 - 801 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 8, considered and passed House.
May 11, considered and passed Senate, amended.
May 12, House concurred in Senate amendments.
PUBLIC LAW 95-283, 92 STAT. 249, SECURITIES INVESTORS PROTECTION ACT
AMENDMENTS OF 1978
Be it enacted by the Senate and House Of Representatives of the
United States of America in Congress assembled,
SECTION 1. This Act // 15 USC 78aaa // may be cited as the "
Securities Investor Protection Act Amendments of 1978".
Sec. 2. (a) Section 3 (a) of the Securities Protection Act of 1970
(15 U.S.C. 78ccc(a)) is amended to read as follows:
"(a) Creation and Membership. --,
"(1) Creation. --There is hereby established a body corporate
to be known as the ' Securities Investor Protection Corporation'
(hereafter in this Act referred to as ' SIPC'). SIPC shall be a
nonprofit corporation and shall have succession until dissolved by
Act of the Congress. SIPC shall--,
"(2) Membership. --,
corporation the members of which shall be all persons
registered
as brokers or dealers under section 15 (b) of the 1934
Act,
// 15 USC 78o. //
other than--,
Commission a copy of any determination made pursuant to
subparagraph (A) (i). Within thirty days after the
date of
such filing, or within such longer period as the
Commission
may designate of not more than ninety days after such
date
if it finds such longer period to be appropriate and
publishes
its reasons for so finding, the Commsission shall,
consistent
with the public interest and the purposes of this Act,
affirm,
reverse, or amend any such determination of SIPC.
that persons excluded from membership in SIPC under
subparagraph
(A) (i) may become members of SIPC under such
conditions and upon such terms as SIPC shall require by
rule,
taking into account such matters as the availability of
assets
and the ability to conduct a liquidation if necessary.
membership in SIPC under subparagraph (A) (i) shall,
as
required by the Commission by rule, make disclosures of
its
exclusion and other relevant information to the
customers
of such broker or dealer who are living in the United
States
or its territories and possessions.".
(b) Section 3(f) of such Act (15 U.S.C. 78ccc (f)) is repealed.
Sec. 3 Section 3(b) of such Act (15 U.S.C. 78ccc (b) is
amended--,
(1) in paragraph (1), by striking out "court, State, or
Federal" and inserting " State, Federal, or other court" in
lieu thereof; and
(2) by striking out paragraph (3), redesignating paragraphs (4)
through (8) as paragraphs (5) through (9), respectively, and
inserting immediately after paragraph (2) the following new
paragraphs:
"(3) to adopt, amend, and repeal, by its Board of Directors,
such bylaws as may be necessary or appropriate to carry out the
purposes of this Act, including bylaws relating to--,
"(4) to adopt, amend, and repeal, by its Board of Directors,
such rules as may be necessary or appropriate to carry out the
purposes of this Act, including reles relating to--,
Sec. 4. (a) Section 3(c) (2) (C) (ii) of such Act (15 U.S.C. 78ccc
(c) (2) (C) (ii) is amended by striking out "associated with any" and
all that follows through "group" and inserting in lieu thereof
"associated with a broker or dealer or associated with a member of a
national securities exchange, within the meaning of section 3(a) (18) or
section (3)(a) (21), respectively, of the 1934 Act, // 15 USC 78c. //
or similarly associated with any self-regulatory organization or other
securities industry group,".
(b) Section 3(c) (5) of such Act (15 U.S.C. 78ccc(c) (5)) is amended
to read as follows:
SEC. 5. Section 3(e) of such Act (15 U.S.C. 78ccc(e)) is amended to
read as follows:
"(E) Bylaws and Rules.--,
"(1) Proposed bylaw changes.--The Board of Directors of SIPC
shall file with the Commission a copy of any proposed bylaw or any
proposed amendment to or repeal of any bylaw of SIPC (hereinafter
in this paragraph collectively referred to as a proposed bylaw
change'), accompanied by a concise general statement of the basis
and purpose of such proposed bylaw change. Each such proposed
bylaw change shall take effect thirty days after the date of the
filing of a copy thereof with the Commission, or upon such later
date as SIPC may designate or such earlier date as the Commission
may determine, unless--,
"(2) Proposed rule changes.--,
filing of any proposed rule change, publish notice
thereof, together with the terms of substance of such
proposed rule change or a description of the subjects
and issues involved. The Commission
shall give
interested persons an opportunity to submit written
data,
views, and arguments with respect to such proposed rule
change. No proposed rule change shall take effect
unless
approved by the Commission or otherwise permitted in
accordance with the provisions of this paragraph.
proceedings, the
Commission
shall, by order, approve or disapporve such proposed
rule change. The Commission may extend the time for
conclusion
of such proceedings for not more than sixty days if
it finds good cause for such extension and publishes
its
reasons
for so finding, or for such longer period as to which
SIPC
consents.
Commission
shall
disapprove a proposed rule change if it does not make
the
finding referred to in the preceding sentence. The
Commission
shall not approve any proposed rule change prior to
thirty days after the date of publication of notice of
the filing
thereof, unless the Commission finds good cause for so
doing
and publishes its reasons for so finding.
takes effect under this clause shall be filed promptly
thereafter and reviewed in accordance with the
provisions of subparagraph (A).
At any time within sixty days after the date of filing
of
any rule change which has taken effect pursuant to this
subparagraph, the Commission may summarily abrogate
such rule change and require that it be refiled and
reviewed
in accordance with the provisions of this paragraph, if
the Commission finds that such action is necessary or
appropriate in the public interest, for the protection
of
investors, or otherwise in furtherance of the purposes
of
this Act. Any action of the Commission pursuant to
the
preceding sentence shall not effect the validity or
force of
a rule change during the period it was in effect and
shall
not be reviewable under section 25 of the 1934 Act
// 15 USC 78y. //
or deemed
to be final agency action for purposes of section 704
of
title 5, United States Code.
"(3) Action required by commission.--The Commission may, by
such rules as it determines to be necessary or appropriate in the
public interest or to carry out the purposes of this Act, require
SIPC to adopt, amend, or repeal any SIPC bylaw or rule, whenever
adopted.".
SEC. 6. (a) Section 4(a) such Act (15 U.S.C. 78ddd(a) is amended--,
(1) in paragraph (2), by striking out " The" and inserting in
lieu thereof "except as otherwise provided in this section, the";
(2) by amending paragraph (2) (C) to read as follows:
(3) by adding at the end thereof the following new
paragraph:
"(4) Other lines.--SIPC may maintain such other confirmed lines
of credit as it considers necessary or appropriate, and such other
confirmed lines of credit shall not be included in the balance of
the fund, but amounts received from such lines of credit may be
disbursed by SIPC under this Act as though such amounts were part
of the fund.".
(b) Section 4(c) of such Act (15 U.S.C. 78ddd(c)) is amended--,
(1) by striking out "or rule" each place it appears; and
(2) in paragraph (3), by striking out "(other than section 3(
f)".
(c) Section 4(d) (1) of such Act (15 U.S.C. 78ddd(d) (1)) is amended
by adding at the end thereof the following new subparagraph:
"(C) Mininum assessment.--The minimum assessment imposed upon
each member of SIPC shall be $25 per annum through the year ending
December 31, 1979, and thereafter shall be the amount from time to
time set by SIPC bylaw, but in no event shall the minimum
assessment be greater than $150 per annum.".
(d) Section 4(e) of such Act (15 U.S.C. 78ddd(e)) is amended--,
(1) by amending paragraph (2) to read as follows:
"(2) OVERPAYMENTS. -- To the extent that any payment by a
member exceeds the maximum rate permitted by subsection (c) of
this section, the excess shall be recoverable only against future
payments by such member, except as otherwise provided by SIPC
bylaw,"; and
(2) by amending paragraph (3) to read as follows:
"(3) Underpayments.--If a member fails to pay when due all or
any part of an assessment made upon such member, the unpaid
portion thereof shall bear interest at such rate as may be
determined by SIPC bylaw and, in addition to such interest, SIPC
may impose such penalty charge may be determined by SIPC bylaw.
Any such penalty charge imposed upon a SIPC member shall not
exceed 25 per centum of any unpaid portion of the assessment.
SIPC may waive such penalty charge in whole or in part in
circumstances where it considers such waiver appropriate.".
(e) Section 4(f) of such Act (15 U.S.C. 78ddd(f) is amended by
striking out "examining authority as".
(f) Section 4(g) of such Act (15 U.S.C. 78ddd(g)) is amended by
striking out the last two sentences and inserting in lieu thereof the
following; " For the purposes of the next preceding sentence, (1) the
fee shall be based upon the total dollar amount of each purchase; (2)
the fee shall not apply to any purchase on a national securities
exchange or in an over-the-counter market by or for the account of a
broker or dealer registered under section 15(b) of the 1934 Act // 15
USC 78o. // unless such purchase is for an investment account of such
broker or dealer (and for this purpose any transfer from a trading
account to an investment account shall be deemed a purchase at fair
market value); and (3) the Commission may, by rule, exempt any
transaction in the over-the-counter markets or on any national
securities exchange where necessary to provide for the assessment of
fees on purchasers in transactions in such markets and exchangnges on a
comparable basis. Such fee shall be collected by the broker or dealer
effecting the transaction for or with the purchaser, or by such other
person as provided by the Commission by rule, and shall be paid to SIPC
in the same manner as assessments imposed pursuant to subsection (c) but
without regard to the limits on such assessments, or in such other
manner as the Commission may by rule provide.".
(g) Section 4(i) of such Act (15 U.S.C. 78ddd(i)) is amended to read
as follows:
"(i) Consolidated group.--Except as otherwise provided by SIPC bylaw,
gross revenues from the securities business of a member of SIPC shall be
computed on a consolidated basis for such member and all its
subsidiaries (other than the foreign subsidiaries of such member), and
the operations of a member of SIPC shall include those of any business
to which such member has succeeded.".
SEC. 7. (a) Section 5(a) of such Act (15 U.S.C. 78eee(a)) is
amended by striking out paragraphs (2) and (3) and inserting in lieu
thereof the following new paragraphs:
"(2) Action by self-regulatory organization.--If a
self-regulatory organization has given notice to SIPC pursuant to
subsection (a) (1) with respect to a broker or dealer, and such
broker or dealer undertakes to liquidate or reduce its business
either pursuant to the direction of a self-regulatory organization
or voluntarily, such self-regulatory organization may render such
assistance or oversight to such broker or dealer as it considers
appropriate to protect the interests of customers of such broker
or dealer. The assistance or oversight by a self-regulatroy
organization shall not be deemed the assumption or adoption by
such self-regulatory organization of any obligation or liability
to customers, other creditors, shareholders, or partners of the
broker or dealer, and shall not prevent or act as a bar to any
action by SIPC.
"(3) Action by SIPC.-- If SIPC determines that--,
(b) (1) exist with respect to such member, SIPC may, upon
notice to such member, file an application for a protective decree
with any court of competent jurisdiction specified in section
21(e) or 27 of the 1934 Act,
// 15 USC 78u, 78aa. //
except that no such application shall be filed with respect to a
member the only customers of which are persons whose claims could
not be satisfied by SIPC advances pursuant to section 9.
// 15 USC 78iii. //
"(4) Effect of other pending actions.--An application with
respect to a member of SIPC filed with a court under paragraph
(3)--,
(b) Section 5(b) of such Act (15 U.S.C. 78eee(b)) is amended to read
as follows:
"(b) Court Action.--,
"(1) Issuance of protective decree.--Upon receipt of an
application by SIPC under subsection (a) (3), the court shall
forthwith issue a protective decree if the debtor consents
thereto, if the debtor fails to contest such application, or if
the court finds that such debtor--,
// 11 USC prec. 1. //
or is unable to meet its obligations as they mature;
// 15 USC 78a. //
or rules of the Commission or any self-regulatory
organization with respect to financial responsibility
or hypothecation of customers' securities; or
Unless the debtor consents to the issuance of a protective decree,
the application shall be heard three business days after the date
on which it is filed, or at such other time as the court shall
determine, taking into consideration the urgency which the
circumstances require.
"(2) Jurisdiction and powers of court.--,
// 11 USC 108 //
and the right to enforce a valid, nonpreferential lien
or pledge against the property of the debtor; and
"(3) Appointment of trustee and attorney.--If the court issues
a protective decree under paragraph (1), such court shall
forthwith appoint, as trustee for the liquidation of the business
of the debtor and as attorney for the trustee, such persons as
SIPC, in its sole discretion, specifies. The persons appointed as
trustee and as attorney for the trustee may be associated with the
same firm. SIPC may, in its sole discretion, specify itself or
one of its employees as trustees in any case in which SIPC has
determined that the liabilities of the debtor to unsecured general
creditors and to subordinated lenders appear to aggregate less
than $750,000 and that there appear to be fewer than five hundred
customers of such debtor. No person may be appointed to serve as
trustee or attorney for the trustee if such person is not
disinterested within the meaning of paragraph (6), except that for
any specified purpose other than to represent a trustee in
conducting a liquidation proceeding, the trustee may, with the
approval of SIPC and the court, employ an attorney who is not
disinterested. A trustee appointed under this paragraph shall
qualify by filing a bond in the manner prescribed by the
applicable provisions of the Bankruptcy Act,
// 11 USC prec. 1. //
except that neither SIPC nor any employee of SIPC shall be
required to file a bond when appointed as trustee.
"(4) Reference to referee in bankruptcy.--If the court issues a
protective decree and appoints a trustee under this section, such
court may, at any stage of the proceeding, refer the proceeding to
a referee in bankurptcy to hear and determine any or all matters,
or to a referee in bankruptcy as special master to hear and report
generally or upon specified matters. Only under special
circumstances shall a reference be made to a special master who is
not a referee in bankruptcy.
"(5) Compensation for services and reimbursement of
espenses.--,
be granted on an interim basis
during
the course of the liquidation proceeding at such times
and
in such amounts as the court considers appropriate.
shall be served
upon
SIPC when filed. The court shall fix a time for a
hearing
on such application, and notice of such hearing shall
be
given to the applicant, the trustee, the debtor, the
creditors,
SIPC, and such other persons as the court may
designate,
except that notice need not be given to customers whose
claims
have been or will be satisfied in full or to creditors
who cannot
reasonably be expected to receive any distribution
during the
course of the liquidation proceeding.
determining
the amount of allowances in all other cases, the court
shall give due consideration to the nature, extent, and
value
of the services rendered, and shall place considerable
reliance
on the recommendation of SIPC.
// 11 USC prec. 1. //
shall apply to allowances.
insufficient to pay allowances in whole or in part, SIPC
shall advance such funds as are necessary for such
payment. "(6) Disinterestedness.--,
be mailed
at
least ten days prior thereto to each person who, from
the
books and records of the debtor, appears to have been a
customer
of the debtor with an open account within the past
twelve months, to the address of such person as it
appears
from the books and records of the debtor, and to the
creditors
and stockholders of the debtor, to SIPC, and to such
other
persons as the court may designate. The court may, in
its
discretion, also require that notice be given by
publication in
such newspaper or newspapers of general circulation as
it
may designate. At such hearing, at any adjournment
thereof,
or upon application, the court shall hear objections to
the
retention in office of a trustee or attorney for a
trustee on the
grounds that such person is not disinterested."
(c) Section 5 of such Act (15 U.S.C. 78eee) is amended by adding at
the end thereof the following new subsection:
"(d) SIPC Participation.--SIPC shall be deemed to be a party in
interest as to all matters arising in a liquidation proceeding, with the
right to be heard on all such matters, and shall be deemed to have
intervened with respect to all such matters with the same force and
effect as if a petition for such purpose had been allowed by the
court.".
Sec. 8. Section 6 of such Act (15 U.S.C. 78fff) is amended to read
as follows:
" SEC. 6. GENERAL PROVISIONS OF A LIQUIDATION PROCEEDING.
"(a) Purposes.--The purposes of a liquidation proceeding under this
Act shall be--
"(1) as promptly as possible after the appointment of a trustee
in such liquidation proceeding, and in accordance with the
provisions of this Act--
"(2) to sell or transfer offices and other productive units of
the business of the debtor;
"(3) to enforce rights of subrogation as provided in this Act;
and
"(4) to liquidate the business of the debtor.
"(b) APPLICATION OF BANKRUPTCY ACT. // 11 USC prec. 1. // --To the
extent consistent with the provisions of this Act, a liquidation
proceeding shall be conducted in accordance with, and as though it were
being conducted under, the Bankruptcy Act. For purposes of applying the
Bankruptcy Act to this Act, any reference in the Banckruptcy Act to the
date of commencement of proceedings under the Bankruptcy Act shall be
deemed to be a reference to the filing date under this Act.
"(c) DETERMINATION OF CUSTOMER STATUS.-- In a liquidation proceeding
under this Act, whenever a person has acted with respect to cash or
securities with the debtor after the filing date and in a manner which
would have given him the status of a customer with respect to such cash
or securities had the action occurred prior to the filing date, and the
trustee is satisfied that such action was taken by the customer in good
faith and prior to the appointment of the trustee, the date on which
such action was taken shall be deemed to be the filing date for purposes
of determining the net equity of such customer with respect to such cash
or securities.
"(d) Apportionment.--In a liquidation proceeding under this Act, any
cash or securities remaining after the liquidation of a lien or pledge
made by a debtor shall be apportioned between his general estate and
customer property in the proportion in which the general property of the
debtor and the cash and securities of the customers of such debtor
contributed to such lien or pledge. Securities apportioned to the
general estate under this subsection shall be subject to the provisions
of section 16(5)(A).
"(e) COSTS AND EXPENSES OF ADMINISTRATION.-- All costs and expenses
of administration of the estate of the debtor and of the liquidation
proceeding shall be borne by the general estate of the debtor to the
extent it is sufficient therefor, and the priorities of distribution
from the general estate shall be as provided in the Bankruptcy Act. //
11 USC prec. 1. // Costs and expenses of administration shall include
payments pursuant to section 8(e) and section 9(c)(1) (to the extent
such payments recovered securities which were apportioned to the general
estate pursuant to subsection (d)) and costs and expenses of SIPC
employees utilized by the trustee pursuant to section 7(a)(2). All funds
advanced by SIPC to a trustee for such costs and expenses of
administration shall be recouped from the general estate as a first
priority under the Bankruptcy Act.".
Sec. 9. The Securities Investor Protection Act of 1970 // 15 USC
78o, 78ggg-78lll. // (15 U.S.C. 78aaa et seq.) is amended by
redesignating sections 7 through 12 as sections 11 through 16,
respectively, and by inserting immediately after section 6 the following
new sections:
" SEC. 7. // 15 USC 78fff-1. // POWERS AND DUTIES OF A TRUSTEE.
"(a) Trustee Powers.--A trustee shall be vested with the same powers
and title with respect to the debtor and the property of the debtor,
including the same rights to aviod preferences, as a trustee in
bankruptcy under the Bankruptcy Act has with respect to a bankrupt and
the property of a bankrupt. In addition, a trustee may, with the
approval of SIPC but without and need for court approval--
"(1) hire and fix the compensation of all personnel (including
officers and employees of the debtor and of its examining
authority) and other persons (including accountants) that are
deemed by the trustee necessary for all or any purposes of the
liquidation proceeding;
"(2) utilize SIPC employees for all or any purposes of a
liquidation proceeding; and
"(3) margin and maintain customer accounts of the debtor for
the purposes of section 8(f).
"(b) TRUSTEE DUTIES.-- To the extent consistent with the provisions
of this Act or as otherwise ordered by the court, a trustee shall be
subject to the same duties as a trustee in bankruptcy, except that a
trustee may, but shall have no duty to, reduce to money any securities
constituting customer property or in the general estate of the debtor.
In addition, the trustee shall--
"(1) deliver securities to or on behalf of customers to the
maximum extent practicable in satisfaction of customer claims for
securities of the same class and series of an issuer; and
"(2) subject to the prior approval of SIPC but without any need
for court approval, pay or guarantee all of any part of the
indebtedness of the debtor to a bank, lender, or other person if
the trustee determines that the aggregate market value of
securities to be made available to the trustee upon the payment or
guarantee of such indebtedness does not appear to be less than the
total amount of such payment or guarantee.
"(c) REPORTS BY TRUSTEE TO COURT.-- The trustee shall make to the
court and to SIPC such written reports as may be required by the
Bankruptcy Act, // 11 USC prec. 1. // and shall include in such reports
information with respect to the progress made in distributing cash and
securities to customers. Such reports shall be in such form and detail
as the Commission determines by rule to present fairly the results of
the liquidation proceeding as of the date of or for the period covered
by such reports, having due regard for the requirements of section 17 of
the 1934 Act // 15 USC 78q. // and the rules prescribed under such
section and the magnitude of items and transactions involved in
connection with the operations of a broker or dealer.
"(d) INVESTIGATIONS.-- The trustee shall--,
"(1) as soon as practicable, investigate the acts, conduct,
property, liabilities, and financial condition of the debtor, the
operation of its business, and any other matter, to the extent
relevant to the liquidation proceeding, and report thereon to the
court;
"(2) examine, by deposition or otherwise, the directors and
officers of the debtor and any other witnesses concerning any of
the matters referred to in paragraph (1);
"(3) report to the court any facts ascertained by the trustee
with respect to fraud, misconduct, mismanagement, and
irregularities, and to any causes of action available to the
estate; and
"(4) as soon as practicable, prepare and submit, to SIPC and
such other persons as the court designates and in such form and
manner as the court directs, a statement of his investigation of
matters referred to in paragraph (1).
" SEC. 8. // 15 USC 78fff-2. // SPECIAL PROVISIONS OF A LIQUIDATION
PROCEEDING.
"(a) NOTICE AND CLIAMS.--,
"(1) NOTICE OF PROCEEDINGS.-- Promptly after the appointment of
the trustee, such trustee shal cause notice of the commencement of
proceedings under this section to be published in one or more
newspapers of general circulation in the form and manner
determined by the court, and at the same time shall cause a copy
of
such notice to be mailed to each person who, from the books and
records of the debtor, appears to have been a customer of the
debtor with an open accout within the past twelve months, to the
address of such person as it appears from the books and records of
the debtor. Notice to creditors other than customers shall be
given in the manner prescribed by the Bankruptcy Act, except that
such notice shall be given by the trustee.
"(2) STATEMENT OF CLAIM.-- Acustomer shall file with the
trustee a written statement of claim but need not file a formal
proof of cliam, except that no obligation of the debtor to any
person associated with the debtor within the meaning of section 3
(a)(18) or section 3(a)(21) of the 1934 Act,
// 15 USC 78c. //
any beneficial owner of 5 per centum or more of the voting stock
of the debtor, or any member of the immediate family of any such
person or owner may be satisfied without foumal proof of claim.
"(3) TIME LIMITATIONS.-- No claim of a customer or other
creditor of the debtor which is received by the trustee after the
expiration of the six-month period beginning on the date of
publication of notice under paragraph (1) shall be allowed, except
that the court may, upon application within such period and for
cause shown, grant a reasonable, fixed extension of time for the
filing of a claim by the United States, by a State or political
subdivision thereof, or by an infant or incompetent person without
a guardian. Any claim of a customer for net equity which is
received by the trustee after the expiration of such period of
time as may be fixed by the court (not exceeding sixty days after
the date of publication of notice under paragraph (1)) need not be
paid or satisfied in whole or in part out of customer property,
and to the extent such cliam is satisfied from moneys advanced by
SIPC, it shall be satisfied in cash or securities (or both) as the
trustee determines is most economical to the estate.
"(4) EFFECT ON CLAIMS.-- Except as otherwise provided in this
section, and without limiting the powers and duties of the trustee
to discharge obligations promptly as specified in this section,
nothing in this section shall limit the right of any person,
including any subrogee, to extablish by formal proof or otherwise
as the court may provide such claims for the payment of money and
the delivery of specific securities, without resort to moneys
advanced by SIPC to the trustee.
"(b) PAYMENTS TO CUSTOMERS.-- After receipt of a written statement of
claim pursuant to subsection (a)(2), the trustee shall promptly
discharge, in accordance with the provisions of this section, all
obligations of the debtor to a customer relating to, or net equity
claims based upon, securities or cash, by the delivery of securities or
the making of payments to or for the account of such customer (subject
to the provisions of subsection (d) and section 9(a)) insofar as such
obligations are ascertainable from the books and records of the debtor
or are otherwise established to the satisfaction of the trustee. For
purposes of distributing securities to customers, all securities shall
be valued as of the close of business on the filing date. For upropose
of this subsection, the court shall, among other things--,
"(1) with respect to net equity claims, authorize the trustee
to satisfy claims out of moneys made available to the trustee by
SIPC notwithstanding the fact that there has not been any showing
or determination that there are sufficient funds of the debtor
available to satisfy such cliams; and
"(2) with respect to claims relating to, or net equities based
upon, securities of a class and series of an issuer which are
ascertainable from the books and records of the debtor or are
otherwise established to the satisfaction of the trustee,
authorize the trustee to deliver securities of such class and
series if and to the extent available to satisfy such cliams in
whole or in part, with partial deliveries to be made pro rata to
the greatest extent considered practicable by the trustee.
Any payment or delivery of property pursuant to this subsection may be
conditioned upon the trustee requiring claimants to execute, in a form
to be determined by the trustee, appropriate receipts, supporting
affidavits, releases, and assignments, but shall be without prejudice to
any right of a claimant to file formal proof of cliam within the period
specified in subsection (a)(3) for any balance of securities or cash to
which such claimant considers himself entitled.
"(c) CUSTOMER RELATED PROPERTY.--,
"(1) ALLOCATION OF CUSTOMER PROPERTY.-- The trustee shall
allocate customer property of the debtor as follows:
// 15 USC 78ggg. //
third, to SIPC as subrogee for the claims of customers;
Any customer property remaining after allocation in accordance
with this paragraph shall become part of the general estate of the
debtor. To the extent customer property and SIPC advances
pursuant to section 9(a) are not sufficient to pay or otherwise
satisfy in full the net equity claims of customers, such customers
shall be entitled, to the extent only of their respective
unsatisfied net equities, to participate in the general estate as
unsecured creditors. For purposes of allocating customer property
under this paragraph, securities to be delivered in payment of net
equity claims for securities of the same class and series of an
issuer shall be valued as of the close of business on the filing
date.
"(2) DELIVERY OF CUSTOMER NAME SECURITIES.-- The trustee shall
deliver customer name securities to or on behalf of a customer of
the debtor entitled thereto if the customer is not indebted to the
debtor. If the customer is so indebted, such customer may, with
the approval of the trustee, reclaim customer name securities upon
payment to the trustee, within such period of time as the trustee
determines, of all indebtedness of such customer to the debtor.
"(3) RECOVERY OF TRANSFERS.-- Whenever customer property is not
sufficient to pay in full the claims set forth in subparagraphs
(A) through (D) of paragraph (1), the trustee may recover any
property transferred by the debtor which, except for such
transfer, would have been customer property if and to the extent
that such transfer is voidable or void under the provisions of the
Bankruptcy Act.
// 11 USC prec. 1. //
Such recovered property shall be treated as customer property.
For purposes of such recovery, the property so transferred shall
be deemed to have been the property of the debtor and, if such
transfer was made to a customer or for his benefit, such customer
shall be deemed to have been a creditor, the laws of any State to
the contrary notwithstanding.
"(d) PURCHASE OF SECURITIES.-- The trustee shall, to the extent that
securities can be purchased in a fair and orderly market, purchase
securities as necessary for the delivery of securities to customers in
satisfaction of their claims for net equities based on securities under
section 7(b)(1) and for the transfer of customer accounts under
subsection (f), in order to restore the accounts of such customers as of
the filing date. To the extent consistent with subsection (c), customer
property and moneys advanced by SIPC may be used by the trustee to pay
for securities so purchased. Moneys advanced by SIPC for each account
of a separate customer may not be used to purchase securities to the
extent that the aggragate value of such securities on the filing date
exceeded the amount permitted to be advanced by SIPC under the
provisions of section 9(a).
"(e) CLOSEOUTS.--,
"(1) IN GENERAL.-- Any contract of the debtor for the purchase or
sale of securities in the ordinary course of its business with other
brokers or dealers which is wholly executory on the filling date shall
not be completed by the trustee, except to the extent permitted by SIPC
rule. Upon the adoption by SIPC of rules with respect to the closeout
of such a contract but prior to the adoption of rules with respect to
the completion of such a contract, the other broker or dealer shall
close out such contract, without unnecessary delay, in the best
available market and pursuant to such SIPC rules. Until such time as
SIPC adopts rules with respect to the completion or closeout of such a
contract, such a contract shall be closed out in accordance with
Commission Rule S6(d)-1 as in effect on the date of enactment of this
section, or any comparable rule of the Commission subsequently adopted,
to the extent not inconsistent with the provisions of this subsection.
"(2) NET PROFIT OR LOSS.-- A broker or dealer shall net all profits
and losses on all contracts closed out under this subsection and --,
"(A) if such broker or dealer shows a net profit on such
contracts, he shall pay such net profit to the trustee; and
"(B) if such broker or dealer sustains a net loss on such
contracts, he shall be entitled to file a claim against the debtor
with the trustee in the amount of such net loss.
To the extent that a net loss sustained by a broker or dealer arises
from contracts pursuant to which such broker or dealer was acting for
its own customer, such broker or dealer shall be entitled to receive
funds advanced by SIPC to the trustee in the amount of such loss, except
that such broker or dealer may not receive more than $40,000 for each
separate customer with respect to whom it sustained a loss. With
respect to a net loss which is not payable under the proceding sentence
from funds advanced by SIPC, the broker or dealer shall be entitled to
participate in the general estate as an unsecured creditor.
"(3) REGISTERED CLEARING AGENCIES.-- Neither a registered clearing
agency which by its rules has an established procedure for the closeout
of open contracts between an insolvent broker or dealer and its
participants, nor its participants ot the extent such participants'
claims are or may be processed within the registered clearing agency,
shall be entitled to receive SIPC funds in payment of any losses on such
contracts, except as SIPC may otherwise provide by rule. If such
registered clearing agency or its participants sustain a net loss on the
closeout of such contracts with the debtor, they shall have the right to
participate in the general estate as unsecured creditors to the extent
of such loss. Any funds or other property owed to the debtor, after the
closeout of such contracts, shall be promptly paid to the trustee.
Rules adopted by SIPC under this paragraph shall provide that in no case
may a registered clearing agency or its participants, to the extent such
participants' claims are or may be processed within the registered
clearing agency, be entitled to receive funds advanced by SIPC in an
amount greater, in the aggragate, than could be received by the
participants if such participants proceeded individually under
paragraphs (1) and (2).
"(4) DEFINITION.-- For purposes of this subsection, the term
'customer' does not include any person who--,
"(A) is a broker or dealer;
"(B) had a claim for cash or securities which by contract,
agreement, or understanding, or by operation of law, was part of
the capital of the claiming broker or dealer or was subordinated
to the claims of any or all creditors of such
broker or dealer; or
"(C) had a relationship of the kind specified in section 9(a)(
5) with the debtor.
A claiming broker or dealer shall be deemed to have been acting
on behalf of its customer if it acted as agent for such customer
or if it held such customer's order which was to be executed as a
part of its contract with the debtor.
"(f) TRANSFER OF CUSTOMER ACCOUNTS.-- In order to facilitate the
prompt satisfaction of customer claims and the orderly liquidation of
the debtor, the trustee may, pursuant to terms satisfactory to him and
subject to the prior approval of SIPC, sell or otherwise transfer to
another member of SIPC, without consent of any customer, all or any part
of the account of a customer of the debtor. In connection with any such
sale or transfer to another member of SIPC and subject to the prior
approval of SIPC, the trustee may--
"(1) waive or modify the need to file a written statement of
claim pursuant to subsection (a)(2); and
"(2) enter into such agreements as the trustee considers
appropriate under the circumstances to indemnify any such member
of SIPC against shortages of cash or securities in the customer
accounts sold or transferred.
The funds of SIPC may be made available to guarantee or secure any
indemnification under paragraph (2). The prior approval of SIPC to such
indemnification shall be conditioned, among such other standards as SIPC
may determine, upon a determination by SIPC that the probable cost of
any such indemnification can reasonably be expected not to exceed the
cost to SIPC of proceeding under section 9(a) and section 9( b).
" SEC. 9. // 15 USC 78fff-3. // SIPC ADVANCES.
"(a) ADVANCES FOR CUSTOMERS' CLAIMS.-- In order to provide for prompt
payment and satisfaction of net equity claims of customers of the
debtor, SIPC shall advance to the trustee such moneys, not to exceed
$100,000 for each customer, as may be required to pay or otherwise
satisfy cliams for the amount by which the net equity of each customer
exceeds his ratable share of customer property, except that--,
"(1) if all or any portion of the net equity claim of a
customer in excess of his ratable share of customer property is a
claim for cash, as distinct from a claim for securities, the
amount advanced to satisfy such claim for cash shall not exceed
$40,000 for each such customer;
"(2) a customer who holds accounts with the debtor in separate
capacities shall be deemed to be a different customer in each
capacity;
"(3) if all or any portion of the net equity claim of a
customer in excess of his ratable share of customer property is
satisfied by the delivery of securities purchased by the trustee
pursuant to section 8(d), the securities so purchased shall be
valued as of the filing date for purposes of applying the dollar
limitations of this subsection;
"(4) no advance shall be made by SIPC to the trustee to pay or
otherwise satisfy, directly or indirectly, and net equity claim of
a customer who is a general partner, officer, or director of the
debtor, a beneficial owner of five per centum or more of any class
of equity security of the debtor (other than a nonconvertible
stock having fixed preferential dividend and liquidation rights),
a limited partner with a participation of five percentum or more
in the net assets or net profits of the debtor, or a person who,
directly or indirectly and through agreement or otherwise,
exercised or had the power to exercise a controlling influence
over the management or policies of the debtor; and
"(5) no advance shall be made by SIPC to the trustee to pay or
otherwise satisfy and net equity claime of any customer who is a
broker or dealer or bank, other than to the extent that it shall
be established to the satisfaction of the trustee, from the books
and records of the debtor ro from the books and records of a
broker or dealer or bank against the debtor arose out of
transactions for customers of such broker or dealer or bank (which
customers are not themselves a broker or dealer or bank or a
person described in paragraph (4)), in which event each such
customer of such broker or dealer or bank shall be deemed a
separate customer of the debtor.
To the extent moneys are advanced by SIPC to the trustee to pay or
otherwise satisfy the claims of customers, in addition to all other
rights it may have at law or in equity, SIPC shall be subrogated to the
claims of such customers with the rights and priorities provided in this
Act, except that SIPC as subrogee may assert no claim against customer
property until after the allocation thereof to customers as provided in
section 8(c).
"(b) OTHER ADVANCES.-- SIPC shall advance to the trustee--,
"(1) such moneys as may be required to carry out section 8(e);
and
"(2) to the extent the general estate of the debtor is not
sufficient to pay any and all costs and expenses of administration
of the estate of the debtor and of the liquidation proceeding, the
amount of such costs and expenses.
"(c) DISCRETIONARY ADVANCES.-- SIPC may advance to the trustee such
moneys as may be required to--,
"(1) pay or guarantee indebtedness of the debtor to a bank,
lender, or other person under section 7(b)(2);
"(2) guarantee or secure any indemnity under section 8(f);
and
"(3) purchase securities under section 8(d).
" SEC.10. // 15 USC 78fff-4. // DIRECT PAYMENT PROCEDURE.
"(a) DETERMINATION REGARDING DIRECT PAYMENTS.-- If SIPC determines
that--,
"(1) any member of SIPC (including a person who was a member
within one hundred eighty days prior to such determination) has
failed or is in danger of failing to meet its obligations to
customers;
"(2) one or more of the conditions specified in section 5(b)(
1)
// 15 USC 78eee. //
exist with respect to such member;
"(3) the claim of each customer of the member is within the
limits of protection provided in section 9(a);
"(4) the claims of all customers of the member aggregate less
than $250,000;
"(5) the cost to SIPC of satisfying customer claims under this
section will be less than the cost under a liquidation proceeding;
and
"(6) such member's registration as a broker-dealer under
section 15(b) of the 1934 Act
// 15 USC 78o, //
has been terminated, or such member has consented to the use of
the direct payment procedure set forth in this section,
SIPC may, in its discretion, use the direct payment procedure set forth
in this section in lieu of instituting a liquidation proceeding with
respect to such member.
"(b) NOTICE.-- Promptly after a determination under subsection (a)
that the direct payment procedure is to be used with respect to a
member, SIPC shall cause notice of such direct payment procedure to be
published in one or more newspapers of general circulation in a form and
manner determined by SIPC, and at the same time shall cause to be mailed
a copy of such notice to each person who appears, from the books and
records of such member, to have been a customer of the member with an
open account within the past twelve months, to the address of such
person as it appears from the books and records of such member. Such
notice shall state that SIPC will satisfy customer cliams directly,
without a liquidation proceeding, and shall set forth the form and
manner in which cliams may be presented. A direct payment procedure
shall be deemed to commence on the date of first publication under this
subsection and no claim by a customer shall be paid or otherwise
satisfied by SIPC unless received within the six-month period beginning
on such date, except that SIPC shall, upon application within such
period, and for cause shown, grant a reasonable, fixed extension of time
for the filing of a cliam by the United States, by a State or political
subdivision thereof, or by an infant or incompetent person without a
guardian.
"(c) PAYMENTS TO CUSTOMERS.-- SIPC shall promptly satisfy all
obilgations of the member to each of its customers relating to, or net
equity claims based upon, securities or cash by the delivery of
securities or the effecting of payments to such customer (subject to the
provisions of section 8(d) and section 9(a)) insofar as such obligations
are ascertainable from the books and records of the member or are
otherwise established to the satisfaction of SIPC. For purposes of
distributing securities to customers, all securities shall be valued as
of the close of business on the date of publication under subsection
(b). Any payment or delivery of securities pursuant to this section may
be conditioned upon the execution and delivery, in a form to be
determined by SIPC, of appropriate receipts, supporting affidavits,
releases, and assignments. To the extent moneys of SIPC are used to
satisfy the claims of customers, in addition to all other rights it may
have at law or in equity, SIPC shall be subrogated to the cliams of such
customers against the member.
"(d) EFFECT ON CLIAMS.-- Except as otherwise provided in this
section, nothing in this section shall limit the right of any person,
including any subrogee, to extablish by formal proof or otherwise such
claims as such person may have against the member, including claims for
the payment of money and the delivery of specific securities, without
resort to moneys of SIPC.
"(e) JURISDICTION OF DISTRICT COURTS.-- After SIPC has published
notice of the institution of a direct payment procedure under this
section, any person aggrieved by any determination of SIPC with respect
to his claim under subsection (c) may, within six months following
mailing by SIPC of its determination with respect to such claim, seek a
final adjudication of such claim. The district courts of the United
States shall have original and exclusive jurisdiction of any civil
action for the adjudication of such claim, without regard to the
citizenship of the parties or the amount in controversy. Any such
action shall be brought in the judicial district where the head office
of the debtor is located. Any determination of the rights of a customer
under subsection (c) shall not prejudice any other right or remedy of
the customer against the member.
"(f) DISCONTINUANCE OF DIRECT PAYMENT PROCEDURES.-- If, at any time
after the institution of a direct payment procedure with respect to a
member, SIPC determines, in its discretion, that continuation of such
direct payment procedure is not appropriate, SIPC may cease such direct
payment procedure and, upon so doing, may seek a protective decree
pursuant to section 5. // 15 USC 78eee. // To the extent payments of
cash, distributions of securities, or determinations with respect to the
validity of a customer's claim are made under this section, such
payments, distributions, and determinations shall be recognized and
given full effect in the event of any subsequent liquidation proceeding.
Any action brought under subsection (e) and pending at the time of the
appointment of a trustee under section 5(b)(3) shall be permanently
stayed by the court at the time of such appointment, and the court shall
enter an order directing the transfer or removal to it of such suit.
Upon such removal or transfer the complaint in such action shall
constitute the plaintiff's cliam in the liquidation proceeding, if
appropriate, and shall be deemed received by the trustee on the date of
his appointment regardless of the date of actual transfer or removal of
such action.
"(g) REFERENCES.-- For purposes of this section, any reference to the
trustee in section 7(b)(1), 8(d), 8(f), 9(a), 16(5) and 16(12) shall be
deemed a reference to SIPC, and any reference to the date of publication
of notice under section 8(a) shall be deemed a reference to the
publication of notice under this section.".
Sec. 10. Section 11(a) of such Act (15 U.S.C. 78ggg(a)), as
redesignated by this Act, is amended by stricking out "or regulations
pursuant to section 3(e) and section 9(f)" and inserting "pursuant to
section 3(e)(3) and section 13(f)".
Sec. 11. Section 12 of such Act (15 U.S.C. 78hhh), as redesignated
by this Act, is amended--,
(1) by inserting ", or collection agent if a collection agent
has been designated pursuant to section 13(a)," immediately after
"examining authority" the first place it appears; and
(2) by inserting "or collection agent" immediately after
"examining authority" the second place it appears.
SEC. 12. Section 13 (a) of such Act (15 U.S.C. 78iii(a)), as
redesignated by this Act, is amended to read as follows:
"(a) Collection Agent.--Each self-regulatory organization shall act
as collection agent for SIPC to collect the assessments payable by all
members of SIPC for whom such self-regulatory organization is the
examining authority, unless SIPC designates a self-regulatory
organization other than the examining authority to act as collection
agent for any member of SIPC who is a member of or participant in more
than one self-regulatory organization. If the only self-regulatory
organization of which a member of SIPC is a member or in which it is a
participant is a registered clearing agency that is not the examining
authority for the member, SIPC may, nevertheless, designate such
registered clearing agency as collection agent for the member or may
require that payments be made directly to SIPC. The collection agent
shall be obligated to remit to SIPC assessments made under section 4 //
15 USC 78ddd. // only to the extent that payments of such assessment
are received by such collection agent. Members of SIPC who are not
members of or participants in a self-regulatory organization shall make
payments directly to SIPC.".
(b) Section 13 (b) of such Act (15 U.S.C. 78iii(b)), as redesignated
by this Act, is amended by inserting "and section 5 (a) (2)" immediately
after "section 5 (a) (1)".
(c) Section 13 (c) of such Act (15 U.S.C. 78iii (c)), as redesignated
by this Act, is amended to read as follows:
"(c) Inspections.--The self-regulatory organization of which a member
of SIPC is a member or in which it is a participant shall inspect or
examine such member for compliance with applicable financial
responsibility rules, except that--,
"(1) if the self-regulatory organization is a registered
clearing agency, the Commission may designate itself as
responsible for the examination of such member for compliance with
applicable financial responsibility rules; and
"(2) if a member of SIPC is a member of or participant in more
than one self-regulatory organization, the Commission, pursuant to
section 17 (d) of the 1934 Act,
// 15 USC 78q. //
shall designate one of such self-regulatory organizations or
itself as responsible for the examination of such member for
compliance with applicable financial responsibility rules.".
(d) Section 13 (f) of such Act (15 U.S.C. 78iii (f)), as redesignated
by this Act, is amended to read as follows:
"(f) Financial Condition of Members.--The Commission may, by such
rules as it determines necessary or appropriate in the public interest
and to carry out the purposes of this Act, require any self-regulatory
organization to furnish SIPC with reports and records (or copies
thereof) relating to the financial condition of members of or
participants in such self-regulatory organization.".
SEC. 13. (a) Section 14 (a) of such Act (15 U.S.C. 78jjj (a)), as
redesignated by this Act, is amended--,
(1) by inserting "and penalty" immediately after "interest";
and
(2) by striking out "he" each place it appears and inserting
"it" in lieu thereof.
(b) Section 14 (b) of such Act (15 U.S.C. 78jjj (b)), as redesignated
by this Act, is amended--,
(1) by inserting "or for whom a direct payment procedure has
been initiated" immediately after " Act" each place it appears;
and
(2) in the subsection heading, by inserting "or Initiation OF
Direct Payment Procedure" immediately after " Trustee".
(c) Section 14 (c) of such Act (15 U.S.C. 78jjj (c)), as redesignated
by this Act, is amended to read as follows:
"(c) CONCEALMENT OF ASSETS; FALSE STATEMENTS OR CLAIMS.--,
"(1) SPECIFIC PROHIBITED ACTS.-- Any person who, directly or
indirectly, in connection with or in contemplation of any
liquidation proceeding or direct payment procedure--,
shall be fined not more than $50,000 or imprisoned for not more
than five years, or both.
"(2) Fraudulent conversion.--Any person who, directly or
indirectly steals, embezzles, or fraudulently, or with intent to
defeat this Act, abstracts or converts to his own use or to the
use of another any of the moneys, securities, or other assets of
SIPC, or otherwise defrauds or attempts to defraud SIPC or a
trustee by any means, shall be fined not more than $50,000 or
imprisoned not more than five years, or both.".
SEC. 14. (a) Section 15 (d) of such Act (15 U.S.C. 78kkk (d)), as
redesignated by this Act, is amended--,
(1) by inserting ", officers, or employees" immediately after "
Directors"; and
(2) in the subsection heading, by inserting ", Officers, or
Employees" immediately after " Directors".
(b) Section 15 (e) of such Act (15 U.S.C. 78kkk (e)), as redesignated
by this Act, is amended to read as follows:
"(e) ADVERTISING.-- SIPC shall by bylaw prescribe the manner in which
a member of SIPC may display any sign or signs (or include in any
advertisement a statement) relating to the protection to customers and
their accounts, or any other protections, afforded under this Act. No
member may display any such sign, or include in an advertisement any
such statement, except in accordance with such bylaws. SIPC may also by
bylaw prescribe such minimal requirements as it considers necessary and
appropriate to require a member of SIPC to provide public notice of its
membership in SIPC.".
(c) Section 15 (b) of such Act of (15 U.S.C. 78kkk (b)), as
redesignated by this Act, is repealed, and subsections (c) through (h)
of section 15 are redesignated as subsectionsd (b) through (g),
respectively.
SEC. 15. Section 16 of such Act (15 U.S.C. 78lll), as redesignated
by this Act, is amended to read as follows:
" SEC. 16. DEFINITIONS.
" For purposes of this Act, including the application of the
Bankruptcy Act to a liquidation proceeding:
"(1) Bankruptcy Act.--The term ' Bankruptcy Act' means, except
where the context indicates otherwise, those provisions of the
Bankruptcy Act relating to ordinary bankruptcy (chapters I through
VII) as now in effect or as amended from time to time, and
includes the rules of bankruptcy procedure promulgated with
respect to such provisions, but does not include the provisions of
section 60e of the Bankruptcy Act,
// 11 USC 96. //
relating to stockbroker bankruptcies.
"(2) COMMISSION.-- The term ' Commission' means the Securities
and Exchange Commission.
"(3) CUSTOMER.-- The term 'customer' of a debtor means any
person (including any person with whom the debtor deals as
principal or agent) who has a claim on account of securities
received, acquired, or held by the debtor in the ordinary course
of its business as a broker or dealer from or for the securities
accounts of such person for safekeeping, with a view to sale, to
cover consummated sales, pursuant to purchases, as collateral
security, or for purposes of effecting transfer. The term
'customer' includes any person who has a claim against the debtor
arising out of sales or conversions of such securities, and any
person who has deposited cash with the debtor for the purpose of
purchasing securities, but does not include--,
"(4) Customer name securities.--The term 'customer name
securities' means securities which were held for the account of a
customer on the filing date by or on behalf of the debtor and
which on the filing date were registered in the name of the
customer, or where in the process of being so regisstered pursuant
to instructions from the debtor, but does not include securities
registered in the name of the customer which, by endorsement or
otherwise, were in negotiable form.
"(5) Customer property.--The term 'customer property' means
cash and securities (except customer name securities delivered to
the customer) at any time received, acquired, or held by or for
the account of a debtor from or for the securities accounts of a
customer, and the proceeds of any such property transferred by the
debtor, including property unlawfully converted. The term
'customer property' includes--,
// 15 USC 78o. //
and the rules prescribed under such
section;
// 15 USC 78fff. //
and
"(6) DEBTOR.-- The term 'debtor means a member of SIPC with
respect to whom an application for a protective decree has been
filed under section 5 (a) (3)
// 15 USC 78eee. //
or a direct payment procedure has been instituted under section 10
(b).
// 15 USC 78jjj //
"(7) Examining authority.--The term 'examining authority'
means, with respect to any member of SIPC (A) the self-regulatory
organization which inspects or examines such member of SIPC, or
(B) the Commission if such member of SIPC is not a member of or
participant in any self-regulatory organization or if the
Commission has designated itself examining authority for such
member pursuant to section 13 (c).
"(8) Filing date.--The term 'filing date' means the date on
which an application for a protective decree is filed under
section 5 (a) (3), except that--,
// 11 USC prec. 1. //
or under chapter X or
XI of such Act,
// 11 USC 501 //
as now in effect or as amended from time to
time, the term 'filing date' means the date on which
such
petition was filed;
"(9) Foreign subsidiary.--The term 'foreign subsidiary' means
any subsidiary of a member of SIPC which as its principal place of
business in a foreign country or which is organized under the laws
of a foreign country.
"(10) Gross revenues from the securities business.--The term
'gross revenues from the securitites business' means the sum of
(but without duplication)--,
Such term does not include revenues received by a broker or dealer
in connection with the distribution of shares of a registered open
end investment company or unit investment trust or revenues
derived by a broker or dealer from the sale of variable annuities
or from the conduct of the business of insurance.
"(11) Liquidation proceeding.--The term 'liquidation
proceeding' means any proceeding for the liquidation of a debtor
under this Act in which a trustee has been appointed under section
5 (b) (3).
"(12) Net equity.--The term 'net equity' means the dollar
amount of the account or accounts of a customer, to be determined
by--,
In determining net equity under this paragraph, accounts held by a
customer in separate capacities shall be deemed to be accounts of
separate customers.
"(13) Persons registered as brokers or dealers.--The term
'persons registered as brokers or dealers' includes any person who
is a member of a national securities exchange.
"(14) Protective decree.--The term 'protective decree' means a
decree, issued by a court upon application of SIPC under section 5
(a) (3),
// 15 USC 78eee. //
that the customers of a member of SIPC are in need of the
protection provided under this Act.
"(15) Security.--The term 'security' means any note, stock,
treasury stock, bond, debenture, evidence of indebtedness, any
collateral trust certificate, preorganization certificate or
subscription, transferable share, voting trust certificate,
certificate of deposit, certificate of deposit for a security, any
investment contract or certificate of interest or participation in
any profit-sharing agreement or in any oil, gas, or mineral
royalty or lease (if such investment contract or interest is the
subject of a registration statement with the Commisssion pursuant
to the provisions of the Securities Act of 1933),
// 15 USC 77a. //
any certificate of interest or participation in, temporary or
interim ccertificate for, receipt for, guarantee of, or warrant or
right to subscribe to or purchase or sell any of the foregoing,
and any other instrument commonly known as a security. The term
'security' does not include any currency, or any commodity or
related contract or futures contract, or any warrant or right to
subscribe to or purchase or sell any of the foregoing.".
Sec. 16 Section 3 (a) of the Securities Exchange Act of 1934 (15 U.
S.C. 78c (a) is amended by adding at the end thereof the following new
paragraph:
"(40) The term 'financial responsibility rules' means the rules
and regulations of the Commission or the rules and regulations
prescribed by any self-regulatory organization relating to
financial responsibility and related practices which are
designated by the Commission, by rule or regulation, to be
financial responsibility rules.".
SEC. 17. The table of contents of the Securities Investor Protection
Act of 1970 (15 U.S.C. 78aaa et seq.) is amended to read as follows:
" Sec. 1. Short title.
" Sec. 2. Application of Securities Exchange Act of 1934.
" Sec. 3. Securities Investor Protection Corporation.
" Sec. 4. SIPC Fund.
" Sec. 5. Protection of customers.
" Sec. 6. General provisions of a liquidation proceeding.
" Sec. 7. Powers and duties of trustee
" Sec. 8. Special provisions of a liquidation proceeding.
" Sec. 9. SIPC advances.
" Sec. 10. Direct payment procedure.
" Sec. 11. SEC functions.
" Sec. 12. Examining authority functions.
" Sec. 13. Functions of self-regulatory organizations.
" Sec. 14. Prohibited acts.
" Sec. 15. Miscellaneous provisions.
" Sec. 16. Definitions.".
SEC. 18. Section 3 (b) of the Securities Act of 1933 (15 U.S.C.
77c(b)) is amended by striking out "$500,000" and inserting in lieu
thereof "$1,500,000".
SEC. 18. (a) Section 11 (a) (3) of the Securities Exchange Act of
1934 (15 U.S.C. 78k (a) (3)) is amended by striking out " May 1, 1975"
and inserting in lieu thereof " February 1, 1978" and by striking out "
May 1, 1978" each place it appears and inserting in lieu thereof "
February 1, 1979".
(b) The amendment made by subsection (a) of this section // 15 USC
78k // shall be effective as of May 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 746 (Comm. on Interestate and Foreign
Commerce).
SENATE REPORT No. 95 - 763 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Nov. 1, considered and passed House.
Vol. 124 (1978): Apr. 26, considered and passed Senate,
amended.
Senate
amendment
No. 9 with an amendment.
House amendment of No. 9 with an amendment.
in Senate amendment of No. 8 with an amendment.
PUBLIC LAW 95-282, 92 STAT. 248
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1978, and for
other purposes, namely:
For an additional amount for " Administrative Expenses", $13,000,000,
to remain available until September 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1083 (Comm. on Approprations).
SENATE REPORT No. 95 - 800 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 27, considered and passed House.
May 11, considered and passed Senate.
PUBLIC LAW 95-281, 92 STAT. 246
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) // 25 USC 861
// Federal recongnition is hereby extened or confirmed with respect to
the Wyandotte Indian Tribe of Oklahoma, the Ottawa Indian Tribe of
Oklahoma, a and the Peoria Indian Tribe of Oklahoma, the provisions of
the Acts repealed by subsection (b) of this section notwithstanding.
(b) The following Acts are hereby repealed:
(1) the Act of August 1 , 1956 (70 STAT.893; 25 U.S.C. 791 -
807), relating to the Wyandotte Tribe;
(2) the Act of August 2, 1956 (70 Stat. 937; 25 U.S.C. 821 -
826), relating to the Peoria Tribe; and
(3) the Act of August 3, 1956 (70 Stat. 963; 25 U.S.C. 841 -
853), relating to the Ottowa Tribe
(c) There are hereby reinstated all rights and privileges of each of
the tribes described in subsection (a) of this section and their members
under Federal treaty, statute, or otherwise which may have been
diminished or lost pursuant to the Act relaing to them which is repealed
by subsection (b) of this section. Nothing contained in this Act shall
diminish any rights or privileges enjoyed by each of such tribes or
their members now or prior to enactment of such Act, under Federal
treaty, statute, or otherwise, which are not inconsistent with the
provisions of thei Act.
(d) Except as specifically provided in this Act, nothing contained in
this Act shall alter any property rights or obligations, any contractual
rights or obligations, including existing fishing rights, or any
obligation for taxes already levied.
Sec. 2 (a) (1) The Modoc Indian Tribe of Oklahoma is hereby
recognized as a tribe of Indians residing in Oklahoma and the provisions
of the Act of June 26, 1936, as amended (49 Stat. 1967; 25 U.S.C. 501 -
509), // 25 USC 861a. // are hereby extended to such tribe and its
members. The Secretary of the Interior shall promptly offer the said
Modoc Tribe assistance to aid theim in organizing under section 3 of
said Act of June 26, 1936 (25 U.S.C. 503).
(2) The provisions of the Act of August 13, 1954 (68 Stat. 718; 25
U.S.C. 564 - 564w), hereafter shall not apply to the Modoc Tribe
Olkahoma or its members except for any right to tshare in the proceeds
of any claim against the United States as provided in sections 6(c) and
21 of said Act, as amended (25 U.S.C. 564e and 564t).
(3) The Modoc Indian Tribe of Oklahoma shall consist of those Modoc
Indians who are direct lineal descendants of those Modocs removed to
Indian territory (now Oklahoma) in November 1873, and who did not return
to Klamath, Oregon, pursuant to the Act of March 9, 1909 (35 Stat. 751),
as determined by the Secretary of the Interior, and the descendants of
such Indains who otherwise meet the membership requirements adopted by
the tribe.
(b) The Secretary of the Interior shall promptly offer the Ottawa
Tribe of Oklahoma and the Peoria Tribe of Oklahoma assistance to aid
them in reorganizing under section 3 of the Act of June 26, 1936 (49
Stat. 1967; 25 U.S.C. 503), which Act is re-extended to them and their
members by this Act.
(c) The validity of the organization of the Wyandotte Indain Tribe of
Oklahoma under section 3 of the Act of June 26, 1936 (49 Statute 1967;
25 U.S.C. 503), and the continued application of said Act to such tribe
and its members is hereby confirmed.
Sec. 3. (a) it is hereby declared that enactment of this Act // 25
USC 861b // fulfills the requiremnts of the first proviso in section 2
of the Act of January 2, 1975 (88 Stat. 1920, 1921), with respect to the
Wyandotte Tribe of Oklahoma, the Ottawa Tribe of Oklahoma, and the
Peoria Tribe of Oklahoma.
(b) It si hereby declared that the organization of the Modoc Tribe of
Oklahoma as provided in sec. 3(a) of this Act shall fulfill the
requirements of the second proviso in section 2 of the Act of January 2,
1975 (88 Stat. 1920, 1921).
(c) Promptly after organization of the Modoc Tribe of Oklahoma, the
Secretary of the Interior shall publish a notice of such fact in the
Federal Register including a statement that such organization completes
fulfillment of the requirements of the provisos in section 2 of the Act
of January 2, 1975 (88 Stat. 1920, 1921), and that the land described in
section 1 of said Act is held in trust by the United States for the
eight tribes named in said Act.
Sec. 4. // 25 USC 861c. // The Wyandotte, Ottawa, Peoria, and Modoc
Tribes of Oklahoma and their members shall be entitled to participate in
the programs and services provided by the United States to Indians
because of thier status as Indians, including, but not limited to, those
under the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C.13), and for
purposes of the Act of August 16, 1957 (71 Stat. 370; 42 U.S.C. 2005 -
2005 F). The members of such tribes shall be deemed to be Indains for
which hospital and medical care was being provided by or at the expense
of the Public Health Service on August 16, 1957.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1019 accompanying H.R. 2497 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 95 - 574 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Nov. 3, considered and passed Senate. Apr.
11, H.R. 2497 considered and passed House; passage vacated; S.
661 passed in lieu with amendment.
Vol. 124 (1978): May 2, Senate concurred in House amendment.
PUBLIC LAW 95-280, 92 STAT. 244
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Secretary
of the Interior (herinafter in this Act referred to as the "secretary")
shall acquire through purchase or exchange the lands described in
subsection (b).
(b) The lands to be acquired under subsection (a) are lands in the
State of New Mexico upon which the Zuni Salt Lake is located and which
are more particularly described as follows: Lots 3 and 4, east half
southwest quarter, west half southeast quarter, section 30, township 3
north, range 18 west, lots 1 and 2, east half northwest quarter, wast
half northeast quarter, section 31, township 3 north, range 18 west,
southeast quarter southeast quarter, section 25, and east half northeast
quarter, section 36, township 3 north, range 19 west, all of the New
Mexico principal meridian, New Mexico, containing approximately 618.41
acres more or less.
(c) Title to the lands to be acquired under subsection (a) shall be
taken and held in trust in the name of the United States for the benefit
of the Zuni Indian Tribe of New Mexico (hereinafter in this Act referred
to as the "tribe"), and such lands shall be exempt from State and local
taxation.
Sec. 2. (a) Notwithstanding sections 2401 and 2501 of title 28,
United States Code, and section 12 of the Act of August 13, 1946 (60
Stat. 1052; 25 U.S.C. 70k), jurisdiction is hereby conferred upon the
United States Court of Claims to hear, determine, and render judgment on
any claims of the Zuni Indian Tribe of New Mexico against the United
States with respect to any lands or interests therin in the State of New
Mexico or the State of Arizona held by aboriginal title or otherwise
which were acquired from the tribe without payment of adequate
compensation by the United States: Provided, That jurisdiction is
conferred only with respect to claims accruing on or before August 13,
1946, and all such claims must be filed within three years after
approval of this Act. Such jurisdiction is conferred notwithstanding
any failure of the tribe to exhaust any available administrative
remedies.
(b) (1) Any award made to any Indian tribe other than the Zuni Indian
Tribe of New Mexico before, on, or after the date of the enactment of
this Act, under any judgment of the Indian Claims Commission or any
other authority, with respect any lands that are the subject of a claim
submitted by the tribe under subsection (a) shall not be considered as a
defense, estoppel, or setoff to such claim, and shall not otherwise
affect the entitlement to, or amount of, any relief with respect to such
claim.
(2) Any award made to the tribe pursuant to subsection (a) shall not
be considered as a defense, estoppel, or setoff to the claims pending
before the Indian Claims Commission on the date of the enactment of this
Act in docket 196 (filed August 3, 1951) and docket 229 (filed August 8,
1951), and shall not otherwise affect the entitlement to, or amount of,
any relief with respect such claims.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 953 accompanying H.R. 3787 (Comm. on Interior
and Insular Affairs). SENATE REPORT No. 95 - 111 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): May 3, considered and passed Senate.
Vol. 124 (1978): Apr. 18, considered and passed House, amended
in lieu of H.R. 3787.
May 2, Senate concurred in House amendment.
PUBLIC LAW 95-279, 92 STAT. 240
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. Section 1001 of the Food and Agriculture Act of 1977 is
amended // 7 USC 1309 // by inserting "(a)" after the section
designation and adding a new subsection (b) as follows:
"(b) Notwithstanding any other provision of law, whenever a set-aside
is in effect for one or more of the 1978 through 1981 crops of wheat,
feed grains, and upland cotton, the Secretary may increase the
established price for any such commodity by the amount the Secretary
determines appropriate to compensate producers for participation in such
set-aside. In determining the amount of any such increase, the
Secretary shall take into account changes in the cost of production
resulting from participation in the set-aside involved. If the
established price is increased for any commodity for which a set-aside
is in effect, the Secretary may increase the established price for any
other commodity in such amount as the Secretary determines necessary for
effective operation of the program. The Secretary shall adjust any
increase in the established price to reflect, in whole or in part, any
land diversion payments for the crop for which an increase is
determined.".
Sec. 102. Effective only with respect to the 1978 through 1981 crops
of upland cotton, section 103(f) of the Agricultural Act of 1949 is
amended // 7 USC 1444. // by striking out the first sentence of
paragraph (1) and inserting in lieu thereof the following: " The
Secretary shall, upon presentation of warehouse receipts reflecting
accrued storage charges of not more than sixty days, make available for
the 1978 through 1981 crops of upland cotton to cooperators nonrecourse
loans for a term of ten months from the first day of the month in which
the loan is made at such level as will reflect for Strict Low Middling
one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at
average location in the United States the smaller of (i) 85 percent of
the average price (weighted by market and month) of such quality of
cotton as quoted in the designated United States spot markets during
three years of the five-year period ending July 31 in the year in which
the loan level is announced, excluding the year in which the average
price was the highest and the year in which the average price was the
lowest in such period, or (ii) 90 percent of the average, for the
fifteen-week period beginning July 1 of the year in which the loan level
is announced, of the five lowest priced growths of the growths quoted
for Strict Mddling one and one-sixteenth inch cotton C.I.F. Northern
Europe (adjusted downward by the average difference during the period
April 15 through October 15 of the year in which the loan is announced
between such average Northern Europe price quotation of such quality of
cotton and the market quotations in the designated United States spot
markets for Strict Low Middling one and one-sixteenth inch cotton
(micronaire 3.5 through 4.9)): Provided, That in no event shall such
loan level be less than 48 cents per pound. If for any crop the average
Northern Europe price determined under clause (ii) of the first snetence
of this paragraph is less than the average United States spot market
price determined under clause (i) of the first sentence of this
paragraph, the Secretary may, nothwithstanding the foregoing provisions
of this paragraph, increase the loan level to such level as the
Secretary may deem appropriate, not in excess of the average United
States spot market price determined under clause (i) of the first
sentence of this paragraph.".
Sec. 103. Sections 101 and 102 of this title // 7 USC 1309 // shall
become effective October 1, 1978, and any producers who, prior to such
date, receive loans and payments on the 1978 crop of the commodity as
computed under the Agricultural Act of 1949, // 7 USC 1421 // as amended
by the Food and Agriculture Act of 1977, may elect after September 30,
1978, to receive loans and payments as computed under this title.
Sec. 201. Title I of the Agricultural Act of 1949 is amended by
addiding at the end thereof a new section 112 as follows:
" Sec. 112. Notwithstanding any other provision of this Act--, // 7
USC 1445g. //
"(a) The Secretary may permit, subject to such terms and conditions
as the Secretary may prescribe, all or any part of the acreage set aside
or diverted from the production of a commodity for any crop year under
this title to be devoted to the production of any commodity (other than
the commodities for which acreage is being set aside or diverted) for
conversion into industrial hydrocarbons and blending with gasoline or
other fossil fuels for use as motor or industrial fuel, if the Secretary
determines that such production is desirable in order to provide an
adequate supply of commodities for such purpose, is not likely to
increase the cost of the price support programs, and will not adversely
affect farm income.
"(b)(1) During any year in which there is no set-aside or diversion
of acreage under this title, the Secretary may formulate and administer
a program for the production, subject to such terms and conditions as
the Secretary may prescribe, of commodities for conversion into
industrial hydrocarbons and blending with gasoline or other fossil fuels
for use as motor or industrial fuel, if the Secretary determines that
such production is desirable in order to provide an adequate supply of
commodities for such purpose, is not likely to increase the cost of the
price support programs, and will not adversely affect farm income.
Under the program, producers of wheat, feed grains, upland cotton, and
rice shall be paid incentive payments to devote a portion of their
acreage to the production of commodities for conversion into industrial
hydrocarbons and blending with gasoline or other fossil fuels for use as
motor or industrial fuel.
"(2) The payments under this subsection shall be at such rate or
rates as the Secretary determines to be fair and reasonable, taking into
consideration the participation necessary to ensure an adequate supply
of the agricultural commodities for conversion into industrial
hydrocarbons and blending with gasoline or other fossil fuels for use as
motor or industrial fuels.
"(3) The Secretary may issue such regulations as the Secretary deems
necessary to carry out the provisions of this subsection.
"(4) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subsection.
"(5) The provisions of this subsection shall become effective October
1, 1978.".
Sec. 301. (a) Section 4(i) of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714b(i)) is amended by striking out
"$14,500,000,000" and inserting in lieu thereof "$25,000,000,000".
(b) Section 4 of the Act of March 8, 1938 (15 U.S.C. 713a-4), is
amended by striking out "$14,500,000,000" and inserting in lieu thereof
"$25,000,000,000".
(c) // 15 USC 714b // The increase in the borrowing authority of the
Commodity Credit Corporation made by this section shall be effective
only to the extent provided in appropriation Acts.
(d) The provisions of this section // 15 USC 713a-4 // shall become
effective October 1, 1978.
Sec. 401. // 7 USC 608c. // (a) Effective October 1, 1978, section
8c(6)(I) of the Agricultural Adjustment Act, as reenacted and amended by
the Agricultural Marketing Agreement Act of 1937, is amended by--,
(1) inserting "raisins," after "apples,"; and
(2) inserting ", raisins," after "with respect to almonds".
(b) // 7 USC 608c // Within a period of sixty days following the
second anniversary of the implementation of this section, the Secretary
of Agriculture shall submit to the Committee on Agriculture of the House
of Representatives and to the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that shall describe in detail how this
section has been implemented including, but not limited to, information
as to the issuance or amendment of any affected order, the annual amount
of assessments collected, in the aggregate and by size and class of
handler, the manner in which such assessments were collected, the amount
of direct expenditures credited against the pro rata expense assessment
obligations of each handler, and the purpose to which such assessments
and such direct expenditures of each such handler were devoted.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 641 (Comm. on Agriculture), No. 95 - 1044
(Comm. of Conference), and No. 95 - 1103 (comm. of Conference).
SENATE REPORTS: No. 95 - 699 (Comm. on Agriculture, Nutrition, and
Forestry) and No. 95 - 705 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 31, considered and passed House.
Vol. 124 (1978): Mar. 21, considered and passed Senate,
amended, in lieu of S. 2481. Apr. 10, Sneate agreed to conference
report. Apr. 12, House rejected conference report. May 2, Senate
agreed to second conference report. May 4, House agreed to second
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 20
(1978): May 15, Presidential statement.
PUBLIC LAW 95-278, 92 STAT. 237
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
the Interior is authorized to convey to the University of Nevada upon
its application the following lands located in the State of Nevada, or
any portion thereof, under the provisions of the Act of June 14, 1926,
as amended (44 Stat. 741, as amended; 43 U.S.C. 869), but
notwithstanding the acreage limitations in subsection (b) (ii) or the
limitation on disposition in the last sentence of subsection (c) of the
first section of that Act:
1. East half southwest quarter, section 7, township 24 north, range
48 east, 80 acres;
2. Southeast quarter northwest quarter, section 7, township 24 north,
range 48 east, 40 acres;
3. South half northeast quarter, section 7, township 24 north, range
48 east, 80 acres;
4. South half northwest quarter, section 8, township 24 north, range
48 east, 80 acres;
5. South half southeast quarter, section 8, township 24 north, range
48 east, 80 acres;
6. West half, section 16, township 24 north, range 48 east, 320
acres;
7. West half southeast quarter, section 16, township 24 north, range
48 east, 80 acres;
8. Southwest quarter northeast quarter, section 16, township 24
north, range 48 east, 40 acres;
9. Entire, section 17, township 24 north, range 48 east, 640
acres;
10. Northeast quarter northwest quarter, section 18, township 24
north, range 48 east, 40 acres;
11. North half northeast quarter, section 18, township 24 north,
range 48 east, 80 acres;
12. Northwest quarter northwest quarter, section 20, township 24
north, range 48 east, 40 acres;
13. East half northwest quarter, section 20, township 24 north, range
48 east, 80 acres;
14. East half, section 20, township 24 north, range 48 east, 320
acres;
15. West half, section 21, township 24 north, range 48 east, 320
acres;
16. West half northeast quarter, section 21, township 24 north, range
48 east, 80 acres;
17. Northwest quarter southeast quarter, section 21, township 24
north, range 48 east, 40 acres;
18. West half, section 28, township 24 north, range 48 east, 320
acres;
19. East half, section 29, township 24 north, range 48 east, 320
acres;
20. South half northwest quarter, section 4, township 23 north, range
48 east, 80 acres;
21. Southwest quarter, section 4, township 23 north, range 48 east,
160 acres;
22. West half southwest quarter, section 5, township 23 north, range
48 east, 80 acres;
23. Southwest quarter northwest quarter, section 5, township 23
north, range 48 east, 40 acres;
24. East half southeast quarter, section 7, township 23 north, range
48 east, 80 acres;
25. West half west half, section 8, township 23 north, range 48 east,
160 acres;
26. East half east half, section 8, township 23 north, range 48 east,
160 acres;
27. Southwest quarter, section 9, township 23 north, range 48 east,
160 acres;
28. South half northwest quarter, section 9, township 23 north, range
48 east, 80 acres;
29. Northwest quarter northwest quarter, section 9, township 23
north, range 48 east, 40 acres;
30. West half, section 16, township 23 north, range 48 east, 320
acres;
31. East half east half, section 17, township 23 north, range 48
east, 160 acres;
32. West half west half, section 17, township 23 north, range 48
east, 160 acres;
33. East half, section 18, township 23 north, range 48 east, 320
acres;
34. Lots 3 and 4, east half, southwest quarter, section 19, township
23 north, range 48 east, 110.79 acres;
35. West half southeast quarter, section 19, township 23 north, range
48 east, 80 acres;
36. Northeast quarter, section 19, township 23 north, range 48 east,
160 acres;
37. West half northwest quarter, section 20, township 23 north, range
48 east, 80 acres;
38. East half southwest quarter, section 20, township 23 north, range
48 east, 80 acres;
39. Southeast quarter, section 20, township 23 north, range 48 east,
160 acres;
40. East half northeast quarter, section 20, township 23 north, range
48 east, 80 acres;
41. West half west half, section 21, township 23 north, range 48
east, 160 acres;
42. Northeast quarter, section 29, township 23 north, range 48 east,
160 acres;
43. West half southeast quarter, section 29, township 23 north, range
48 east, 80 acres;
44. West half, section 29, township 23 north, range 48, east 320
acres;
45. Entire, section 30, township 23 north, range 48 east, 542.28
acres;
46. Entire, section 31, township 23 north, range 48 east, 543.44
acres;
47. Northwest quarter, section 32, township 23 north, range 48 east,
160 acres.
Sec. 2. No conveyance shall be made under this Act unless
application therefor by the University of Nevada is received by the
Secretary of the Interior within one year of the effective date of this
Act.
Sec. 3. The land conveyed by this Act shall be used for the
establishment and operation of a rangeland research station and for the
conduct of associated experimental range management and improvement
programs. The patent or other document of conveyance issued pursuant to
this Act shall incorporate the limitation set forth in this section and
shall provide that title to the land shall revert to the United States
if the land is used for any other purpose.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1006 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 521 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 27, considered and passed Senate.
Vol. 124 (1978): May 1, considered and passed House.
PUBLIC LAW 95-277, 92 STAT. 236
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first paragraph
of the first section of the Act entitled " An Act to create a Library of
Congress Trust Fund Board, and for other purposes", approved March 3,
1925 (2 U.S.C. 154), is amended by inserting after " Secretary of the
Treasury" the following: "(or an Assistant Secretary designated in
writing by the Secretary of the Treasury)".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1067 (Comm. on House Administration).
SENATE REPORT No. 95 - 616 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Jan. 27, considered and passed Senate.
May 1, considered and passed House.
PUBLIC LAW 95-276, 92 STAT. 235
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the vacancy in the Board
of Regents of the Smithsonian Institution, of the class other than
Members of Congress, casused by the resignation of Robert Francis Gohenn
of New Jersey on May 14, 1977, be filled by the appointment of Anne
Legendre Armstrong of Tesax for the staturoty term of six years.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1066 (Comm. on House Administration)
SENATE REPORT No. 95 - 664 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 6, considered and passed Senate.
May 1, considered and passed House.
PUBLIC LAW 95-275, 92 STAT. 234
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the vacancy in the Board
of Regents of the Smithsonian Insitution, of the class other than
Members of Congress, which will occur by the expiration of the term of
John Paul Austin of Georgia on May 11, 1978 be filled by the
reappointment of the present incumbent for the statutory term of six
years.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 95 - 1065 (Comm. on House Administration).
SENATE REPORT No. 95 - 663 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 6, considered and passed Seante.
May 1, considered and passed House.
PUBLIC LAW 95-274, 92 STAT. 233
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the vacancy in the Board
of Regents of the Smithsonian Institution, of the class other than
Members of Congress, which will occur by the expiration of the term of
A. Leon Higginbotham, Junior, of Pennsylvania on May 11, 1978, be filled
by the reappointment of the present incumbent for the statutory term of
six years.
LEGISRATIVE HISTORY:
HOUSE REPORT No. 95 - 1064 (Comm. on House Administration).
SENATE REPORT No. 95 - 662 (Comm. on Rules and Administration)
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 6, considered and passed Senate.
May 1, considered and passed House.
PUBLIC LAW 95-273, 92 STAT. 228, NATIONAL OCEAN POLLUTION RESEARCH
AND DEVELOPMENT AND MONITORING PLANNING ACT OF 1978
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 33 USC
1701 // may be cited as the " National Ocean Pollution Research and
Development and Monitoring Planning Act of 1978".
SEC. 2. // 33 USC 1701. // FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds and declares the following:
(1) Man's activities in the marine environment can have a
profound short-term and long-term impact on such environment and
greatly affect ocean and coastal resources therein.
(2) There is a need to establish a comprehensive Federal plan
for ocean pollution research and development and monitoring, with
particular attention being given to the inputs, fates, and effects
of pollutatnts in the marine environment.
(3) Man will increasingly be forced to rely on ocean and
coastal resources as other resources are depleted. Our ability to
protect, preserve, develop, and utilize these ocean and coastal
resources is directly related to our understanding of the effects
which ocean pollution has upon such resources.
(4) Numerous departments, agencies, and instrumentalities of
the Federal Government sponsor, support, or fund activities
relating to ocean pollution research and development and
monitoring. However, such activities are often uncoordinated and
can result in unnecessary duplication.
(5) Better planning and more effective use of available funds,
personnel, vessels, facilities, and equipment is the key to
effective Federal action regarding ocean pollution research and
development and monitoring.
(b) Purposes.--It is therefore the purpose of the Congress in this
Act--,
(1) to establish a comprehensive 5-year plan for Federal ocean
pollution research and development and monitoring programs in
order to provide planning for, coordination of, and dissemination
of information with respect to such programs within the Federal
Government;
(2) to develop the necessary base of information to support,
and to provide for, the rational, efficient, and equitable
utilization, conservation, and development of ocean and coastal
resources; and
(3) to designate the National Oceanic and Atmospheric
Administration as the lead Federal agency for preparing the plan
referred to in paragraph (1) and to require the Administration to
carry out a comprehensive program of ocean pollution research and
development and monitoring under the plan.
SEC. 3. // 33 USC 1702. // DEFINITIONS.
As used in this Act, unless the context otherwise requires--,
(1) The term " Administration" means the National Oceanic and
Atmospheric Administration.
(2) The term " Administrator" means the Administrator of the
Administration.
(3) The term " Director" means the Director of the Office of
Science and Technology Policy in the Executive Office of the
President.
(4) The term "marine environment" means the coastal zone (as
defined in section 304 (1) of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453 (1))); the seabed, subsoil, and waters of
the territorial sea of the United States; the waters of any zone
over which the United States asserts exclusive fishery management
authority; the waters of the high seas; and the seabed and
subsoil of and beyond the Outer Continental Shelf.
(5) The term "ocean and coastal resource" has the same meaning
as is given such term in section 203 (7) of the National Sea Grant
Program Act (33 U.S.C. 1122 (7)).
(6) The term "ocean pollution" means any short-term or
long-term change in the marine environment.
SEC. 4. // 33 USC 1703. // COMPREHENSIVE FEDERAL PLAN RELATING TO
OCEAN POLLUTION.
(a) Lead Agency for Plan.--The Administrator, in consultation with
the Director and other appropriate Federal officials having authority
over ocean pollution research and development and monitoring programs,
shall prepare, in accordance with this section, a comprehensive 5-year
plan (hereinafter in this Act referred to as the " Plan") for the
overall Federal effort in ocean pollution research and development and
monitoring. The Plan shall be prepared and submitted to Congress and
the President on or before February 15, 1979, and a revision of the Plan
shall be prepared and so submitted by February 15 of each odd-numbered
year occurring after 1979.
(b) Content of Plan.--The Plan shall contain, but need not be limited
to, the following elements:
(1) Assessment and ordering of national needs and problems.
--The Plan shall--,
(2) EXISTING federal capability.--The Plan shall contain--,
(A) a detailed listing of all existing Federal
programs
relating to ocean pollution research and development
and
monitoring (including, but not limited to, general
research on
marine ecosystems), which listing shall include, with
respect
to each such program--,
(3) Policy RECOMMENDATIONS. --If it is determined, as a result
of the analysis required to be made under paragraph (2) (B), that
the priorities set forth pursuant to paragraph (1) (B) will not be
adequately met during the Plan period using the existing Federal
capability described pursuant to paragraph (2) (A), the Plan shall
contain those recommendations for changes in the overall Federal
effort in ocean pollution research and development and monitoring
which would ensure that those priorities are adequately met during
the Plan period. Such recommendations may include, but need not
be limited to--,
(4) Budget review.--The Plan shall contain a description of
actions taken by the Administrator and the Director to coordinate
the budget review process for the purpose of ensuring interagency
coordination and cooperation in (A) the carrying out of Federal
ocean pollution research and development and monitoring programs;
and (B) eliminating unnecessary duplication of effort among such
programs.
(c) For purposes of this section, the term " Plan period" means--,
(1) with respect to the Plan as required to be submitted on
February 15, 1979, the period of 5 fiscal years beginning on
October 1, 1978; and
(2) with respect to each revision of the Plan, the period of 5
fiscal years beginning on October 1 of the year before the year in
which the revision is required to be prepared under subsection
(a).
SEC. 5. // 33 USC 1704. // COMPREHENSIVE OCEAN POLLUTION PROGRAM IN
THE ADMINISTRATION.
(a) Establishment of Program.--The Administrator shall establish
within the Administration a comprehensive, coordinated, and effective
ocean pollution research and development and monitoring program. The
Administrator shall carry out all projects and activities under the
program in a manner consistent with the Plan.
(b) Content of the Program.--The program required to be established
under subsection (a) shall include, but not be limited to--,
(1) all projects and activities relating to ocean pollution
research and development and monitoring for which the
Administrator has responsibility under provisions of law
(including, but not limited to, title II of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1441 - 1444))
other than paragraph (2);
(2) such projects and activities addressed to the priorities
set forth in the Plan pursuant to section 4 (b) (1) (B) that can
be appropriately conducted within the Administration; and
(3) the provision of financial assistance under section 6.
SEC. 6. // 33 USC 1705. // FINANCIAL ASSISTANCE.
(a) Grants and Contracts.--The Administrator may provide financial
assistance in the form of grants or contracts for research and
development and monitoring projects or activities which are needed to
meet priorities set forth in the Plan pursuant to section 4 (b) (1) (B),
if such priorities are not being adequately addressed by any Federal
department, agency, or instrumentality.
(b) Applications for Assistance.--Any person, including institutions
of higher education and departments, agencies, and instrumentalities of
the Federal Government or of any State or political subdivision thereof,
may apply for financial assistance under this section for the conduct of
projects and activities described in subsection (a), and, in addition,
specific proposals may be invited. Each application for financial
assistance shall be made in writing in such form and manner, and contain
such information, as the Administrator may require. The Administrator
may enter into contracts under this section without regard to section
3709 of the Revised Statutes of the United States (41 U.S.C. 5).
(c) Existing Programs.--The projects and activities supported by
grants or contracts made or entered into under this section shall, to
the maximum extent practicable, be administered through existing Federal
programs (including, but not limited to, the National Sea Grant Program)
concerned with ocean pollution research and development and monitoring.
(d) Action by Administrator.--The Administrator shall act upon each
application for a grant or contract under this section within six months
after the date on which all required information is received by the
Administrator from the applicant. Each grant made or contract entered
into under this section shall be subject to such terms and conditions as
the Secretary deems necessary in order to protect the interests of the
United States. The total amount paid pursuant to any such grant or
contract may, in the discretion of the Administrator, be up to 100
percent of the total cost of the project or activity involved.
(e) Records.--Each recipient of financial assistance under this
section shall keep such records as the Administrator shall prescribe,
including records which fully disclose the amount and disposition by
such recipient of the proceeds of such assistance, the total cost of the
project or activity in connection with which such assistance was given
or used, the amount of that portion of the cost of the project or
activity which was supplied by other sources, and such other records as
will facilitate an effective audit. Such records shall be maintained
for three years after the completion of such project or activity. The
Administrator and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access, for the
purpose of audit and examination, to any books, documents, papers, and
records of receipts which, in the opinion of the Administrator or of the
Comptroller General, may be related or pertinent to such financial
assistance.
SEC. 7. // 33 USC 1706. // INTERAGENCY COOPERATION.
The head of each department, agency, or other instrumentality of the
Federal Government which is engaged in or concerned with, or which has
authority over, programs relating to ocean pollution research and
development and monitoring--,
(1) shall cooperate with the Administrator in carrying out the
purposes of this Act;
(2) may, upon written request from the Administrator or
Director, make available to the Administrator or Director, on a
reimbursable basis or otherwise, such personnel (with their
consent and without prejudice to their position and rating),
services, or facilities as may be necessary to assist the
Administrator or the Director to achieve the purposes of this Act;
and
(3) shall, upon a written request from the Administrator or
Director, furnish such data or other information as the
Adminnistrator or Director deems necessary to fulfill the purposes
of this Act.
SEC. 8. // 33 USC 1707. // DISSEMINATION OF INFORMATION.
The Administrator shall ensure that the results, findings, and
information regarding ocean pollution research and development and
monitoring programs conducted or sponsored by the Federal Government be
disseminated in a timely manner, and in useful forms, to relevant
departments, agencies, and instrumentalities of the Federal Government,
and to other persons having an interest in ocean pollution research and
development and monitoring.
SEC. 9. // 33 USC 1708. // EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to amend, restrict, or
otherwise alter the authority of any Federal department, agency, or
instrumentality, under any law, to undertake research and development
and monitoring relating to ocean pollution.
SEC. 10. // 33 USC 1709. // AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administration for the
purposes of carrying out this Act not to exceed $5,000,000 for the
fiscal year ending September 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 626 pt. 1 (Comm. on Science and Technology)
and 95 - 626 pt. 2 (Comm. on Merchant Marine and Sisheries).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Aug. 3, considered and apssed Senate.
Vol. 124 (1978): Feb. 28, considered and passed House,
amended.
April 24, Senate agreed to House amendment.
PUBLIC LAW 95-272, 92 STAT. 222, WHITE HOUSE CONFERENCES ON ARTS AND
HUMANITIES
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
Sec. 101. This title may be referred to as the "1979 White House
Conference on the Arts Act". // 20 USC 951. //
Sec. 102. // 20 USC 951. // The Congress hereby finds and
declares--,
(1) that the development and encouragement of arts activity in
the United States are of the utmost importance to the Nation's
life and heritage;
(2) that concern for the quality of life in the United States
requires constant dedication, planning, and reflection on the
state of the arts in the Nation;
(3) that the arts have an increasingly significant impact on
the economic sector of our society;
(4) that it is appropriate to encourage the maximum and
broadest participation by the Nation's citizenry, including, but
not limited to, artists, knowledgeable citizens and other
interested persons, representatives of State and local
governments, labor, agriculture, business and industry, educators
(including art educators) and experts in all fields of the arts,
in the process of insuring needed support for the arts among all
parties concerned at Federal, State, and local levels; and
(5) that in order to implement these findings, it is desirable
to call a White House Conference on the Arts.
Sec. 103. // 20 USC 951. // (a) The President shall call a White
House Conference on the Arts to be held no later than December 31, 1979.
The purposes of the Conference shall be to help develop a climate in
which the arts can flourish, and recommendations to formulate an
assessment of problems and issues relating to the arts, and to develop
recommendations relating to the appropriate growth of the arts in all
parts of the Nation.
(b) The Conference shall be planned and conducted under the direction
of a Presidentially appointed National Conference Planning Council on
the Arts headed by a Chairman (appointed by the President) from among
the members of the Council. Each department and agency of the Federal
Government shall provide such cooperation and assistance to the Council,
including the assignment of personnel; as may reasonably be required by
the Council.
Sec. 104. // 20 USC 951. // (a) There is hereby established a
National Conference Planning Council on the Arts. The Council shall be
composed of 15 members appointed by the President. The Council shall
provide guidance and planning for the Conference.
(b) (1) Any member of the Council who is otherwise employed by the
Federal Government shall serve without compensation in addition to
compensation received in his regular employment.
(2) Members of the Council, other than any member referred to in
paragraph (1), shall receive pay at rates not to exceed the daily rate
in effect for GS-18 in section 5332 of title 5, United States Code, for
each day they are engaged in the performance of their duties (including
time engaged in travel). While so serving away from their homes or
regular places of business, such members shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner
as authorized in section 5703 of title 5, United States Code, for
persons in Government service employed intermittently.
(c) The Council shall cease to exist 180 days, unless extended by the
President, but in no event a period not to exceed one year, after the
submission of the report required in section 105.
Sec. 105. // 20 USC 951. // A report of the Conference shall be
submitted by the Council to the President and to the Congress no later
than 180 days following the date on which the Conference is called and
shall include recommendations for any legislative action necessary to
implement the recommendations in the required report. The report shall
immediately be made available to the public.
Sec. 106. In carrying out the provisions of this title, // 20 USC
951. // the Council and the Chairman shall--,
(1) request the cooperation and assistance of such other
Federal departments and agencies as may be appropriate, including
Federal advisory bodies having responsibilities in areas affecting
the arts;
(2) render all reasonable assistance, including financial
assistance, to the States in enabling them to organize and conduct
conferences on the arts before the Conference;
(3) prepare and make available necessary background materials
for the use of delegates to the Conference;
(4) prepare and distribute such interim reports of the
Conference as may be appropriate; and
(5) appoint such individuals as may be necessary without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive civil service, and without regard
to chapter 51 and subchapter III of chapter 53 of such title
// 5 USC 5101, 5331. //
relating to classification and General Schedule pay rates, but at
rates of pay not to exceed the rate prescribed for GS-18 in
section 5332 of such title.
Sec. 107. // 20 USC 951. // From any sums appropriated under
section 108, the Chairman, with the approval of the Council, may make a
grant to each State, upon application by the State arts agency of the
State, in order to assist in defraying the costs of the State in
participating in the Conference program, including the conduct of at
least one conference within the State: Provided, That broad and maximum
public participation is assured by such State arts agency which would
include, but not be limited to, artists, knowledgeable citizens and
other interested persons, representatives of State and local government,
labor, agriculture, business and industry, educators (including art
educators), and experts in all fields of the arts.
Sec. 108. // 20 USC 951. // There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this title.
Sec. 109. // 20 USC 951. // For purposes of this title--,
(1) the term " Chairman" means the Chairman of the National
Conference Planning Council on the Arts;
(2) the term " Conference" means the White House Conference on
the Arts;
(3) the term " Council" means the National Conference Planning
Council on the Arts;
(4) the term " State" means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Trust Territory of the Pacific Islands, the Northern
Marianas, and any other territory or possession of the United
States; and
(5) the term "arts" includes, but is not limited to, music
(instrumental and vocal), dance, drama, theater, folk, art,
creative writing, architecture and allied fields, painting,
sculpture, photography, graphic and craft arts, industrial design,
costume and fashion design, motion pictures, television, radio,
tape, and sound recording, and the arts related to the
presentation, performance, execution, and exhibition of such major
art forms.
Sec. 201. This title may be cited as the "1979 White House
Conference on the Humanities Act". // 20 USC 951. //
Sec. 202. // 20 USC 951. // The Congress hereby finds and
declares--,
(1) that the development and encouragement of national strength
in the humanities is of the utmost importance of the life and
heritage of the United States;
(2) that concern for the vitality of democratic institutions,
the character of national policies, and the application of out
national heritage to the needs of the present and future requires
full commitment to, planning for, and reflection on the role of
the humanities in national life;
(3) that the humanities make an increasingly significant
contribution to public and private decisions having major social
and economic impact;
(4) that the relationship of the humanities to the health and
pluralism of the Nation's culture and system of education is of
fundamental importance;
(5) that it is appropriate to encourage the maximum and
broadest participation by the Nation's citizenry, including
knowledgeable citizens and other interested persons, State and
local government, institutions and organizations in the
humanities, representatives of labor, agriculture, business and
industry, educators, scholars, and other participants in all
fields of the humanities in the process of insuring needed support
among all parties concerned at Federal, State, and local levels;
(6) that in order to implement these findings, it is desirable
to call a White House Conference on the Humanities.
Sec. 203. // 20 USC 951. // (a) The President shall call a White
House Conference on the Humanities to be held no later than December 31,
1979. The purpose of the Conference shall be to help develop a climate
in which the humanities can flourish, to formulate an assessment of
problems and issues relating to the humanities, and to develop
recommendations relating to strengthening the humanities in all parts of
the Nation.
(b) The Conference shall be planned and conducted under the direction
of a Presidentially appointed National Planning Council on the
Humanities headed by a Chairman (appointed by the President) from among
the members of the Council. Each department and agency of the Federal
Government shall provide such cooperation and assistance to the Council,
including the assignment of personnel, as may reasonably be required by
the Council.
Sec. 204. // 20 USC 951. // (a) There is hereby established a
National Planning Council on the Humanities. The Council shall be
composed of 15 members appointed by the President. The Council shall
provide guidance and planning for the Conference.
(b) (1) Any member of the Council who is otherwise employed by the
Federal Government shall serve without compensation in addition to
compensation received in his regular employment.
(2) Members of the Council, other than any member referred to in
paragraph (1), shall receive pay at rates not to exceed the daily rate
in effect for GS-18 in section 5332 of title 58, United States Code, for
each day they are engaged in the performance of their duties including
time engaged in travel). While so serving away from their homes or
regular places of business, such members shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner
as authorized in section 5703 of title 5, United States Code, for
persons in Government service employed intermittently.
(c) The Council shall cease to exist 180 days, unless extended by the
President, but in no event a period not to exceed one year, after the
submission of the report required in section 205.
Sec. 205. // 20 USC 951. // A report of the Conference shall be
submitted by the Council to the President and to the Congress no later
than 180 days following the date on which the Conference is called and
shall include recommendations for any legislative action necessary to
implement the recommendations in the required report. The report shall
immediately be made available to the public.
Sec. 206. // 20 USC 951. // In carrying out the provisions of this
title, the Council and the Chairman shall--,
(1) request the cooperation and assistance of such other
Federal departments and agencies as may be appropriate, including
Federal advisory bodies having responsibilities in areas affecting
the humanities;
(2) render all reasonable assistance, including financial
assistance, to the States in enabling them to organize and conduct
conferences on the humanities before the Conference;
(3) prepare and make available necessary background materials
for the use of delegates to the Conference;
(4) prepare and distribute such interim reports of the
Conference as may be appropriate; and
(5) appoint such individuals as may be necessary without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive civil service, and without regard
to chapter 51 and subchapter III of chapter 53 of such title // 5
USC 5101, 5331. // relating to classification and General Schedule
pay rates, but at rates of pay not to exceed the rate prescribed
for GS-18 in section 5332 of such title.
Sec. 207. // 20 USC 951. // (a) From any sums appropriated under
section 208, the Chairman with the approval of Council, may make a grant
to each State, upon application by the State humanities entity of the
State, in order to assist in defraying the costs of the State in
participating in the Conference program, including the conduct of at
least one conference within the State: Provided, That the broadest and
maximum public participation is assured by such State humanities entity
which would include, but would not be limited to, knowledgeable citizens
and other interested persons, State and local government, institutions
and organizations in the humanities, representatives of labor,
agriculture, business and industry, educators, scholars, and other
participants in all fields of the humanities.
Sec. 208. // 20 USC 951. // There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this title.
Sec. 209. // 20 USC 951. // For purposes of this title--,
(1) the term " Chairman" means the Chairman of the National
Planning Council on the Humanities;
(2) the term " Conference" means the White House Conference on
the Humanities;
(3) the term " Council" means the National Planning Council on
the Humanities;
(4) the term " State" means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Trust Territory of the Pacific Islands, the Northern
Marianas, and any other territory or possession of the United
States; and
(5) the term "humanities" includes, but is not limited to, the
study of the following: language, both modern and classical;
linguistics; literature; history; jurisprudence; philosophy;
archeology; comparative religion; ethics; the history,
criticism, theory, and practice of the arts; those aspects of the
Social sciences which have humanistic content and employ
humanistic methods; and the study and application of the
humanities to the human environment with particular attention to
the relevance of the humanities to the current conditions of
national life.
Sec. 301. (a) Section 804 of the Education Amendments of 1974 (20 U.
S.C. 1221 - 1 note) is amended by striking out "1977" each place it
appears therein and inserting in lieu thereof "1980".
(b) Section 804 (e) of the Education Amendments of 1974 (20 U.S.C.
1221 - 1 note) is amended by striking out " June 30, 1978" and inserting
in lieu thereof " September 30, 1981".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 887 (Comm. on Education and Labor).
SENATE REPORT No. 95 - 736 (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Feb. 21, considered and passed House.
Apr. 1, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 18: May
3, Presidential statement.
PUBLIC LAW 95-271, 92 STAT. 221
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the second
paragraph of section 112(c) of title 28, United States Code, is amended
to read as follows:
" Court for the Eastern District shall be held at Brooklyn and
Hempstead (including the village of Uniondale).".
Sec. 2. The United States District Court for the Eastern District of
New York, by order made anywhere within its district, may pretermit the
regular session of court at Hempstead until Federal quarters and
accommodations are available and ready for occupancy, except that for
the entire period and such pretermission, a special session of the court
shall be held at Westbury. Pretermission may be ordered without regard
to the provisions of section 140(a) of title 28, United States Code.
Sec. 3. Notwithstanding the provisions of section 142 of title 28,
United States Code, the Administrator of General Services, at the
request of the Director of the Administrative Office of the United
States Courts, shall continue to provide existing quarters and
accommodations at Westbury for the duration of the special session held
pursuant to section 2 of this Act. Appropriations to the judicial
branch of Government shall be available to the Director to make
necessary disbursements for such quarters and accommodations, and to pay
user charges as required by section 210 of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490), at
rates otherwise authorized by law.
Sec. 4. Notwithstanding the provisions of section 456 of title 28,
United States Code, any judge, and any officer or employee of the
judicial branch, whose official station is, on the day before the date
of enactment of this Act, Westbury, may maintain that official station
for the duration of the special session held pursuant to section 2 of
this Act.
Sec. 5. The Director of the Administrative Office of the United
States Courts may pay travel and transportation expenses in accordance
with subchapter II, chapter 57 of title 5, United States Code, to any
officer or employee of the judicial branch whose official station
changes as a consequence of this Act and who relocates his residence
incident to such change of official station.
LEGISLATIVE HISTORY:
SENATE REPORT No. 95 - 728 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 12, considered and passed Senate.
Apr. 25, considered and passed House.
PUBLIC LAW 95-270, 92 STAT. 220, HUBERT HUMPHREY INSTITUTE OF PUBLIC
AFFAIRS AND THE EVERRET MCKINLEY, DIRKSEN CONGRESSIONAL LEADERSHIP
RESEARCH CENTER ASSISTANCE ACT.
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 " Hubert H. Humphrey Institute of Public Affairs and the
Everett Mc Kinley Dirksen Congressional Leadership Research Center
Assistance Act". // 20 USC 2566 //
Sec. 2. (a) In recognition of the public service of Senator Hubert
H. Humphrey, the Commissioner of Education (hereafter in this Act
referred to as the " Commissioner") is authorized to make grants in
accordance with the provisions of this Act to assist in the development
of the Hubert H. Humphrey Institute of Public Affairs, located at the
University of Minnesota, Minneapolis-Saint Paul.
(b) In recognition of the public service of Senator Everett Mc Kinley
Dirksen, the Commissioner is authorized to make grants in accordance
with the provisions of this Act to assist in the developmeny of the
Everett Mc Kinley Dirksen Congressional Leadership Research Center,
located in Pekin, Illinois.
Sec. 3. No payment may be made under this Act // 20 USC 2568. //
except upon an application at such time, in such manner, and containing
or accompanied by such information as the Commissioner may require.
Sec. 4. (a) There are authorized to be appropriated such sums, not
to exceed $5,000,000, as may be necessary to carry out the provisions of
section 2(a) of this Act. // 20 USC 2569 //
(b) There are authorized to be appropriated such sums, not to exceed
$2,500,000, as may be necessary to carry out the provisions of section
2(b) of this Act.
(c) Funds appropriated pursuant to this Act shall remain available
until expended.
(d) This Act // 20 USC 2566 // shall take effect October 1, 1978.
LEGISLATIVE HISTORY:
SENATE REPORT No. 95 - 706 (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 22, considered and passed Senate.
Apr. 18, considered and passed House, amended.
Apr. 19, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 17: Apr.
27, Presidential statement.
PUBLIC LAW 95-269, 92 STAT. 218
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3 of the
Act of August 11, 1888 (25 Stat. 423; 33 U.S.C. 622), is amended to
read as follows:
" Sec. 3. (a) The Secretary of the Army, acting through the Chief of
Engineers (hereinafter referred to as the ' Secretary'), in carrying out
projects for improvement of rivers and harbors (other than surveys,
estimates, and gagings) shall, by contract or otherwise, carry out such
work in the manner most economical and advantageous to the United
States. The Secretary shall have dredging and related work done by
contract if he determines private industry has the capability to do such
work and it can be done at reasonable prices and in a timely manner.
During the four-year period which begins on the date of enactment of
this subsection, the Secretary may limit the application of the second
sentence of this subsection for work for which the federally owned fleet
is available to achieve an orderly transition to full implementation of
this subsection.
"(b) As private industry reasonably demonstrates its capability under
subsection (a) to perform the work done by the federally owned fleet, at
reasonable prices and in a timely manner, the federally owned fleet
shall be reduced in an orderly manner, as determined by the Secretary,
by retirement of plant. To carry out emergency and national defense
work the Secretary shall retain only the minimum federally owned fleet
capable of performing such work and he may exempt from the provisions of
this section such amount of work as he determines to be reasonably
necessary to keep such fleet fully operational, as determined by the
Secretary, after the minimum fleet requirements have been determined.
Notwithstanding the preceding sentence, in carrying out the reduction of
the federally owned fleet, the Secretary may retain so much of the
federally owned fleet as he determines necessary, for so long as he
determines necessary, to insure the capability of the Federal Government
and private industry together to carry out projects for improvements of
rivers and harbors. For the purpose of making the determination
required by the preceding sentence the Secretary shall not exempt any
work from the requirements of this section. The minimum federally owned
fleet shall be maintained to technologically modern and efficient
standards, including replacement as necessary. The Secretary is
authorized and directed to undertake a study to determine the minimum
federally owned fleet required to perform emergency and national defense
work. The study, which shall be submitted to Congress within two years
after enactment of this subsection, shall also include preservation of
employee rights of persons presently employed on the existing federally
owned fleet.".
Sec. 2. Section 8 of the Act of March 2, 1919 (40 Stat. 1290; 33
U.S.C. 624), is amended to read as follows:
" Sec. 8. (a) No works of river and harbor improvement shall be done
by private contract--,
"(1) if the Secretary of the Army, acting through the Chief of
Engineers, determines that Government plant is reasonably
available to perform the subject work and the contract price for
doing the work is more than 25 per centum in excess of the
estimated comparable cost of doing the work by Government plant;
or
"(2) in any other circumstance where the Secretary of the Army,
acting through the Chief of Engineers, determines that the
contract price is more than 25 per centum in excess of what he
determines to be a fair and reasonable estimated cost of a
well-equipped contractor doing the work.
"(b) In estimating the comparable cost of doing the work under
subsection (a)(1) by Government plant the Secretary of the Army, acting
through the Chief of Engineers shall, in addition to the cost of labor
and materials, take into account proper charges for depreciation of
plant, all supervising and overhead expenses, interest on the capital
invested in the Government plant (but the rate of interest shall not
exceed the maximum prevailing rate being paid by the United States on
current issues of bonds or other evidences of indebtedness) and such
other Government expenses and charges as the Chief of Engineers
determines to be appropriate.
"(c) In determining a fair and reasonable estimated cost of doing
work by private contract under subsection (a)(2), the Secretary of the
Army, acting through the Chief of Engineers, shall, in addition to the
cost of labor and materials, take into account proper charges for
depreciation of plant, all expenses for supervision, overhead, workmen's
compensation, general liability insurance, taxes (State and local),
interest on capital invested in plant, and such othe expenses and
charges the Secretary of the Army, acting through the Chief of
Engineers, determines to be appropriate.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 605 (Comm. on Public Works and Transportation).
SENATE REPORT No. 95 - 722 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept, 27, considered and passed House.
Vol. 124 (1978): Apr. 5, considered and passed Senate,
amended.
Apr. 13, House agreed to Senate amendments.
PUBLIC LAW 95-268, 92 STAT. 213, OVERSEAS PRIVATE INVESTMENT
CORPORATION AMENDMENTS ACT of 1978
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Overseas Private
Investment Corporation Amendments Act of 1978". // 22 USC 2151. //
Sec. 2. Section 231 of the Foreign Assistance Act of 1961 // 22 USC
2191. // is amended--,
(1) by inserting after the first undesignated paragraph the
following new undesignated paragraph:
" The Corporation, in determining whether to provide insurance,
financing, or reinsurance for a project, shall especially--,
"(1) be guided by the economic and social development impact
and benefits of such a project and the ways in which such a
project complements, or is compatible with, other development
assistance programs or projects of the United States or other
donors; and
"(2) give preferential consideration to investment projects in
less developed countries that have per capita incomes of $520 or
less in 1975 United States dollars, and restrict its activities
with respect to investment projects in less developed countries
that have per capita incomes of $1,000 or more in 1975 United
States dollars.";
(2) by amending subsection (e) to read as follows:
"(e) to the maximum degree possible consistent with its
purposes--,
(3) in subsection (m), by striking out the period at the end
thereof and inserting in lieu thereof"; and";
(4) by adding at the end thereof the following new
subsection:
"(n) to decline to issue any contract of insurance or
reinsurance, or any guaranty, or to enter into any agreement to
provide financing for an eligible investor's proposed investment
if the Corporation determines that such investment is likely to
cause a significant reduction in the number of employees in the
United States."; and
(5) by striking out subsections (f) and (l), and redesignating
subsections (g), (h), (i), (j), (k), (m), and (n) as subsections
(f), (g), (h), (i), (j), (k), and (l), respectively.
Sec. 3. Section 234 of the Foreign Assistance Act of 1961 // 22 USC
2194 // is amended--,
(1) in subsection (a)(2), by striking out all after "total
project financing" and inserting in lieu thereof a period;
(2) in subsection (a) (3) and subsection (b), by striking out
"total face amount" each place it appears and inserting in lieu
thereof "maximum contingent liability";
(3) by striking out paragraphs (4) through (7) of subsection
(a);
(4) in subsection (c), by adding the following new sentence at
the end of the first paragraph: " Loans may be made under this
subsection only for projects that are sponsored by or
significantly involve United States small business or
cooperatives.";
(5) by striking out the last paragraph of subsection (c) and
inserting in lieu thereof the following:
" No loan may be made under this subsection to finance any operation
for the extraction of oil or gas. The aggregate amount of loans under
this subsection to finance operations for the mining or other extraction
of any deposit of ore or other nonfuel minerals may not in any fiscal
year exceed $4,000,000.";
(6) in the first sentence of subsection (d), by striking out
all after "private investors" and inserting in lieu thereof a
comma and the following: "except that--,
(7) in paragraph (1) of subsection (f) by striking out the
period at the end thereof and inserting in lieu thereof the
following:"; except that (A) such agreements and contracts shall
be consistent with the purposes of the Corporation set forth in
section 231 of this Act and shall be on equitable terms, and (B)
the Corporation shall not make or carry out any association or
risk-sharing agreement for the direct underwriting of insurance by
the Corporation with others, other than on an individual basis
where such direct underwriting facilitates the purposes of the
Corporation as set forth in section 231 of this Act.".
Sec. 4. Section 235 of the Foreign Assistance Act of 1961 // 22 USC
2195. // is amended--,
(1) in subsection (a) (2), by striking out ", of which
guaranties of credit union investment shall not exceed
$1,250,000"; and
(2) in subsection (a)(4), by striking out " December 31, 1977"
and inserting in lieu thereof " September 30, 1981".
Sec. 5. Section 237(f) of the Foreign Assistance Act of 1961 // 22
USC 2197 // is amended--,
(1) by inserting before the period at the end of the first
sentence a comma and the following: "except that the Corporation
may provide for appropriate adjustments in the insured dollar
value to reflect the replacement cost of project assets"; and
(2) by inserting before the period at the end of the second
sentence a comma and the following: "except that such limitation
shall not apply to direct insurance or reinsurance of loans by
banks or other financial institutions to unrelated parties".
Sec. 6. Section 237 of the Foreign Assistance Act of 1961 // 22 USC
2197. // is amended by adding at the end thereof the following new
subsection:
"(1)(1) No payment may be made under any insurance or reinsurance
which is issued under this title on or after the date of enactment of
this subsection for any loss occurring with respect to a project, if the
preponderant cause of such loss was an act by the investor seeking
payment under this title, by a person possessing majority ownership and
control of the investor at the time of the act, or by any agent of such
investor or controlling person, and a court of the United States has
entered a final judgment that such act constituted a violation under the
Foreign Corrupt Practices Act of 1977. // 15 USC 78a //
"(2) Not later than 120 days after the date of enactment of this
subsection, the Corporation shall adopt regulations setting forth
appropriate conditions under which any person convicted under the
Foreign Corrupt Practices Act of 1977 for an offense related to a
project insured or otherwise supported by the Corporation shall be
suspended, for a period of not more than five years, from eligibility to
receive any insurance, reinsurance, guaranty, loan, or other financial
support authorized by this title.".
Sec. 7. Section 239 of the Foreign Assistance Act of 1961 // 22 USC
2199. // is amended--,
(1) in subsection (b), by striking out the second paragraph
thereof;
(2) in subsection (d), by inserting after "section 231(c)" in
the parenthetical the following: "or participation certificates
as evidence of indebtedness held by the Corporation in connection
with settlement of claims under section 237(i)"; and
(3) by adding at the end thereof the following new subsections:
"(i) In order to carry out the policy set forth in paragraph (1) of
the second undesignated paragraph of section 231 of this Act, the
Corporation shall prepare and maintain for each investment project it
insures, finances, or reinsures, a development impact profile consisting
of data appropriate to measure the projected and actual effects of such
project on development. Criteria for evaluating projects shall be
developed in consultation with the Agency for International Development.
"(j) The Corporation shall not provide any insurance, reinsurance,
guaranty, loan, or other financial support authorized by section 234 for
any new or significantly expanded project involving the exploration for
or the mining of or other extraction of copper if such new or expanded
production of copper is planned to begin before January 1, 1981, and the
Corporation shall not support any such project which would begin
production after such date if the project will cause injury to the
primary United States copper industry.
"(k) The Corporation may not provide any insurance, reinsurance,
guaranty, financing, or other financial support authorized by section
234 for any project to establish or expand production or processing of
palm oil, sugar, or citrus crops for export.".
Sec. 8. Section 23. of the Foreign Assistance Act of 1961, // 22 USC
2199. // as amended by section 7 of this Act, is further amended by
adding at the end thereof the folliwing new subsection:
"(1) The Corporation shall take into account in the conduct of its
programs in a country, in consultation with the Secretary of State, all
available information about observance of and respect for human rights
and fundamental freedoms in such country and the effect the operation of
such programs will have on human rights and fundamental freedoms in such
country. The provisions of section 116 of this Act // 22 USC 2151n. //
shall apply to any insurance, reinsurance, guaranty, or loan issued by
the Corporation for projects in a country, except that in addition to
the exception (with respect to benefiting needy people) set forth in
subsection (a) of such section, the Corporation may support a project if
the national security interest so requires.".
Sec. 9. The Foreign Assistance Act of 1961 is amended by inserting
after section 239 the following new section:
" Sec. 240. // 22 USC 2200 // Small Business Development.--The
Corporation shall undertake, in cooperation with appropriate
departments, agencies, and instrumentalities of the United States as
well as private entities and others, to broaden the participation of
United States small business, cooperatives, and other small United
States investors in the development of small private enterprise in less
developed friendly countries or areas. The Corporation shall allocate
up to 50 per cent of its annual net income, after making suitable
provision for transfers and additions to reserves, to assist and
facilitate the development of projects consistent with the provisions of
this section. Such funds may be expended, notwithstanding the
requirements of section 231(a), on such terms and conditions as the
Corporation may determine, through loans, grants, or other programs
authorized by section 234.".
Sec. 10. Section 240 A of the Foreign Assistance Act of 1961 // 22
USC 2200a. // is amended to read as follows:
" Sec. 240 A. Reports to the Congress.--(a) After the end of each
fiscal year, the Corporation shall submit to the Congress a complete and
detailed report of its operations during such fiscal year. Such report
shall include--,
"(1) an assessment, based upon the development impact profiles
required by section 239(i), of the economic and social development
impact and benefits of the projects with respect to which such
profiles are prepared, and of the estent to which the operations
of the Corporation complement or are compatible with the
development assistance programs of the United States and other
donors; and
"(2) a description of any project for which the Corporation--,
"(b) Not later than September 30, 1980, the Corporation shall submit
to the Congress a report on the development of private and multilateral
programs for investment insurance and any reinsurance arrangements the
Corporation has made with private insurance companies, multilateral
organizations and institutions, or other entities.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 670 (Comm. on International Relations) and
No. 95 - 1043 (Comm. of Conference).
SENATE REPORT No. 95 - 505 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 25, S. 1771 considered and passed
Senate. Nov. 2, 3, considered in House.
Vol. 124 (1978): Feb. 23, considered and passed House. Mar.
6, considered and passed Senate, amended, in lieu of S. 1771.
Apr. 6, Senate agreed to conference report. Apr. 11, House agreed
to conference report.
PUBLIC LAW 95-267, 92 STAT. 212
Whereas architectural barriers infringe upon the rights of the
physically handicapped by impeding their access to buildings and other
facilities in the United States; and
Whereas the Congress has enacted legislation requiring the removal of
architectural barriers at institutions receiving Federal funds; and
Whereas the Internal Revenue Code of 1954 provides deductions of as
much as $25,000 per year to taxpayers to encourage the removal of
architectural barriers; and
Whereas public commitment is necessary to achieve the goal of
removing architectural barriers from buildings and other facilities in
the United States; and
Whereas public commitment to solve the problem of architectural
barriers is based upon public awareness of such problem and the means to
solve such problem; and
Whereas the American National Standrds Institute has developed
standards which, if implemented, would increase the accessibility of
buildings and other facilities in the United States to the physically
handicapped: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States is authorized and requested to issue a proclamation
designating the third week of May of 1978 and 1979 as " National
Architectural Barrier Awareness Week", and calling upon the people of
the United States to observe such week with appropriate activities.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 918 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol.124 (1978):
Mar. 6, considered and passed House.
Apr. 11, considered and passed Senate.
PUBLIC LAW 95-266, 92 STAT. 205, CHILD ABUSE PREVENTION AND TREATMENT
AND ADOPTION REFORM ACT OF 1978
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 " Child Abuse Prevention and Treatment and Adoption Reform
Act of 1978". // 42 USC 5101 //
Sec. 101. Section 2 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5101) (hereinafter in this title referred to as "the Act") is
amended by--,
(1) (A) striking out "and publish" and inserting in lieu
thereof "publish, and disseminate" in clause (1) of subsection
(b);
(B) striking out "and publish" and inserting in lieu thereof a
comma and "publish, and disseminate" in clause (3) of subsection
(b);
(C) striking out "and" after clause (5) of subsection (b);
(D) striking out the period at the end of clause (6) of
subsection (b) and inserting in lieu thereof a semicolon and
"and"; and
(E) adding after clause (6) of subsection (b) the following:
"(7) in consultation with Federal agencies serving on the
Advisory Board on Child Abuse and Neglect (established by section
6 of this Act),
// 42 USC 5105. //
prepare a comprehensive plan for seeking to bring about maximum
coordination of the goals, objectives, and activities of all
agencies and organizations which have responsibilities for
programs and activities related to child abuse and neglect, and
submit such plan to such Advisory Board not later than twelve
months after the date of enactment of this clause.
The Secretary shall establish research priorities for making grants or
contracts under clause (5) of this subsection and, not less than sixty
days before establishing such priorities, shall publish in the Federal
Register for public comment a statement of such proposed priorities.";
(2) inserting at the end of subsection (c) the following new
sentences: " Grants may be made under subsection (b) (5) for
periods of not more than three years. Any such grant shall be
reviewed at least annually by the Secretary, utilizing peer review
mechanisms to assure the quality and progress of research
conducted under such grant."; and
(3) adding after subsection (c) the following new
subsection:
"(d) The Secretary shall make available to the Center such staff and
resources as are necessary for the Center to carry out effectively its
functions under this Act.".
Sec. 102. Section 3 of the Act (42 U.S.C. 5102) is amended by--,
(1) inserting "or exploitation" after "sexual abuse"; and
(2) inserting a comma and "or the age specified by the child
protection law of the State in question," after "eighteen".
Sec. 103. Section 4 of the Act (42 U.S.C. 5103) is amended by--,
(1) amending subsection (a) by--,
(2) amending subsection (b) by--,
failed to
obligate funds awarded under this subsection within
eighteen
months after the date of award, the next award under
this
subsection made after the expiration of such period
shall be
reduced by an amount equal to the amount of such
unobligated
funds unless the Secretary determines that
extraordinary
reasons justify the failure to so obligate."; and
(3) amending the heading for such section to read as
follows:
" DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS".
Sec. 104. Section 5 of the Act (42 U.S.C. 5104) is amended by--,
(1) striking out "and" after "1975," and striking out the
period at the end thereof and inserting in lieu thereof a comma
and the following: "$25,000,000 for the fiscal year ending
September 30, 1978, $27,500,000 for the fiscal year ending
September 30, 1979, and $30,000,000 each for the fiscal years
ending September 30, 1980, and September 30, 1981, respectively.
Of the funds appropriated for any fiscal year under this section,
not less than 50 per centum shall be used for making grants or
contracts under sections 2(b)(5)
// 42 USC 5101. //
(relating to research) and 4(a)
// 42 USC 5103. //
(relating to demonstration or service projects), giving special
consideration to continued Federal funding of child abuse and
neglect programs or projects (previously funded by the Department
of Health, Education, and Welfare) of national or regional scope
and demonstrated effectiveness, of not less than 25 per centum
shall be used for making grants or contracts under section 4(b)(
1) (relating to grants to States) for the fiscal years ending
September 30, 1978, and September 30, 1979, respectively, and not
less than 30 per centum shall be used for making grants or
contracts under section 4(b)(1)
// 42 USC 5103. //
(relating to grants to States) for each of the fiscal years ending
September 30, 1980, and September 30, 1981, respectively."; and
(2) inserting "(a)" after " Sec. 5." and adding at the end
thereof the following new subsection:
"(b)(1) There are authorized to be appropriated $3,000,000 for the
fiscal year ending September 30, 1978, $3,500,000 for the fiscal year
ending September 30, 1979, and $4,000,000 each for the fiscal years
ending September 30, 1980, and Septemberr 30, 1981, respectively, for
the purpose of making grants and entering into contracts (under sections
2(b)(5) // 42 USC 5101. // (relating to research), 4(a) (relating to
demonstration or services projects), and 4(b)(1) (relating to grants to
States)) for programs and projects (including the support of not less
than three Centers for the provision of treatment, and personnel
training, and other related services) designed to prevent, identify, and
treat sexual abuse of children, including programs involving the
treatment of family units, programs for the provision of treatment and
related services to persons who have committed acts of sexual abuse
against children, and programs for the training of personnel.
"(2) Of the sums appropriated under this subsection, not more than 10
per centum shall be expended under section 2(b)(5) (relating to
research).
"(3) As used in this subsection, the term--,
"(A) 'sexual abuse' includes the obscene or pornographic
photographing, filming, or depiction of children for commercial
purposes, or the rape, molestation, incest, prostitution, or other
such forms of sexual exploitation of children under circumstances
which indicate that the child's health or welfare is harmed or
threatened thereby, as determined in accordance with regulations
prescribed by the Secretary; and
"(B) 'child' or 'children' means any individual who has not
attained the age of eighteen.
"(4) (A) Nothing contained in the provisions of this subsection shall
be construed as prohibiting the use of funds appropriated under
subsection (a) for programs and projects described in subsection (b),
nor be construed to prohibit programs or projects receiving funds under
subsection (a) from receiving funds under subsection (b).
"(B) No funds shall be obligated or expended under this subsection
unless an amount at least equal to the amount of funds appropriated in
fiscal year 1977 has been appropriated for programs and projects under
subsection (a) for any succeeding fiscal year.".
Sec. 105. Section 6 of the Act (42 U.S.C. 5105) is amended by--,
(1) inserting before the period at the end of the first
sentence in subsection (a) a comma and "and not less than three
members from the general public with experience or expertise in
the field of child abuse and neglect";
(2) striking out "administered" both places it appears in the
second sentence in subsection (a) and inserting in lieu thereof
"planned, administered,"; and
(3) striking out subsection (b) and subsection (c) and
inserting in lieu thereof the following new subsections:
(b) The Advisory Board shall review the comprehensive plan submitted
to it by the Center pursuant to section 2(b)(7), // 42 USC 5101. //
make such changes as it deems appropriate, and submit to the President
and the Congress a final such plan not later than eighteen months after
the effective date of this subsection.
"(c) Members of the Advisory Board, other than those regularly
employed by the Federal Government, while serving on business of the
Advisory Board, shall be entitled to receive compensation at a rate not
in excess of the daily equivalent payable to a GS-18 employee under
section 5332 of title 5, United States Code, including travel-time;
and, while so serving away from their homes or regular places of
business, they may be allowed travel expenses (including per diem in
lieu of subsistence) as authorized by section 5703 of such title for
persons in the Government service employed intermittently.".
Sec. 201. // 42 USC 5111 // The Congress hereby finds that many
thousands of children remain in institutions or foster homes solely
because of legal and other barriers to their placement in permanent,
adoptive homes; that the majority of such children are of school age,
handicapped, or both; that adoption may be the best alternative for
assuring the healthy development of such children; that there are
qualified persons seeking to adopt such children who are unable to do so
becuase of barriers to their placement; and that, in order both to
enhance the stability and love of the child's home environment and to
avoid wasteful expenditures of pubic funds, such children should not be
maintained in foster care or institutions when adoption is appropriate
and families for them can be found. It is, therefore, the purpose of
this title to facilitate the elimination of barriers to adoption and to
provide permanent and loving home environments for children who would
benefit by adoption, particularly children with special needs by--,
(1) promoting the establishment of model adoption legislation
and procedures in the States and territories of the United States
in order to eliminate jurisdictional and legal obstacles to
adoption; and
(2) providing a mechanism for the Department of Health,
Education, and Welfare to (A) promote quality standards for
adoption services (including pre-placement, post-placement, and
post-adoption counseling and standards to protect the rights of
children in need of adoption), and (B) provide for a national
adoption and foster care information data gathering and analysis
system and a national adoption information exchange system to
bring together children who would benefit by adoption and
qualified prospective adoptive parents who are seeking such
children.
Sec. 202. (a) Not later than eighteen months after the date of
enactment of this Act, // 42 USC 5112 // the Secretary of Health,
Education, and Welfare (hereinafter referred to as the " Secretary")
shall issue, based on the recommendations of the panel described in
subsection (b) of this section, proposed model adoption legislation and
procedures and publish such proposal in the Federal Register for
comment. After soliciting and giving due consideration to the comments
of interested individuals, groups, and organizations and consulting
further with such panel, the Secretary shall issue and publish model
adoption legislation and procedures which shall not conflict with the
provisions of any interstate compact in operation pursuant to which
States are making, supervising, or regulating placements of children.
(b)(1) Not later than ninety days after the date of enactment of this
Act, the Secretary shall appoint a panel (hereinafter referred to as the
"panel") to be composed of not less than eleven nor more than seventeen
members generally representative of public and voluntary organizations,
agencies, and persons interested and with expertise and experience in
facilitating the achievement of the purposes of this title (including,
but not limited to, national, State, and local child welfare
organizations, including those representative of minorities, and
adoptive parent organizations). The panel shall (A) review current
conditions, practices, and laws relating to adoption, with special
reference to their effect on facilitating or impeding the location of
suitable adoptive homes for children who would benefit by adoption and
the completion of suitable adoptions for such children; and (B) not
later than twelve months after the date on which the members of the
panel have been appointed, propose to the Secretary model (including
adoption assistance agreement) legislation and procedures relating to
adoption designed to facilitate adoption by families of all economic
levels.
(2) The panel shall be terminated thirty days after the Secretary
publishes the final model legislation and procedures pursuant to
subsection (a) of this section.
(3) Members of the panel, other than those regularly employed by the
Federal Government, while serving on business of the panel shall be
entitled to receive compensation at a rate not in excess of the daily
equivalent of the rate payable to a GS-18 employee under section 5322 of
title 5, United States Code, including traveltime; and, while so
serving away from their homes or regular places of business, they may be
allowed travel expenses (including per diem in lieu of subsistence) as
authorized by section 5703 of such title for persons in the Government
service employed intermittently.
(c) The Secretary shall take such steps as he or she deems necessary
to encourage and facilitate the enactment in each State of comprehensive
adoption assistance legislation and the establishment in each State of
the model legislation and procedures published pursuant to subsection
(a) of this section.
Sec. 203. // 42 USC 5113. // (a) The Secretary shall establish in
the Department of Health, Education, and Welfare an appropriate
administrative arrangement to provide a centralized focus for planning
and coordinating of all departmental activities affecting adoption and
foster care and for carrying out the provisions of this title. The
Secretary shall make available such consultant services and personnel,
together with appropriate administrative expenses, as are necessary for
carrying out such purposes.
(b) In connection with carrying out the provisions of subsection (a)
of this section, the Secretary shall--,
(1) provide (directly or by grant to or contract with public or
private nonprofit agencies and organizations) for the
establishment and operation of a national adoption and foster care
data gathering and analysis system utilizing data collected by
States pursuant to requirements of law;
(2) conduct (directly or by grant to or contract with public or
private nonprofit agencies or organizations) an education and
training program on adoption, and prepare, publish, and
disseminate (directly or by grant to or contract with public or
private nonprofit agencies and organizations) to all interested
parties, public and private agencies and organizations (including,
but not limited to, hospitals, health care and family planning
clinics, and social services agencies), and governmental bodies,
information and education and training materials regarding
adoption and adoption assistance programs;
(3) notwithstanding any other provision of law, provide
(directly or by grant to or contract with public or private
non-profit agencies or organizations) for (A) the operation of a
national adoption information exchange system (including only such
information as is necessary to facilitate the adoptive placement
of children, utilizing computers and data processing methods to
assist in the location of children who would benefit by adoption
and in the placement in adoptive homes of children awaiting
adoption); and (B) the coordination of such system with similar
State and regional systems;
(4) provide (directly or by grant to or contract with public or
private nonprofit agencies or organizations, including parent
groups) for the provision of technical assistance in the planning,
improving, developing, and carrying out of programs and activities
relating to adoption; and
(5) consult with other appropriate Federal departments and
agencies in order to promote maximum coordination of the services
and benefits provided under programs carried out by such
departments and agencies with those carried out by the Secretary,
and provide for the coordination of such aspects of all programs
within the Department of Health, Education, and Welfare relating
to adoption.
Sec. 204. The Secretary shall provide for a study (the results of
which shall be reported to the appropriate committees of the Congress
not later than eighteen months after the date of enactment of this Act)
// 42 USC 5114. // designed to determine the nature, scope, and effects
of the interstate (and, to the extent feasible, intrastate) placement of
children in adoptive homes (not including the homes of stepparents or
relatives of the child in question) by persons or agencies which are not
licensed by or subject to regulation by any governmental entity.
Sec. 205. // 42 USC 5115. // There are authorized to be
appropriated $5,000,000 for the fiscal year ending September 30, 1978
and such sums as may be necessary for the succeeding three fiscal years
to carry out this title.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 609 (Comm. on Education and Labor).
SENATE REPORT No. 95 - 167 accompanying S. 961 (Comm. on Human
Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 26, considered and passed House. Oct.
27, considered and passed Senate, amended, in lieu of S. 961.
Vol. 124 (1978): Apr. 10, House agreed to Senate amendments
with amendments. Apr. 12, Senate concurred in House amendments.
PUBLIC LAW 95-265, 92 STAT. 203
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Secretary
of the Interior, hereinafter referred to as the " Secretary", shall
issue to the county of Mineral, State of Nevada, a patent or other
instrument of conveyance for the land owned by the United States and
comprising approximately two thousand six hundred and twenty acres
described in this section, or any portion thereof, upon payment into the
Treasury of the United States the appraised value of the parcel to be
conveyed, plus the costs of appraisal, surveys and extinguishing adverse
claims: Provided, That any of the land described in this section which
remains uncoveyed to the county of Mineral on and after five years from
the date of approval of this Act shall no longer be subject to
conveyance under this Act.
(b) The following described lands situated in the State of Nevada are
hereby made subject to this Act:
(1) The west half of the northwest quarter of section 26,
township 8 north, range 30 east; the part of the northwest
quarter of the wouthwest quarter of section 26, township 8 north,
range 30 east, that is north of the highway 95 right-of-way.
(2) The northwest quarter of the northeast quarter and the east
half of the east half of section 25, township 8 north, range 29
east; all of sections 29 and 30, twonship 8 north, range 30 east;
the north half of the southeast quarter of section 28, township 7
north, range 30 east.
(3) The part of section 21, township 7 north, range 30 east,
that is west of Nevada State Highway Route 31; the north half of
the northwest quarter and the southeast quarter of the northwest
quarter of section 28, township 7 north, range 30 east; the part
of the northeast quarter of section 28, township 7 north, range 30
east, that is west of Nevada State Highway Route 31; the part of
section 27, township 7 north, range 30 east, that is west of
Nevada State Highway Route 31; the east half of the northwest
quarter and the north half of the southeast quarter of section 34,
township 7 north, range 30 east; the part of the northeast
quarter of section 34, township 7 north, range 30 east, that is
west of Nevada State Highway Route 31; the part of section 35,
township 7 north, range 30 east, that is west of Nevada State
Highway Route 31.
Sec. 2. Upon receipt of a request from the county of Mineral, State
of Nevada, for the purchase of a tract of the lands described in section
1, the Secretary shall immediately cause the same to be appraised and,
upon completion of such appraisal, shallnotify the county of Mineral of
the appraised value of such tract and the county shall have six months
from the date of such notice to complete the purchase of such tract by
payment of the appraised value into the Treasury of the United States
whereupon the Secretary shall issue a patent or other instrument
conveying such tract to such county. Any such patent or other
instrument of conveyance shall be subject to valid existing rights and
easements of record; and shall contain any reservation necessary to
protect the continuing uses by the United States of real property owned
by the United States that is adjacent to the tract conveyed. In
addition, conveyance of section 29, township 8 north, range 30 east,
shall be made only in accordance with the provisions of section 209 of
the said Federal Land Policy and Management Act of 1976 (90 Stat. 2757;
43 U.S.C. 1719).
Sec. 3. All moneys received from the conveyance of lands under the
terms of this Act shall be disposed of in the same manner as moneys
received from the sale of public lands, except that moneys received as
reimbursement for costs of appraisal, surveys, and extinguishing adverse
claims may be used by the Secretary for said purposes without
appropriation.
Sec. 4. Subject to valid existing rights on the effective date of
this Act, the lands described in section 1 which are subject to
conveyance pursuant to this Act are hereby withdrawn from all forms of
appropriation under the public land laws, including the mining and
mineral leasing laws. Such withdrawal shall terminate automatically
with respect to a particular tract upon conveyance of that tract
pursuant to this Act. Such withdrawal shall terminate upon publication
of an order in the Federal Register by the Secretary no sooner than five
years from the effective date of this Act, with respect to any lands or
interest remaining in the United States at the conclusion of such
five-year period.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 530 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 522 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Aug. 1, considerec and passed House. Oct.
28, considered and passed Senate, amended.
Vol.124 (1978): Feb. 24, House concurred in Senate amendment
with an amendment. Apr.12, Senate concurred in House amendment.
PUBLIC LAW 95-264, 92 STAT. 202
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the right to
inherit trust or restricted land on the Umatilla Indian Reservation, to
the extent that the laws of descent of the State of Oregon are
inconsistent herewith, shall be as provided herein. // 25 USC 463d. //
Sec. 2. // 25 USC 463d. // When any Indian dies leaving any
interest in trust or restricted land within the Umatilla Reservation and
not having lawfully devised the same, such interest shall descend in
equal shares to his or her childred and to the issue of any deceased
child by rights of representation; and if there is no child of the
decedent living at the time of his or her death, such interests shall
descend to his or her other lineal descendants; and if such descendants
are in the same degree of kindred to the interstate, they shall take
such real property equally, or otherwise they shall take according to
the right of representation. An interest taken hereunder shall be
subject to the right of a surviving spouse as provided in section 3.
Sec. 3. // 25 USC 463d. // The surviving spouse of any Indian who
dies leaving any interest in trust or restricted land within the
Umatilla Reservation shall be entitled to obtain a one-half interest in
all such trust or restricted interests in land during his or her
lifetime.
Sec. 4. // 25 USC 463d. // If any Indian, who leaves any interest
in trust or restricted land within the Umatilla Reservation, makes
provisions for his or her surviving spouse by an approved will, such
surviving spouse shall have an election whether to take the provisions
as made in such will or to take the interest as set forth in section 3
of this Act, but such surviving spouse shall not be entitled to both
unless it plainly appears by the will to have been so intended by the
testator. When any surviving spouse is entitled to an election under
this section, he or she shall be deemed to have elected to take the
provisions as made in such will unless, at or prior to the first hearing
to probate the will, he or she has elected to take under section 3 of
this Act and not under the will.
Sec. 5. The provisions of this Act // 25 USC 463d. // shall apply to
all estates of decendents who die on or after the date of enactment of
this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 820 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 178 (Select Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Feb. 6, considered and passed House.
April 5, considered and passed Senate.
PUBLIC LAW 95-263, 92 STAT. 201
Whereas the oceans are playing an increasingly important role in the
food, energy, and mineral production of the United States as well as the
transportation of United States goods; and
Whereas it will be beneficial for the American public to learn of the
interrelationship of the United States and the world's oceans; and
Whereas the declaration of a National Oceans Week would help
Americans learn about the importance of the oceans: Therefore be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States is authorized and requested to issue a proclamation
designating the week of April 16 through April 22, 1978, as " National
Oceans Week" and calling upon the people of the United States to observe
such same week with appropriate activities.
LEGISLATIVE HISTORY
HOUSE REPORT No. 95 - 978 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 20, considered and passed Senate.
Apr. 4, considered and passed House, in lieu of H.J. Res. 730.
PUBLIC LAW 95-262, 92 STAT. 200
Whereas the Congress recognizes a need for the Nation to set aside on
the calendar a day devoted to the importance of education to the lives
of its citizens and to the general well-being of the Nation; and
Whereas the Lubavitch Movement, which conducts educational activities
at more than sixty centers in twenty-eight States as well as around the
world, is especially committed to the advancement of education and has
proposed the establishment of an " Education Day, U. S.A."; and
Whereas world Jewry marked in 1977 the seventy-fifth birthday of the
revered and renowned Jewish leader, the head of the worldwide Lubavitch
Movement, Rabbi Menachem Mendel Schneerson, who proclaimed on that
occasion a " Year of Education"; and
Whereas the seventy-sixth birthday of this celebrated spiritual
leader will occur on April 18, 1978, thus concluding the year of
Lubavitch Movement activities dedicated to the Year of Education" and
the Lubavitcher Rebbe's milestone birthday: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating April 18,
1978, as " Education Day U.S.A.".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 11, 12, considered and passed House.
Apr. 13, considered and passed Senate.
PUBLIC LAW 95-261, 95 STAT. 199
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That chapter 19 of title
44, United States Code, is amended by adding at the end thereof the
following new section:
" Section 1916. // 44 USC 1916. // Designation of libraries of
accredited law schools as depository libraries
"(a) Upon the request of any accredited law school, the Public
Printer shall designate the library of such law school as a depository
library. The Public Printer may not make such designation unless he
determines that the library involved meets the requirements of this
chapter, other than those requirements of the first undesignated
paragraph of section 1909 of this title which relate to the location of
such library.
"(b) For purposes of this section, the term 'accredited law school'
means any law school which is accredited by a nationally recognized
accrediting agency or association approved by the Commissioner of
Education for such purpose or accredited by the highest appellate court
of the State in which the law school is located.".
Sec. 2. The table of sections for chapter 19 of title 44, United
States Code, is amended by adding at the end thereof the following new
item: "1916. Designation of libraries of accredited law schools as
depository libraries.".
Sec. 3. The amendments made by this Act // 44 USC 1916. // shall
take effect on October 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 650 (Comm. on House Administration).
SENATE REPORT No. 95 - 670 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD:
Vol. 123 71977): Oct. 25, considered and passed House.
Vol. 124 (1978): Mar. 6, considered and passed Senate,
amended. Apr. 4, House agreed to Senate amendments.
PUBLIC LAW 95-260, 92 STAT. 197
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
the Interior (hereinafter in this Act // 16 USC 431. // referred to as
the " Secretary") may establish a memorial in honor of the fifty-six men
who signed the Declaration of Independence, such memorial to be on a
suitable site selected by the Secretary, with the approval of the
National Commission of Fine Arts and the National Capital Planning
Commission, in the area known as Constitution Gardens in the District of
Columbia.
Sec. 2. The Administrator of the American Revolution Bicentennial
Administration (hereinafter in this Act referred to as the "
Administrator") shall prepare, in consultation with the American
Revolution Bicentennial Board, the Secretary, the National Commission of
Fine Arts, and the National Capital Planning Commission, the design and
plans for the memorial authorized by the first section.
Sec. 39 (a) Not to exceed $500,000 of the funds, other than
appropriated funds, which are available to the American Revolution
Bicentennial Administration under the Act entitled " An Act to establish
the American Revolution Bicentennial Administration, and for other
purposes", approved December 11, 1973 (87 Stat. 697), and as approved by
the American Revolution Bicentennial Board, may be used to carry out the
provisions of the first two sections of this Act.
(b) Of the funds described in subsection (a) which are not used by
the Administrator in carrying out the provisions of section 2, the
Administrator shall transfer to the Secretary such sums as may be
necessary to enable the Secretary to carry out the provisions of the
first section of this Act.
Sec. 4 (a) The establishment of the memorial authorized by the first
section may not begin unless the Secretary determines that sums expended
in carrying out the first two sections of this Act will not exceed
$500,000. Such determination shall be made in consultation with the
Administrator if the American Revolution Bicentennial Administration has
not terminated pursuant to section 7 of the Act of December 11, 1973 (87
Stat. 701).
(b) The authority contained in the first section shall expire unless
the establishment of the memorial authorized by such section is begun
within two years after the date of the enactment of this Act.
Sec. 5. (a) The maintenance and care of the memorial authorized under
the first section shall be the responsibility of the Secretary.
(b) There are authorized to be appropriated for the fiscal year
beginning on October 1, 1977, and each fiscal year thereafter such sums
as may be necessary to carry out the provisions of subsection (a).
Sec. 6. No funds other than funds described in section 3 and funds
authorized to be appropriated in section 5(b) may be used by the
Administrator or the Secretary to carry out this Act.
Sec. 7. The Secretary shall carry out any functions of the
Administrator under this Act after the termination of the American
Revolution Bicentennial Administration pursuant to section 7 of the Act
of December 11, 1973 (87 Stat. 701), provided that the Secretary shall
consult with those persons who were members of the American Revolution
Bicentennial Board on the date of its termination.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 462, pt. I (Comm. on House Administration).
SENATE REPORT No. 95 - 621 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD:
Vol. 23 (1977): July 11, considered and passed House.
Vol. 24 (1978): Jan. 27, considered and passed Senate,
amended. Apr. 4, House agreed to Senate amendment.
PUBLIC LAW 95-259, 92 STAT. 196
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8 of the
American Folklife Preservation Act (20 U.S.C. 2107) is amended by
striking out "and" immediately after "1977," and inserting immediately
before the period at the end thereof the following: "$685,000 for the
fiscal year ending September 30, 1979, $1,065,000 for the fiscal year
ending September 30, 1981".
Sec. 2. Section 4(c) of such Act (20 U.S.C. 2103(c)) is amended by
adding at the end thereof the following new sentence: " Members
appointed by the President under clause (1) of subsection (b) shall
serve only during the time they are officials of Federal departments and
agencies concerned with some aspect of American folklife traditions and
arts."
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 865 (Comm. on House Administration).
SENATE REPORT No. 95 - 712 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 127 (1978):
Feb. 28, considered and passed House.
Apr. 4, considered and passed Senate.
PUBLIC LAW 95-258, 92 STAT. 195
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. YEAR OF INCLUSION FOR CERTAIN CROP PAYMENTS RECEIVED in
1978. // 26 USC 451. //
(a) In General.--In the case of a taxpayer reporting on the cash
receipts and disbursements method of accounting, if--,
(1)(A) the taxpayer receives in his first taxable year
beginning in 1978 payments under the Agricultural Act of 1949, as
amended, // 7 USC 1421. // as a result of--,
(B) the taxpayer establishes that, under his practice, income
from such crops could have been reported for his last taxable year
beginning in 1977, or
(2)(A) the taxpayer receives in his first taxable year
beginning in 978 deficiency (or "target price") payments under the
Agricultural Act of 1949, as amended, for any 1977 crop, and
(B) the fifth month of such crop's marketing year ends before
December 1, 1977.
then the taxpayer may elect to include such proceeds in income for his
last taxable year beginning in 1977.
(b) Making and Effect of Election.--An election under this section
for any taxable year shall be made at such time and in such manner as
the Secretary of the Treasury may by regulations prescribe and shall
apply with respect to all proceeds described in subsection (a) which
were received by the taxpayer.
SEC. 2 STATE LEGISLATORS' TRAVEL EXPENSES AWAY FROM HOME. // 26 USC
165. //
Subsections (a) and (d) of section 604 of the Tax Reform Act of 1976
are each amended // 90 Stat. 1575. // by striking out " January 1,
1977," and inserting in lieu thereof " January 1, 1978,".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 959 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 13, considered and passed House.
Mar. 22, considered and passed Senate.
PUBLIC LAW 95-257, 92 STAT. 194
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1104 (b)(
2) of the Merchant Marine Act, 1936, (46 U.S.C. 1274(b)(2)), is amended
by striking the semicolon at the end thereof, and inserting in lieu
thereof a colon and the following: " Provided, further, That in the
case of any vessel to be used in the fishing trade or industry, such
obligations may be in an aggregate principal amount which does not
exceed 87 1/2 per centum of the actual cost or depreciated actual cost
of the vessel;".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 740 (Comm. on Merchant Marine and fisheries).
SENATE REPORT No. 95 - 703 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Jan. 23, considered and passed House.
Mar. 22, considered and passed Senate.
PUBLIC LAW 95-256, 92 STAT. 189, AGE DISCRIMINATION IN EMPLOYMENT ACT
AMENDMENTS OF 1978.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Age Discrimination in
Employment Act Amendments of 1978". // 29 USC 621 //
Sec. 2. (a) Section 4(f)(2) of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 623(f)(2) is amended by inserting after
"individual" a comma and the following: "and no such seniority system
or employee benefit plan shall require or permit the involuntary
retirement of any individual specified by section 12(a) of this Act
because of the age of such individual".
(b) The amendment made by subsection (a) of this section shall take
effect on the date of enactment of this Act, // 29 USC 623 // except
that, in the case of employees covered by a collective bargaining
agreement which is in effect on September 1, 1977, which was entered
into by a labor organization (as defined by section 6(d)(4) of the Fair
Labor Standards Act of 1938), // 29 USC 206. // and which would
otherwise be prohibited by the amendment made by section 3(a) of this
Act, the amendment made by subsection (a) of this section shall take
effect upon the termination of such agreement or on January 1, 1980,
whichever occurs first.
Sec. 3. (a) Section 12 of the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 631) is amended to read as follows:
" Sec. 12. (a) The prohibitions in this Act shall be limited to
individuals who are at least 40 years of age but less than 70 years of
age.
"(b) In the case of any personnel action affecting employees or
applicants for employment which is subject to the provisions of section
15 of this Act, // 29 USC 633a // the prohibitions established in
section 15 of this Act shall be limited to individuals who are at least
40 years of age.
"(c)(1) Nothing in this Act shall be construed to prohibit compulsory
retirement of any employee who has attained 65 years of age but not 70
years of age, and, who, for the 2-year period immediately before
retirement, is employeed in a bona fide executive or a high policymaking
position, if such employee is entitled to an immediate nonforfeitable
annual retirement benefit from a pension, profit-sharing, savings, or
deferred compensation plan, or any combination of such plans, of the
employer of such employee, which equals, in the aggregate, at least
$27,000.
"(2) In applying the retirement benefit test of paragraph (1) of this
subsection, if any such retirement benefit is in a form other than a
straight life annuity (with no ancillary benefits), or if employees
contribute to any such plan or make rollover contributions, such benefit
shall be adjusted in accordance with regulations prescribed by the
Secretary, after consultation with the Secretary of the Treasury, so
that the benefit is the equivalent of a straight life annuity (with no
ancillary benefits) under a plan to which employees do not contribute
and under which no rollover contributions are made.
"(d) Nothing in this Act shall be construed to prohibit compulsory
retirement of any employee who has attained 65 years of age but not 70
years of age, and who is serving under a contract of unlimited tenure
(or similar arrangement providing for unlimited tenure) at an
institution of higher education (as defined by section 1201(a) of the
Higher Education Act of 1965).".
(b)(1) Sections 12(a), 12(c), and 12(d) of the Age Discrimination in
Employment Act of 1967, as amended by subsection (a) of this section, //
29 USC 631 // shall take effect on January 1, 1979.
(2) Section 12(b) of such Act, as amended by subsection (a) of this
section, shall take effect on September 30, 1978.
(3) Section 12(d) of such Act, as amended by subsection (a) of this
section, // 29 USC 631 // is repealed on July 1, 1982.
Sec. 4. (a) Section 7(c) of the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 626(c)) is amended by inserting "(1)" after the
subsection designation and by adding at the end thereof the following
new paragraph:
(2) In an action brought under paragraph (1), a person shall be
entitled to a trial by jury of any issue of fact in any such action for
recovery of amount owing as a result of a violation of this Act,
regardless of whether equitable relief is sought by any party in such
action.".
(b)(1) Section 7(d) of the Age Discrimination in Employment Act of
1967 (29 U.S.C. 626(d)) is amended to read as follows:
"(d) No civil action may be commenced by an individual under this
section until 60 days after a charge alleging unlawful discrimination
has been filed with the Secretary. Such a charge shall be filed--,
"(1) within 180 days after the alleged unlawful practice
occurred; or
"(2) in a case to which section 14(b) // 29 USC 633 // applies,
within 300 days after the alleged unlawful practice occurred, or
within 30 days after receipt by the individual of notice of
termination of proceedings under State law, whichever is earlier.
Upon receiving such a charge, the Secretary shall promptly notify all
persons named in such charge as prospective defendants in the action and
shall promptly seek to eliminate any alleged unlawful practice by
informal methods of conciliation, conference, and persuasion.".
(2) The amendment made by paragraph (1) of this subsection // 29 USC
626 // shall take effect with respect to civil actions brought after the
date of enactment of this Act.
(c)(1) Section 7(e) of the Age Discrimination in Employment Act of
1967 (29 U.S.C. 626(e)) // 29 USC 626 // is amended by inserting "(1)"
after the subsection designation and by adding at the end thereof the
following new paragraph:
"(2) For the period during which the Secretary is attempting to
effect voluntary compliance with requirements of this Act through
informal methods of conciliation, conference, and persuasion pursuant to
subsection (b), the statute of limitations as provided in section 6 of
the Portal-to-Portal Act of 1947 // 29 USC 255 // shall be tolled, but
in no event for a period in excess of one year.".
(2) The amendement made by paragraph (1) of this subsection shall
take effect with respect to conciliations commenced by the Secretary of
Labor after the date of enactment of this Act. // 29 USC 626 //
Sec. 5. (a) Section 15(a) of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 633a(a)) is amended by inserting "who are at
least 40 years of age" after "applicants for employment" and by
inserting "personnel actions" after "except".
(b)(1) Section 3322 of title 5, United States Code, relating to
temporary appointments after age 70, is repealed.
(2) The analysis for chapter 33 of title 5, United States Code, is
amended by striking out the item relating to section 3322.
(c) Section 8335 of title 5, United States Code, relating to
mandatory separation, is amended--,
(1) by striking out subsections (a), (b), (c), (d), and (e)
thereof;
(2) by redesignating subsections (f) and (g) as subsections (a)
and (b), respectively; and
(3) by adding after subsection (b), as so redesignated, the
following new subsections:
"(c) An employee of the Alaska Railroad in Alaska and an employee who
is a citizen of the United States employed on the Isthmus of Panama by
the Panama Canal Company or the Canal Zone Government, who becomes 62
years of age and completes 15 years of service in Alaska or on the
Isthmus of Panama shall be automatically separated from the service.
The separation is effective on the last day of the month in which the
employee becomes age 62 or completes 15 years of service in Alaska or on
the Isthmus of Panama if then over that age. The employing office shall
notify the employee in writing of the date of separation at least 60
days in advance thereof. Action to separate the employee is not
effective, without the consent of the employee, until the last day of
the month in which the 60-day notice expires.
"(d) The President, by Executive order, may exempt an employee from
automatic separation under this section when he determines the public
interest so requires.".
(d) Section 8339(d) of title 5, United States Code, relating to
computation of annuity, is amended by striking out "section 8335(g)" and
inserting in lieu thereof "section 8335(b)".
(e) Section 15 of the Age Discrimination in Employment Act of 1967
(29 U.S.C. 633a) is amended by adding at the end thereof the following
new subsections:
"(f) Any personnel action of any department, agency, or other entity
referred to in subsection (a) of this section shall not be subject to,
or affected by, any provision of this Act, other than the provisions of
section 12(b) of this Act and the provisions of this section.
"(g)(1) The Civil Service Commission shall undertake a study relating
to the effects of the amendments made to this section by the Age
Discrimination in Employment Act Amendments of 1978, and the effects of
section 12(b) of this Act, as added by the Age Discrimination in
Employment Act Amendments of 1978.
"(2) The Civil Service Commission shall transmit a report to the
President and to the Congress containing the findings of the Commission
resulting from the study of the Commission under paragraph (1) of this
subsection. Such report shall be transmitted no later than January 1,
1980.".
(f) The amendments made by this section shall take effect on
September 30, 1978, except that section 15(g) of the Age Discrimination
in Employment Act of 1967, // 29 USC 633a // as amended by subsection
(e) of this section, shall take effect on the date of enactment of this
Act.
Sec. 6. (a)(1) Section 5 of the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 624) is amended by inserting "(a)(1)" after the
section designation, and by adding at the end thereof the following new
sentence: " Such study shall include--,
"(A) an examination of the effect of the amendment made by
section 3(a) of the Age Discrimination in Employment Act
Amendments of 1978 in raising the upper age limitation established
by section 12(a) of this Act // 29 USC 631 // to 70 years of age;
"(B) a determination of the feasibility of eliminating such
limitation;
"(C) a determination of the feasibility of raising such
limitation above 70 years of age; and
"(D) an examination of the effect of the exemption contained in
section 12(c), relating to certain executive employees, and the
exemption contained in section 12(d), relating to tenured teaching
personnel.".
(2) Section 5(a) of the Age Discrimination in Employment Act of 1967,
as so redesignated by paragraph (1) of this subsection, is amended by
adding at the end thereof the following new paragraph:
"(2) The Secretary may undertake the study required by paragraph (1)
of this subsection directly or by contact or other arrangement.".
(b) Section 5 of the Age Discrimination in Employment Act of 1967, as
amended by subsection (a) of this section, is further amended by adding
at the end thereof the following new subsection:
"(b) The report required by subsection (a) of this section shall be
transmitted to the President and to the Congress as an interim report
not later than January 1, 1981, and in final form not later than January
1, 1982.".
Sec. 7. Section 17 of the Age Discrimination in Employment Act of
1967 (29 U.S.C. 635) // 29 USC 634 // is amended by striking out ", not
in excess of $5,000,000 for any fiscal year,".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 527, pt. 1 (Comm. on Education and Labor)
and No. 95 - 950 (Comm. of Conference).
SENATE REPORT No. 95 - 493 (Comm. on Human Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 13, 23, considered and passed House.
Oct. 19, considered and passed Senate, amended.
Vol. 124 (1978): Mar. 21, House agreed to conference report.
Mar. 23, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 14 (1978): Apr. 6, Presidential statement.
PUBLIC LAW 95-255, 92 STAT. 188
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sum is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1978, namely:
For an additional amount for " Disaster relief", $300,000,000, to
remain available until expended: Provided, That not to exceed 3 per
centum of the foregoing amount shall be available for administrative
expenses.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 990 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 22, considered and passed House.
Mar. 23, considered and passed Senate.
PUBLIC LAW 95-254, 92 STAT. 187
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
rescissions of budget authority proposed in the message of the President
of January 27, 1978 (H. Doc. 95 - 285), is made pursuant to the
Impoundment Control Act of 1974, // 31 USC 1301 // namely:
Of the funds appropriated under this head in the Foreign Assistance
and Related Programs Appropriations Act, 1978, // 91 Stat. 1233. //
$40,200,000 are rescinded.
Of the borrowing authority authorized for use by the Federal Home
Loan Bank Board pursuant to section 1016 of Public Law 89 - 754 and
title III of Public Law 91 - 126 // 12 USC 1432, 1438. // for the
purposes set forth in Public Law 89 - 754 (12 U.S.C. 1428(c)), // 12 USC
1428a // $10,055,000 are rescinded.
Of the funds appropriated under this head in the Department of State,
Justice, and Commerce, the Judiciary, and Related Agencies Appropriation
Act, // 91 Stat. 420. // 1978, $5,000,000 are rescinded.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 896 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 10, considered and passed House.
Mar. 22, considered and passed Senate.
PUBLIC LAW 95-253, 92 STAT. 186
Whereas the realization and the promise of solar energy will be
observed and celebrated throughout the Nation on the 3d of May, 1978;
and
Whereas the development of solar technologies will provide an
abundant, economical, safe, and environmentally compatible energy
supply; and
Whereas a day devoted to a celebration of all solar technologies
should help inform the general public, industry, and labor, and
demonstrate the potential of the sun in meeting the Nation's energy
needs; and
Whereas Federal, State, and local governments should foster and
encourage the further development, refinement, and utilization of solar
energy technologies: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That May 3, 1978, is
proclaimed " Sun Day", and the President is authorized and requested (a)
to issue a proclamation calling upon the general public, industry, and
labor of the United States to observe such day with appropriate
activities and ceremonies, and (b) to direct all appropriate Federal
agencies to cooperate with, and participate in, the celebration of " Sun
Day".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 919 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 95 - 686 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 6, considered and passed House.
Mar. 14, considered and passed Senate.
PUBLIC LAW 95-252, 92 STAT. 185
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first section
of the Act of October 4, 1977, // 31 USC 757b note. // entitled " An
Act to increase the temporary debt limit, and for other purposes"
(Public Law 95 - 120)), is amended by striking out " March 31, 1978c and
inserting in lieu thereof " July 31, 1978".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 984 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 21, considered and passed HOUSE.
Mar. 22, considered and passed Senate.
PUBLIC LAW 95-251, 92 STAT. 183
Be in enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5108 (2) of
title 5, United States Code, is amended by striking out "240 hearing
examiner positions" and inserting in lieu thereof "340 administrative
law judge positions".
Sec. 2. (2) The provisions described in paragraphs (1) through (12)
of this subsection are each amended by striking out "hearing examiner"
or "hearing examiners" , as appropriate, each place it appears, and
inserting in lieu thereof "administrative law judge" or "administrative
law judges", as appropriate--,
(1) sections 554(a)(2), 556(b)(3), 559, 1305, 3344, 4301, 5335,
5362, and 7521, of title 5, United States Code;
(2) section 6(c)(2) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136d (c)(2));
(3) section 11(k) of the Federal Reserve Act (12 U.S.C. 248
(k)):
(4) subsections (b) and (c) of the first section of the Act
entitled " An Act to authroize the Securities and Exhchange
Commission to delegate certain functions", approved August 20,
1962 (15 U.S.C. 78d-1(b) and (c));
(5) section 1416(a) of the Interstate Land Sales Full
Disclosure Act (15 U.S.C. 1515(a));
(6) section 509(i) of title 28, United States Code;
(7) sections 12(e), 12(j), and 12(k) of the Occupational Safety
and Health Act of 1970 (39 U.S.C. 661(d), 661(i[, 661(j));
(8) section 502(e) of the Rehabilitation Act of 1973 (29 U.S.
C. 732 (e));
(9) sections 5(e) and 428(b) of the Federal Coal Mine Health
and Safety Act of 1969 (30 U.S.C. 804(e), 938(b));
(10) sections 19(d) and 21(b) of the Longshoreman's and Harbor
Workers' Compensation Act (33 U.S.C. 919(d), 921(b));
(11) section 705(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-4(a)); and
(12) sections 6(h) and 9(a) of the Department of Transportation
Act (49 U.S.C. 1655(h), 1657(a)).
(b)(1) Sections 1302 and 5362 of title 5, United States Code, are
each amended in the catchline, by striking out " Hearing examiners" and
inserting " Administrative law judges" in lieu thereof.
(2) Sections 3105 and 3344 of title 5, United States Code, are each
amended in the catchline by striking out "hearing examiners" and
inserting " Administrative law judges" in lieu thereof.
(c)(1) The table of sections for chapter 13 of title 5, United States
Code, is amended so that the item relating to section 1305 reads as
follows: "1305. Adminstrative law judges.".
(2) The table of sections for chapter 31 of tile 5, United States
Code, is amended so that the item relating to section 3105 reads as
follows: "3105. Appointment of administrative law judges.".
(3) The table of sections for chapter 33 of title 5, United Stats
Code, is amended so that the item relating to section 5362 reads as
follows: "5362. Administrative law Judges.".
(d)(1) The second sentence of section 3105 of title 5, United States
Code, is amended by striking out " Hearing examiners" and inserting "
Administrative law judges" in lieu thereof.
(2) Section 1416(a) of the Interstate Land Sales Full Disclosure Act
(15 U.S.C. 1715(a)) is amended in the catchline by striking out "hearing
officers" and inserting "administrative law judges" in lieu thereof.
Sec. 3. Any reference in any law, regulation, or order to a hearing
examiner appointed under section 3105 of title 5, United States Code, //
5 USC 3105 // shall be deemed to be a reference to an administrative law
judge.
LEGISLATIVE HISTORY
HOUSE REPORT No. 95 - 321 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 95 - 697 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
Vol.123 (1977): July 18, considered and passed House.
Vol. 124 (1978): Mar. 14, considered and passed Senate.
PUBLIC LAW 95-250, 92 STAT. 163
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. (a) In order to protect existing irreplaceable Redwood
National Park resources from damaging upslope and upstream land uses, to
provide a land base sufficient to insure preservation of significant
examples of the coastal redwood in accordance with the original intent
of Congress, and to establish a more meaningful Redwood National Park
for the use and enjoyment of visitors, the Act entitled " An Act to
establish a Redwood National Park in the State of California, and for
other purposes", approved October 2, 1968 (82 Stat.931), // 16 USC 79a.
// is amended as follows:
(1) In subsection 2(a) // 16 USC 79b. // after " September 1968,"
insert "and the area indicated as ' Proposed Additions' on the map
entitled ' Additional Lands, Redwood National Park, California',
numbered (167 - 80005 - D) and dated March 1978,".
(2) In section 2, subsection (a), delete "fifty-eight thousand" and
substitute "one hundred and six thousand" and delete the period at the
end of the subsection and add "and publicly owned highways and roads."
In section 2, subsection (b), delete "by donation only". At the end of
section 2, insert the following new subsection "(c)":
"(c) Within the area outside the boundaries of Redwood National Park
indicated as the ' Park Protection Zone' on the map entitled ' Proposed
Additions, Redwood National Park, California', numbered 167 - 80005 - D
and dated March 1978, the Secretary is authorized to acquire lands and
interests in land: Provided, That lands may be acquired from a willing
seller or upon a finding by the Secretary that failure to acquire all or
a protion of such lands could result in physical damage to park
resources and following notice to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Interior and
Insular Affairs of the House of Representatives. Any lands so acquired
shall be managed in a manner which will maximize the protection of the
resources of Redwood National Park, and accordance with the Act of
October 21, 1976 (90 Stat. 2743). // 43 USC 1701. // Acquisition of a
parcel of land under the authoirty of this subsection shall not as
result of such acquisition diminish the right of owners of adjacent
lands to the peaceful use and enjoyment of their land and shall not
confer authority upon the Secretary to acquire additional lands except
as provided in this subsection.".
(3) In subsection 3(a), // 16 USC 79c. // delete the period at the
end of the second sentence and add the following: "which donation of
lands or interest in lands may be accepted in the discretion of the
Secretary subject to such preexisting reverters and other conditions as
may appear in the title to these lands held by the State of California,
and such other reverters and conditions as may be consistent with the
use and management of the donated lands as a portion of Redwood National
Park. Nothwithstanding any other provision of law, the Secretary may
expend appropriated funds for the management of and for the
construction, design, and maintenance of permanent improvements on such
lands and interests in land as are donated by the State of California in
a manner not inconsistent with such reverters and other conditions.".
(4) In subsection 3(b)(1), // 16 USC 79c. // after " NPS- RED-7114-
B", insert "and effective on the date of enactment of this phrase, there
is hereby vested in the United States all right, title, and interest in,
and the right to immediate possession of, all real property within the
area indicated as ' Proposed Addition' on the map entitled ' Additional
Lands, Redwood National Park, California', numbered 167 - 80005 - D and
dated March 1978 and all right, title, and interest in, and the right to
immediate possession of the down tree personal property (trees severed
from the ground by man) severed prior to January 1, 1975, or subsequent
to January 31, 1978 within the area indicated as ' Proposed Additions'
on the map entitled ' Additional Lands, Redwood National Park,
California', numbered 167 - 80005 - D and dated March 1978,".
At the end of subsection 3(b)(1), insert the following new
paragraphs: " Down tree personal property severed subsequent to
December 31, 1974, and prior to February 1, 1978 may be remeove in
accordance with applicable State and Federal law, or other applicable
licenses, permits, and existing agreements, unless the Secretary
determines that the removal of such down timber would damage second
growth resources or result in excessive sedimentation in Redwood Creek:
Provided, however, That down timber lying in stream beds may not be
removed without permission of the Secretary: Provided, That such
removal shall also be subject to such reasonable conditions as may be
required by the Secretary to insure the continued availability of raw
materials to Redwoods United, Incorporated, a nonprofit corporation
located in Manila, California.
" The Secretary shall permit, at existing levels and extent of access
and use, continued access and use of each acquired segment of the B
line, L line, M line, and K and K roads by each current affected woods
employer or its successor in title and itnerest: Provided, That such
use is limted to forest and land management and protection purposes,
including timber harvesting and road maintenance. The Secretary shall
permit, at existing levels and extent of access and use, continued
access and use of acquired portions of the Bald Hills road by each
current affected woods employer or its successor in title and interest:
Provided further, That nothing in this sentence shall diminish the
authority of the Secretary to otherwise regulate the use of the Bald
Hills road.".
(5) In subsection 3(b)(2), // 16 USC 79c. // delete the last
sentence and add the following sentences at the end of the paragraph: "
Any action against the United States with regard to the provisions of
this Act and for the recovery of just compensation for the lands and
interests therein taken by the United States, and for the down tree
personal property taken, shall be brought in the United States District
court for the district where the land is located without regard to the
amount claimed. The United States may initiate proceedings at any time
seeking a determination of just compensation in the district court in
the manner provided by sections 1358 and 1403 of title 28, United States
Code, and may deposit in the registry of the court the estimated just
compensation, or a part thereof, in accordance with the procedures
generally described by section 258a of title 40, United States Code.
Interest shall not be allowed on such amount as shall have been paid
into the court. In the event that the Secretary determines that the fee
simple title to any property (real or personal) taken under this section
is not necessary for the purpose of this Act, he may, with particular
attention to minimizing the payment of severance damages and to allow
for the orderly removal of down timber, revest title to such property
subject to such reservations, terms, and conditions, if any, as he deems
appropriate to carry out the purposes of this Act, and may compensate
the former owner for no more than the fair market value of the rights so
reserved, except that the Secretary may not revest title to any property
for which just compensation has been paid; or, the Secretary may sell
at fair market value without regard to the requirements of the Federal
Property and Administrative Services Act of 1949, // 40 USC 471) // as
amended, such down timber as in his judgment may be removed without
damage to the park, the proceeds from such sales being credited to the
Treasury of the United States. If the State of California designates a
right-of-way for a bypass highway around the eastern boundary of Prairie
Creek Redwood State Park prior to October 1, 1984, the Secretary is
authorized and directed to acquire such lands or interests in lands as
may be necessary for such a highway and, subject to such conditions as
the Secretary may determine are necessary to assure the adequate
protection of Redwood National Park, shall thereupon donate the
designated right-of-way to the State of California for a new bypass
highway from a point south of Prairie Creek Redwood State Park through
the drainage of May Creek and Boyes Creek to extend along the eastern
boundary of Prairie Creek Redwood State Park within Humboldt County.
Such acreage as may be necessary in the judgment of the Secretary for
this conveyance, and for a buffer thereof, shall be deemed to be a
publicly owned highway for purposes of section 101(a)(2) of this
amendment effective on the date of enactment of this section.".
(6) In subsection 3(e), // 16 USC 79c. 16 USC 79j. // delete "sixty
days" in the last sentence and add the following sentences at the end of
the subsection: " Effective on the date of enactment of this sentence,
there are made available from the amount provided in section 10 herein
or as may be hereafter provided such sums as may be necessary for the
acquisition of interests in land. Effective on October 1, 1978, there
are authorized to be appropriated such sums as may be necessary for the
implementation of contracts and cooperative agreements pursuant to this
subsection: Provided, That it is the express intent of Congress that
the Secretary shall to the greatest degree possible insure that such
contracts and cooperative agreements provide for the maximum retention
of senior employees by such owners and for their utilization in
rehabilitation and other efforts. The Secretary, in consultation with
the Secretary of Agriculture, is further authorized, pursuant to
contract or cooperative agreement with agencies of the Federal
Executive, the State of California, any political or governmental
subdivision thereof, any corporation, not-for-profit corporation,
private entity or person, to initiate, provide funds, equipment, and
personnel for the development and implementation of a program for the
rehabilitation of areas within and upstream from the park contributing
significant sedimentation because of past logging disturbances and road
conditions, and, to the extent feasible, to reduce risk of damage to
streamside areas adjacent to Redwood Creek and for other reasons:
Provided further, That authority to make payments under this subsection
shall be effective only to such extent or insuch amounts as are provided
in advance in appropriation Acts. Such contracts or cooperative
agreements shall be subject to such other conditions as the Secretary
may determine necessary to assure the adequate protection of Redwood
National Park generally, and to provide employment opportunities to
those individuals affected by this taking and to contribute to the
economic revival of Del Norte and Humboldt Counties in northern
California. The Secretary shall undertake and publish studies on
erosion and sedimentation originating within the hydrographic basin of
Redwood Creek with particular effort to identify sources and causes,
including differentiation between natural and man-aggravated conditions,
and shall adapt his general management plan to benefit from the results
of such studies. The Secretary, or the Secretary of Agriculture, where
appropriate, shall also manage any additional Federal lands under his
jurisdiction that are within the hydrographic basin of Redwood Creek in
a manner which will minimize sedimentation which could affect the park,
and in coordination with plans for sediment management within the basin.
To effectuate the provisions of this subsection, and to further develop
scientific and professional information and data concerning the Redwood
Forest ecosystem, and the various factors that may affect it, the
Secretary may authorize access to the area subject to this subsection by
designated representatives of the United States.".
(b) The first section of the Act of August 18, 1970 (84 Stat. 825),
// 16 USC 1a - 1. // is amended by adding the following: " Congress
further reaffirms, declares, and directs that the promotion and
regulation of the various areas of the National Park System, as defined
in section 2 of this Act, // 16 USC 1b, 1c. // shall be consistent with
and founded in the purpose established by the first section of the Act
of August 25, 1916, to the common benefit of all the people of the
United States. The authorization of activities shall be construed and
the protection, management, and administration of these area shall be
conducted in light of the high public value and integrity of the
National Park System and shall not be exercised in derogation of the
values and purposes for which these various areas have been established,
except as may have been or shall be directly and specifically provided
by Congress.".
(c) Notwithstanding any provision of the Act of October 2, 1968, //
16 USC 79c- 1. 16 USC 79a. // supra, the vesting in the United States
of all right, title, and interest in, and the right to immediate
possession of, all real property and all down tree personal property
within the area indicated as " Proposed Additions" on the map entitled "
Additional Lands, Redwood National Park, California," numbered 167 -
80005 - D and dated March 1978 as established by subsection (a)(4) of
the first section of this Act, shall be effective on the date of
enactment of this section. The provisions of subsection 3(b)(3) of the
Act of October 2, 1968, // 16 USC 79c. // supra, shall also relate to
the effctive date of this section. From the appropriations authorized
for fiscal year 1978 and succeeding fiscal years such sums as may be
necessary may be expended for the acquisition of lands and interests in
lands, and down tree personal property, authorized to be acquired, or
acquired, pursuant to the provisions of this Act.
Sec. 102. // 16 USC 79k. // (a) The Secretary, in consultation with
the Secretaries of Agriculture, Commerce, and Labor, shall conduct an
analysis of appropriate Federal actions that may be necessary or
desirable to mitigate any adverse economic impacts to public and private
segments of the local economy, other than the owners of properties taken
by this Act, as a result of the addition of property to Redwood National
Park under the first section of this Act. The Secretaries shall also
consider the benefits of making grants or entering into contracts or
cooperative agreements eith the State of California or Del Norte and
Humboldt Counties as provided by subsection (b) for the purpose of
development and implementation of a program of forest resource
improvement and utilization, including, but not limited to,
reforestation, erosion control, and other forest land conservation
measures, fisheries and fish and wildlife habitat improvements, and wood
energy facilities. Not later than January 1, 1979, the Secretary shall
submit to the Speaker of the House of Representatives and the President
of the Senate a report of his analysis, including his recommendations
with respect to actions that should be taken to mitigate any significant
short-term and long-term adverse effects on the local economy caused by
such addition.
(b) The Secretary of Commerce and the Secretary of Labor, in
consultation with the Secretary, and pursuant to his study, shall apply
such existing programs as are necessary and appropriate to further
mitigate identified employment and other adverse economic impacts on
public and private segments of the local economy, other than with regard
to the payment of just compensation to the owners of properties taken by
this Act and by the Act of October 2, 1968, // 16 USC 79a. // supra.
In addition to the land rehabilitation and employment provisions of this
Act, which should have a substantial positive economic effect on the
local economy, the Secretaries of Commerce and Labor are further
authorized and directed to implement existing authorities to establish
employment programs, pursuant to such grants, contracts and cooperative
agreements with agencies of the Federal Executive, the State of
California, any political or governmental subdivision thereof, any
corporation, not-for-profit corporation, private entity or person, for
the development and implementation of such programs, as, in the
discretion of the Secretaries of Commerce and Labor, may be necessary to
provide employment opportunities to those individuals affected by this
taking and to contribute to the economic revival of Del Norte and
Humboldt Counties, in northern California. Effective on October 1,
1978, there are authorized such sums as may be necessary to carry out
the employment and economic mitigation provisions of this Act:
Provided, That the authority to make payments under this section shall
be effective only to such extent or in such amounts as are provided in
advance in appropriation Acts.
(c) The Secretary of Agriculture within one year after the date of
enactment of this Act, // 16 USC 79k. // shall prepare and transmit to
Congress a study of timber harvest scheduling alternatives for the Six
Rivers National Forest. Such alternatives shall exclude the timber
inventories now standing on units of the Wilderness Preservation System
and shall be consistent with laws applicable to management of the
national forests. In developing the alternatives the Secretary shall
take into consideration economic, silvicultural, environmental, and
social factors.
Sec. 103. // 16 USC 791. // (a) In order to utilize the skills of
individuals presently working in the woods and in the mills to the
greatest degree possible to both ease the personal economic effects of
this taking, and to assist in the necessary rehabilitation, protection,
and improvement of lands acquired by this Act through implementation of
sound rehibilitation and land use practices, the Secretary shall have
power to point and fix the compensation of seven full-time and
thirty-one temporary personnel to assist in carrying out such programs
necessary for the protection and enhancement of Redwood National Park.
In filling these positions, preference shall be given to affected
employees (as defined in title II of this Act) for a period ending on
September 30, 1984, notwithstanding applicable civil service laws and
regulations.
(b) In order to effectively administer the expanded Redwood National
Park created by this Act in a manner that will provide maximum
protection to its resources and to provide for maximum visitor use and
enjoyment to ease the local economic effects of this taking, the
Secretary shall have power to appoint and fix the compensation of two
full-time and twenty temporary employees in the competitive service. In
filling these positions, preference shall be given to affected employees
(as defined in title II) for a period ending on September 30, 1984,
notwithstanding applicable civil service laws and regulations. The
Secretary shall further have power to appoint and fix the compensation
of an additional thrity-two full-time and forty temporary employees in
the competitive service as provided by this subsection at the time of
the donation of those park lands or interests in land owned by the State
of California as are within the boundaries of Redwood National Park as
provided herein. In filling these positions, preference shall be given
to those State employees affected by this transfer for a period not to
exceed six years from the date of transfer; permanent State civil
service employees shall be provided the opportunity to transfer to a
comparable Federal civil service classification notwithstanding
applicable civil service laws and regulations.
(c) An affected employee shall be given full consideration for
certain civilian jobs as provided in this section both with the Federal
Government and with those private employers that have certain
undertakings or programs that involve Federal participation or approval
for the period beginning on the date of enactment of this Act and ending
September 30, 1984, if the positions will be primarily located in
Humboldt of Del Norte Counties or other counties in California adjacent
thereto, and if the employee is otherwise qualified under this section.
(d)(1) Any Federal agency that is creating or filling a civilian
Federal Job that is within the scope of clause (2)(A) of this
subsection, pursuant to contract, civil service merit system, or
otherwise, that will be primarily located in Humboldt or Del Norte
Counties, California, or other counties in California adjacent thereto,
must provide notice in advance of the availability of that job and must
provide qualified affected employee applicants for these positions with
full consideration for these positions if the further conditions set
forth in clause (2)(B) of this subsection are met. The notice required
by this paragraph shall be as provided by applicable law and regulation
through the offices of the Employment and Training Services located in
Humboldt and Del Norte Counties, California, and through such other
means as are likely to gain the attention of affected employees.
(2) Consideration for employment under this section shall be provided
under the following conditions:
(A) the job involves skills and training that could reasonably
be expected to have been gained by individuals who have been
employed as logging and related woods employees or sawmill,
plywood, and other wood processing employees, or office employees,
or that can reasonably be expected to be gained while so employed,
or pursuant to retraining as provided herein; and
(B) the applicant has the ability, or can reasonably be
expected to have the ability after appropriate training of
reasonable duration as further provided herein, to perform the
duties of the job: Provided, That the full consideration shall
not be required with respect to those affected employee applicants
requiring training in a situation where the schedul for completion
of the work is such that the period during which said employee can
reasonably be expected to work following completion of training is
determined by the Secretary to be incommensurate with the time and
funds required to provide said employee with the necessary
training.
(e)(1) Any Federal agency involved in the manner provided herein with
a private employer responsible for filing an employment position that is
within the scope of clause (2)(A) of subsection (d), above, that will be
primarily located in Humboldt or Del Norte Counties, or other counties
in California adjacent thereto, is directed to require that any Federal
contracts, grants, subsidies, loans, or other forms of funding
assistance, and any Federal lease, permit, license, certificate, o other
entitlement for use, not constituting an existing property right as of
the date of enactment of this Act, that is a condition to or a
requirement of the conduct of harvesting and related activities or
replanting and land rehabilitation or the conduct of wood processing and
related activities or the conduct of highway construction and related
activities shall be subject to and conditioned upon said private
employer giving full consideration to affected employees as provided
herein.
(2) Any private employer who participates wiht a Federal agency in
the manner described above and who is, accordingly, subject to the
requirements as provided herein, shall--,
(A) provide notice of the availabilityof those jobs described
in subsection (d)(2)(A) in the manner generally provided by
subsection (d)(1); and
(B) provide full consideration to qualified affected employee
applicants for these positions if the further conditions
established by clause (2)(B) of subsection (d) are met.
(f) The Secretary is directed to seek and authorized to enter into
agreements with affected employers and in dustry employers providing
that full consideratin shall be given with respect to the employment of
affected employees who had been employed by affected employers in jobs
that may become avalilable in Humboldt and Del Norte Counties and other
counites adjacent thereto. The execution and carrying out of such an
agreement, or the giving of full consideration to the employment of
affected employees under subsection (c) of this section, shall not
subject an employer to any additinal liability or obligations under any
Federal or State equal employment law, rule, regulation, or order.
(g)(1) The Secretary, except as otherwise provided, shall be
responsible for the implementation of this section and--,
(A) is authorized and directed to make needed training
available, upon application, to an affected employee applicant who
although not presently qualified for a position, can be reasonably
expected to be qualified after appropriate training;
(B) is authorized to take such actions as may be necessary to
ensure that an affected employee is not denied full consideration
because of the need for training where there is no substantial
reason to believe that the applicant would be unable to perform
the duties of the job after proper training. If the job is one
which must be filled while the affected employee would be in
training, the Secretary shall encourage the employer to fill the
job only on a temporary basis subject to the successful completion
of the training by the affected employee;
(C) shall require that, in a case in which two or more affected
employee applicants have approximately equal qualifications for a
job for which they are to receive full consideration, that
applicant with the greatest creditable service shall be given
preference among those applicants entitled to full consideration;
and
(D) upon the filing of a complaint by an employee who alleges
that said employee's rights to full consideration were
disregarded, the Secretary shall make a finding on the merits of
such complaint. If it is determined that there has been
noncompliance with this section, the Secretary shall take such
action as may be appropriate to correct the situation.
(2) To assist in implementing this section, agencies shall notify the
Secretary, in advance, of any job opening as provided for by subsection
(d) and of any Federal commitment as provided for by subsection (e).
(3) The Secretary shall--,
(A) seek the cooperation of the State of California and the
county and local governments within Humboldt and Del Norte
Counties in the implementation of the provisions of this section
and in the adoption of similar provisions for aull consideration
of affected employees with regard to State, county, and local jobs
and activities; and
(B) appoint, from among nominees proposed by certified or
recognized unions representing employees, a person or persons who
shall serve as the Secretary's liaison with employees and their
union and as consultant to the Secretary with regard to the
administration of those provisions of this Act for which the
Secretary is responsible.
(h) An employee, a group of employees, a certified or recognized
union, or an authroized representative of such employee or group,
aggrieved by any determination by the Secretary under this Act shall be
entitled to judicial review of such determination in the same manner and
under the same conditions as provided by section 250 of The Trade Act of
1974 (88 Stat. 2029). // 19 USC 2101. //
(i) Nothing in this section shall be construed to affect any
additional or alternative rights under a law, regulation, or contract
(including, but not limited to, veteran preference and contracts between
private employers and unions) in effect as of the date of enactment of
this Act, and the implementaion of this section shall be carried out in
accord with applicable civil service laws and regulations except as
otherwise provided for in this section. Employees appointed to Federal
jobs pursuant to this section shall have their compensation fixed at
rates not to exceed that now or hereafter prescribed for the highest
rate of grade 15 of the General Schedule under section 5332 of title 5,
United States Code.
Sec. 104. // 16 USC 79m. // The Secretary shall submit an annual
written report to the Congress on January 1, 1979, and annually
thereafter for ten years, reporting on the status of payment by the
Secretary for real property acquired pursuant to section 101(a)(4) and
section 101(a) (2) of this amendment; the status of the actions taken
regarding land management practices and watershed rehabilitation efforts
authorized by section 101(a)(6) and section 102(b) of this amendment;
the status of the efforts to mitigate adverse economic impacts as
directed by this Act; this status of National Park Service employment
requirements as authorized by section 103 of this amendment; the status
of the new bypass highway and of the agreement for the donation of the
State park lands as contemplated by section 101(a)(5) of this amendment;
and, the status of the National Park Service general management plan
for the park.
(b) No later than January 1, 1980, the Secretary shall submit to the
Committee on Interior and Insular Affairs of the House of
Representatives, and to the Committee on Energy and Natural Resources of
the Senate, a comprehensive general management plan for Redwood National
Park, to include but not be limited to the following:
(1) the objectives, goals, and proposed actions designed to
assure the preservation and perpetuation of a natural redwood
forest ecosystem;
(2) the type and level of visitor use to be accomodated by the
park, by specific area, with specific indications of carrying
capacities consistent with the protection of park resources;
(3) the type, extent, and estimated cost of development
proposed to accomodate visitor use and to protect the resource, to
include anticipated location of all major development areas,
roads, and trails; and
(4) the specific locations and types of foot trail access to
the Tall Trees Groves, of which on route shall, unless shown by
the Secretary to be inadvisable, principally traverse the east
side of Redwood Creek through the essentially virgin forest,
connecting with the roadhead on the west side of the park east of
Orick.
Sec. 105. Effective on October 1, 1978, // 16 USC 79n. // there are
hereby authorized to be appropriated $33,000,000 to carry out the
rehibilitation provisions of this Act.
Sec. 106. (a) Notwithstanding any contrary provision of the Act //
31 USC 79o. // entitled " An Act to provide for certain payments to be
made to local governments by the Secretary of the Interior based upon
the amount of certain public lands within the boundaries of such
locality", approved October 20, 1976 (90 Stat. 2662), // 31 USC 1601.
// the Secretary is authorized and directed to make payments on a fiscal
year basis to each unit of local government, in the manner provided by
the Act of October 20, 1976, in which lands owned by the United States
within Redwood National Park are located. Such paymnets may be used for
any governmental purpose. The amount of such payments shall be computed
as provided in subsections (b) and (c).
(b) Payment made for any fisal year to a unit of local government
shall include that amount determined pursuant to the provisions of
section 2 of the Act of October 20, 1976. // 31 USC 1602. //
(c) Payment made for any fiscal year to a unit of local government
shall also include that amount determined pursuant to the provisions of
section 3 of the Act of October 20, 1976: // 31 USC 1603. // Provided,
hovever, That any amount computed as provided by section 3(c)(1) of the
Act of October 20, 1976, but not paid because of the limitation of
subsection (c)(2) and subsection (d) of that section // 31 USC 1602. //
shall be carried forward and shall be applied to future years in which
this portion of the total payment would not otherwise equal the amount
of real property taxes assessed and levied on such property during the
last full fiscal year before the fiscal year in which such land or
interest was acquired for addition to Redwoods National Park until such
amount is exhausted.
(d) The Redwoods Community College District shall be considered as an
affected school district for purpose of section 3(a) of the Act of
October 20, 1976, // 31 USC 1602. // as amended herein.
Sec. 107. The Secretary is further authroized, and the Congress
specifically directs that it shall be a purpose of this Act, // 16 USC
79p. // that the community services and employment opportunities
provided by Redwoods United, Incorporated, a nonprofit corporation
located in Manila, California, shall be maintained at the present rate
of employment to the greatest degree practicable.
Sec. 108. // 16 USC 79q. // The Congress further acknowledges and
directs that the full faith and credit of the United States is pledged
to the prompt payment of just compensation as provided for by the faith
amendment to the Constitution of the United States for those lands and
properties taken by this Act.
Sec. 109. // 16 USC 79k. // Unless otherwise indicated hereinbefore,
a reference to the Secretary will refer to the Secretary of the
Department of the Interior, except in subsection 103(d) through 103(i),
where a reference to the Secretary will refer to the Secretary of the
Department of Labor.
Sec. 201. As used in this title, the term--,
(1) " Secretary" unless otherwise indicated, means the
Secretary of the Department of Labor; (2) "expansion area" means
the area indicated as " Proposed Additions" (exclusive of the park
protection zone) on the map entitled " Additional Lands, Redwood
National Park, Humboldt County, California", numbered 167 - 8005
-D and dated March 1978. The number of acres authorized to be
included within the expansion area is forty-eight thousand acres,
as further provided herein;
(3) "employee" means a person employed by an affected employer
and, with such exceptions as the Secretary may determine, in an
occupation not described by section 13(a)(1) of the Fair Labor
Statdndards Act (29 U.S.C. 213(a)(1);
(4) "contract employees" are employees performing work pursuant
to a contract or agreement for services within or directly related
to the expansion area between an affected contract employer and an
affected woods employer;
(5) "industry employer" means a corporation, partnership, joint
venture, person, or other form of business entity ( (including a
predecessor or successor by purchase, merger, or other form of
acquisition), of which a working portion or division is an
affected employer;
(6) "affected employer" means a corporation, partnership, joint
venture, person, or other form of business entity (including a
predecessor or a successor by purchase, merger, or other form of
acquisition), or a working portion or division thereof, which is
engaged in the harvest of timber or in related sawmill, plywood,
and other wood processing operations, and which meets the
qualifications set forth in the definition of affected woods
employer, affected mill employer, or affected contract employer;
(7) "affected woods employer" means an affected employer
engaged in the harvest of redwood timber who owns at least 3 per
centum of the number of acres authorized to be included within the
expansion area on January 1, 1977, and on the date of enactment of
this section: Provided, That an affected woods employer shall be
only that major portion or division of the industry employer
directly responsible for such harvesting operations;
(8) "affected mill employer" means an affected employer engaged
in sawmill, plywood, and other wood processing operations in
Humboldt or Del Norte Counties in the State of California who has
either (A) obtained 15 percentum or more of its raw wood materials
directly from affected woods employers during claendar year 1977,
or (B) is a wholly owned mill of an affected woods employer:
Provided, That an affected mill employer shall be only that major
portion or division of the industry employer directly responsible
for such wood processing operations;
(9) "affected contract employer" means an affected employer
providing services pursuant to contract with an affected woods
employer, if at least 15 percentum of said employer's
employee-hours worked during calendar year 1977 were within or
directly related to the expansion are pursuant to such contract or
contracts;
(10) "covered employee" means an employee who--,
or
(11) "affected employee" means a covered employee who is either
totally or partially laid off any an affected employer withing a
time priod beginning on or after May 31, 1977, and ending
September 30, 1980, unless extended, as provided in section 203,
or is determined by the Secretary to be adversely affected by the
expansion of the Redwood National Park. An employee shall be
deemed adversely affected as of the date of the employee's layoff,
downgrading, or termination;
(12) "total layoff" means a calendar week during which affected
employers have made no work available to a covered employee and
made no payment to said covered employee from affected employers
is at least 10 percentum less than the layoff or vacation
replacement benefit that would have been payable for that week had
said covered employee suffered a total layoff: Provided, That the
terms "total layoff" and "partial layoff" shall also apply to a
covered employee who had received any workers' compensation
benefits or unemployment conpensation disability benefits after
said covered employee becomes able to work and available for work
and is otherwise within the meaning of total layoff and partial
layoff as defined in this paragraph;
(13) " Federal agency" has the same meaning as "agency" in
section 552(c) of title 5, United States Code;
// 5 USC 551. //
(14) "suitable work" shall be defined--,
(15) "seniority" with respect to an employee covered by a
collective-bargaining agreement with an affected employer, shall
be determined as provided in such agreement and shall be deemed to
refer to company seniority, if the agreement provides for such
seniority and, otherwise, to plant seniority;
(16) "continuous service" with respect to employees not having
seniority under a collective-bargaining agreement with an affected
employer or an industry employer shall mean a period of time
measured in months equal to the sum of all hours during which the
employee performed work for said employer plus all hours for which
the employee received pay for time not worked divided by one
hundred and seventy-three;
(17) "performed work" shall include any time during which an
employee worked for an affected employer or with respect to which
an employee received pay from such an employer for time not
worked, and shall also include any time during which an employee
would have been at work for such an employer if not for service in
the armed forces, for a leave (approved by the employer) for work
with an employee organization, or for a disability for which said
employee received workers' compensation, disability compensation
benefits provided under California law, or social security
disability pension benefits: Provided, That contract employees
shall be deemed to have performed work during the period of such
service or disability only if--,
The term "work performed", when used in relation to a period of
time, shall also be deemed to include any period during which an
employee is deemed to have performed work;
(18) "terminal pay" means the payments to employees provided
for in sections 207, 208, and 209 which, regardless of the
designations used herein to distinguish among them are intended
and shall be deemed to be severance pay and, as such, shall be
treated for Federal income tax and State unemployment insurance
purposes in the same manner as is provided by California State
law;
(19) Notwithstanding any other provision of this Act, the
secretary shall reduce the amount of terminal pay for an employee,
as calculated pursuant to section 207, 208, or 209, by the amount
of the Federal and State income taxes which would be required to
be withheld by an employer from wages equal to such terminal pay
if paid to an employee with the same number of income tax
excemptions as the recipient. For purposes of determining the
amounts of such reductions with respect to severance payments made
pursuant to section 208 and 209, said severance payments shall be
prorated over the number of weeks the equivalent sums would have
been paid if the employees were eligible for and claiming the
weekly layoff benefits provided in section207. The Secretary
shall withhold social security contributions from terminal pay in
the same amounts as would be withheld if such pay (before the
reductions provided for in this subsection) were wages and the
Secretary shall make contributions on behalf of employees
receiving terminal pay to the trust funds created under section
201 of the Social Security Act equal to the contributions required
to be made by an employer paying wages equal to such unreduced
terminal pay; and
(20) "sixty-fifth birthday" means the last day of the month in
which the sixty-fifth birthday occurs.
Sec. 202. The Secretary is authorized to develop the necessary
procedures to implement this title.
Sec. 203. The total or partial layoff of a covered employee employed
by an affected employer during the period beginning May 31, 1977, and
ending September 30, 1980, other than for a cause that would disqualify
an employee for unemployment compensation, except as provided in section
205, is conclusively presumed to be attributable to the expansion of
Redwood National Park: Provided, That the Secretary may, for good
cause, extend this period for any group of covered employees by no more
than one year at a time after September 30, 1980. Any covered employee
laid off during that period by an affected employer shall be considered
an affected employee at any time said employee is on such layoff within
the period ending September 30, 1984, or, if earlier, the end of said
employee's period of protection as defined herein: Provided, however,
That the number of affected employees with respect to an affected
contract employer shall be limited in any week to that number of such
employees otherwise affected as provided herein that is equal to the
percentage of the affected employer's employee hours during calendar
year 1977 that were worked within or directly related to the expansion
area.
Sec. 204. (a) The Secretary shall provide, to the maximum extent
feasible, forretention and accural of all rights and benefits which
affected employees would have had in an employment with affected
employers during the priod inwhich they are affected employees. The
Secretary is authorized and shall seek to enter into such agreements as
he may deem to be appropritate with affected employees and employers,
labor organizations representing covered employees, and trustees of
applicable pension and welfare funds, or to take such other actions as
he deems appropriate to provide for affected employees (including the
benefits provided for in section 207(d)) the following rights and
benefits:
(1) retention and accrual of seniority rights, including recall
rights (or, in the case of employees not covered by
collective-bargaining agreements, application of the same
preferences and privileges based upon length of continuous service
as are applied under the affected employer's usual practices)
under conditions no more burdensome to said employees than to
those actively employed; and
(2) continuing entitlement to health and welfare benefits and
accrual of pension rights and credits based upon length of
employment and/or amounts of earnings to the same extent as and at
no greater cost to said employees than would have been applicable
had they been actively employed.
(b) The Secretary shall provide, additionally, for continuing
entitlement to health and welfare benefits (other than group life and
additional death, dismemberment, and loss of sight benefits) for
employees who--,
(1) retired from employment with an affected employer for
reasons other than disability on or after May 31, 1977, but not
later than September 30, 1984;
(2) are receiving pension benefits under a plan financed by
industry employers;
(3) were age sixty-two or older but less than age sixty-five at
the time of retirement; and
(4) are not eligible for benefits under title XVIII of the
Social Security Act.
// 42 USC 1395. //
(c) The agreements described in subsection (a) of this section shall
provide for the Secretary, effective October 1, 1977, to make payments
on behalf of eligible affected employees including employees eligible
for the benefits provided for in section 207(d) to the applicable
pension and welfare trust funds and to insure companies. Such paymenst
may be made in the form of grants and/or contributions equivalent to the
difference between the amounts payable by their affected employers and
labor organizations pursuant to collective-bargaining agreements (or, in
the absence of such agreements, pursuant to established practice) and
the amounts that would have been paid by their affected employers and
their labor organizations had said employees worked or received pay for
the period for which they receive layoff benefits: Provided, That no
payment shall be made to a pension fund on behalf of an employee who is
receiving a pension from such fund. For purposes of determining the
amounts of contributions calculated on the basis of worked or
compensable hours, layoff and vacation replacement benefits shall be
converted into the hours they represent in accordance with regulations
to be issued by the Secretary.
(d) No person shall be subject to liability under the Employee
Retirement Income Security Act of 1974, // 29 USC 1001 // section 302 of
the Labor-Management Relations Act, 1947, // 29 USC 189. // or any
other law, solely by reason of the receipt of payments from the
Secretary or the payment of benefits to affected employees in accordance
with this section. Receipt of such payments and the payment of such
benefits are deemed to be consistent with any relevant plan documents.
No action taken pursuant to this section shall be deemed to place the
Secretary in the position of an employer or a party in interest
(including a fiduciary) for purposes of the Employee Retirement Income
Security Act of 1974. // 29 USC 1001 //
Sec. 205. (a) An application for unemployment compensation filed by
a covered employee on or after the first Monday following the date of
enactment shall be deemed an application for the benefit provided by
this Act.
(b) An affected employee shall be eligible (unless said employee has
received a social security retirement of disability benefit or a pension
under a plan contributed bo by an affected employer) for layoff and
vacation replacement benefits, as defined herein, effective the first
Monday following the date of enactment, for each week of total or
partial layoff if, with respect to said week, said employee--,
(1) is registered with the United States Employment and
Training Service in Humboldt or Del Norte Counties or one of the
adjacent counties in the State of California or at such other
location as the Secretary may designate;
(2) is eligible for unemployment compensation benefits under
the California Unemployment Insurance Code: Provided, That the
Secretary is authorized and directed to provide for the payment of
benefits under this title to an affected employee who is held
ineligible or is disqualified for benefits under said code solely
because of one or more of the following reasons: insufficient
base period earnings; exhaustion of benefit rights; earnings in
excess of the amount which would entitle the employee to a partial
benefit for the week; the waiting week requirement;
unavailability for work because of jury duty, National Guard duty,
retraining authorized, financed or approved by a public agency, or
because of a similar reason as determined by the Secretary;
refusal of work which is not "suitable work" as defined in section
201(14): receipt of a worker's compensation or other benefit for
partial disability which the employee would be entitled to
received while working; and any other cause of ineligibility with
respect to which the Secretary determines that, under the
circumstances, it would be unreasonable or otherwise contrary to
the purpose of this Act to deny said employee a benefit provided
for herein; and
(3) the employee's period of protection has not been exhausted
or otherwise ended by acceptance of a severance payment.
Sec. 206. (a) The period of protection for an affected employee
shall start with the beginning of the first week for which said employee
is eligible to receive a layoff or vacation replacement benefit as
provided by this title, and shall continue until the earliest of (i) the
date said employee accepts a severance payment provided for below, (ii)
a period equal to the length of the Employee's creditable service is
exhausted, or (iii) said employee's sixty-fifth birthday. In no event
shall such period extend beyond September 30, 1984, except as provided
by subsection (d) of section 207.
(1) a period equal to the length of an employee's seniority (or
continuous service as defined herein) with said employee's last
affected employer as of the date said employee's period of
protection begins; plus
(2) a period equal to the sum of all prior periods during which
the employee had seniority (or continuous service) with the same
affected employer and with other industry employers: Provided,
That if such seniority was broken (or such continuous service was
interrupted) for more than three consecutive years for any reason
other than employment with other affected or industry employers,
periods of service in the Armed Forces or disabilities for which
said employee received any workers' compensation benefits,
unemployment compensation disability benefits, or disability
benefits under the Social Security Act, any periods of seniority
(or continuous service) prior to the break in seniority (or
interruption in continous service) shall be disregarded.
(c) If necessary, in order to establish an employee's creditable
service, the Secretary shall request authorization to examine said
employee's social security wage record and shall compute such service
from it by a method to be prescribed by regulation.
Sec. 207. (a) Except as further provided in this section, the amount
of an eligible employee's weekly layoff benefit shall be equal to (1)
the annual average of all hours of work performed by said employee for
the last affected employer or whom the employee worked prior to the date
of enactment of this section during those three of the five calendar
years immediately preceding said date during which such hours were
greatest, counting hours paid for at time and a half and double time as
one and one-half and two hours, respectively, multiplied by (2) the wage
rate applicable, during the week for which the benefit is payable, to
the highest paid job held by said employee, other than by temporary
assisnment, with said affected employer during the preiod from January
1, 1977, through the date of enactment of this section, and divided by
(3) fifty-two.
(b) The weekly benefit amount for an eligible employee with less than
five claendar years of employment with one affected employer immediately
prior to the enactment date shall be equal to the lessor of--,
(1) the average benefit that would be payable with respect to
the same week to those covered employees (if they were eligible in
the same week) who had five or more calendar years of employment
with the same affected employer (in accord with subsection (a) of
this section) whose benefit amounts are computed on the basis of
the wage rate for a job the same as, or most similar to, the
highest paid job said employee had held, other than by temporary
assignment, with said affected employer during the period from
January 1, 1977, through the date of enactment of this section, or
(2) an amount calculated by substituting in clause (1) of
subsection (a) the annual average of all hours of work performed
by said employee for said employer during those claendar years for
which said employee had performed work and throughout which he had
seniority (or continuous service).
(c) Notwithstanding subsections (a) and (b), the Secretary shall
classify as a "seasonal employee" any affected employee whose highest
paid job held, other than by temporary assignment, with said affected
employer during the period from January 1, 1977, through the date of
enactment of this section was in an occupation during the five calendar
years preceding the enactment date was forth or less. With respect to
such seasonabl employee--,
(1) the calculation of benefit amount set forth in subsection
(a) shall be modified by--,
modified in accord with subsection (b) with respect to
those employees who had less than five calendar years of
employment with one affected employer immediately prior
to the date of enactment of this section.
(2) the number of weekly benefits payable in any calendar year
shall not exceed the annual average number of weeks for which a
seasonal employee received pay from an affected employer for work
performed in the employee's occupation, as established by
paragraph (1) (B), and shall be payable only during those weeks of
each year determined by the Secretary to be the usual season for
that occupation;
(3) vacation pay and vaction pay increments shall be paid in
the same amounts and at the same times of each year as they would
have been paid had said employee performed work during all of the
time for which said employee receives layoff benefits. Such pay is
referred to herien as "vacation replacement benefits".
(d) Notwithstanding any other provision of this Act, the benefits for
any affected employee who will reach the age of sixty on or before
September 30, 1984, shall be extended after the end of the employee's
period of protection (unless severance pay has been accepted) until the
Employee's sixty-fifth birthday, and shall be equal to said employee's
weekly layoff benefit.
(e) The benefit amount provided by this section for any week of total
or partial layoff shall be reduced by--,
(1) the full amount of any earnings, including pay for time not
worked with respect to the same week, from employment obtained
pursuant to section 103, or employment by employers engaged in
timber harvesting, or in related sawmill, plywood, and other wood
processing operaitons;
(2) 50 per centum of earnings and pay for time not worked from
any other employer with respect to that week; and
(3) the full amount of any unemployment compensation
attributable to that week.
Sec. 209, (a) An affected emplyee (other than a short-service
employee described in subsection (a) of section 209) shall be paid
severance pay in accordance with this sectionif said employee:
(1) has been on a continuous layoff from employment with the
employee's last affected employer for a period of at least twenty
weeks subsequent to December 31, 1977;
(2) has no definite recall date for work with the affected
employer by whom the employee was laid off and no offer of
suitable work by any affected employer; and
(3) applies for severance pay during a week with respect to
which said employee has not performed work for an affected
employer: Provided, That this clause shall not result in denial
of severance pay to an otherwise eligible employee who at the time
of application is totally and permanently disabled as defined in
the Social Security Act; or
(4) was permanently separated from employment with an affected
employer during the priod beginning May 31, 1977, and ending on
the date of enactment of this Act, as a result of the closure of
the mill or plant in which said employee was employed and has not,
since said separation, been employed by an affected employer.
Provided, That an employee shall be deemed an affected employee for
purposes of this section if said employee meets the requirements of
clauses (1), (2), and (3) of section 204(b).
(b) The amount of severance pay payable to an employee shall be
computed by multiplying the applicable number of weeks determined in
accordance with subsection (c) by the amount of the weekly layoff
benefit (without reduction for earnings or other benefits) which is
payable, or would be payable if the employee were eligible, for the week
in which the application was filed: Provide, That for a seasonal
employee the amount so calculated, plus the amount of vacation
replacement benefits applicable for that year shall be multiplied by the
number of weeks in said employee's usual season, as determined in
section 207(c), and the result divided by fifty-two.
(c) The number of week of severance pay shall be equal to one week
for each month of the employee's creditable service up to a maximum of
seventy-two weeks: Provided, That the severance payment to any employee
shall not exceed the total amount of the weekly layoff and vacation
replacement benefits which would have been payable if said employee were
to be eligible for such benefits continuously from the week of
application until the end of the applicable period of protection (or, in
the case of an emplyee described in the final proviso of subsection (a),
until the earlier of said employee's sixty-fifth birthday or September
30, 1984), calculated on the basis of the weekly amounts of such
benefits as of the date of application for severance pay.
(d) Acceptance of severance pay terminates the affected employee's
period of protection and makes said employee ineligible thereafter for
all other forms of terminal pay and for the protection provided in
section 204, except as otherwise specifically provided in this Act.
(e) Before making a severance payment to an employee, the Secretary
shall obtain said employee's written agreement that, upon resumption of
employment in the industry within Humboldt and Del Norte Counties and
the counties adjacent thereto in the State of California prior to
September 30, 1980, or such later date established by the Secretary with
respect to said employee pursuant to section 203, said employee will
return it in weekly installments equal to a specified percentage of the
employee's earnings in the industry, which the Secretary shall set at a
reasonable level. The agreement shall include authorization for the
Secretary to arrange with an employer for withholding of the applicable
amounts from the employee's pay.
Sec. 209. (a) Notwithstanding any other provision of this Act, an
affected employee as defined in this title shall be ineligible for any
benefit under this title except as provided in this section if:
(1) said employee will not reach age sixty before October 1,
1984; and
(2) said employee as of the date of becoming an affected
employee, does not have service credit for pension purposed of at
least five full years under a pension plan contributed bo by
industry employers.
(b) An affected employee described in subsection (a) shall be paid
severance pay in accordance with this section if said employee meets the
requirements of section 208(a).
(c) Said employee shall be paid a severance payment equal to forty
times the hourly wage rate applicable at the time of application for
severance pay to the highest paid job held by said employee, other than
by temporary assignment, during calendar year 1977, with the employee's
last affected employer for each one hundred and seventy-three hours for
which said employee performd work for affected employers. applying for
and accepting severance payments pursuant to this section except that
such employees shall remain eligible for allowances provided for in
sections 211 and 212, and for retraining as provided for in section 210
(a) and while in good faith emgaged in such training shall be paid the
same stipends and allowances as are generally applicable to individuals
engaged in such retraining programs who are not employees as defined in
this Act.
Sec. 210. (a) An affected employee is eligible to apply for and the
Secretary sahll authorize training (including training for technical and
profiessional occupations) at Government expense during said employee's
period of protection if--,
(1) the Secretary determines that there is no suitable
employment available for the employee within a reasonable
commuting areaf and
(2) there is substantial reason to believe that the employeehs
employment prospects would be enhanced after successful completion
of the training for which application has been filed
(b) An affected employee emgaged in training authorized by subsection
(a) shall be paid layoff and vacation replacement benefits while in good
faith emgaged in such training and shall continue tobe paid such
benefits while so engaged.
Sec. 211. Upon application filed by an affected employee during said
employee's period of protection, said employee shall be eligible for a
job search allowance under the same terms, conditions, and amounts as
provided in section 237 of the Trade Act of 1974 (19 U.S.C. 2297).
Sec. 212. (a) A relocation allowance shall be paid upon application
by an affected employee during the applicable period of protection if--.
(1) the Secretary determines that said employee cannot
reasonably be expected to obtain suitable work in the commuting
area in which said employee residesf and
(2) the employee has obtained--,
(3) the employee relocated during the period beginning May 31.
1977, and ending on the date of enactment, because of acceptance
of employment requiring a change inresidence to a location outside
the commuting area in which said employee resided immediately
prior to becoming an affeacted employee.
(b) The Secretary shall provide the same moving expense benefits for
the same purposes as are set forth in the Regional Rail Reorganization
Act of 1973 (Public Law 93 - 236). // 45 USC 701 note. //
Sec. 213. (a) The Secretary shall be responsible for paying promptly
all benefits and payments provided by this title.
(b) Effective October 1, 1977, there are authorized to be
appropriated annually such sums as may be required to meet the
obligations provided for in this title.
(c) The Secretary shall have the authority to obtain information
necessary to carry out the responsibilities created under this Act in
the same manner as provided by section 249 of the Trade Act of 1974 (19
U.S.C. 2321).
(d) The Secretary shall offer all reasonable cooperation and
assistance to individuals who believe they may quality for the benefits,
payments, preferential hiring rights, and other protections provided for
employees under this Act. Among other things, the Secretary shall--,
(1) provide all covered employees with literature stating their
rights and obligations in nontechnical terms; and
(2) develop and implement procedures for the filing (including
filing by mail in appropriate circumstances as determined by the
Secretary) of applications, appeals, and complaints relating to
the rights and entitlements established for employees by this
title designed to facilitate prompt determinations and prompt
payment to eligible applicants.
(e) The Secretary shall direct that notices, reports, applications,
appeals, and information concerning the implementation of this title
required to be filed with the Secretary shall be filed at the offices of
the United States Employment and Training Service in Humboldt and Del
Norte Counties of the State of California and that information required
to facilitate employees' exercise of their rights under this title shall
be kept available at such offices unless the Secretary shall designate
additionally.
(f) In all cases where two or more constructions of the language of
this title would be reasonable, the Secretary shall adopt any apply that
construction which is most favorable to employees. The Secretary shall
avoid inequities adverse to employees that otherwise would arise from an
unduly literal interpretation of the language of this title.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 581 (Comm. on Interior and Insular Affairs),
No. 95 - 581, pt. II (Comm. on Appropriations) and No. 95 - 931 (Comm.
of Comference).
SENATE REPORTS: No. 95 - 528 (Comm. on Energy and Natural Resources)
and No.95 - 578 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Jan. 31, S. 1976 considered and passed Senate.
feb. 9, considered and passed House.
Feb. 28, considered and passed Senate, amended, in lieu of S.
1976.
Mar. 14, House agreed to conference report.
Mar. 21, Senate agreet to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 13: Mar.
27, Presidential statement.
PUBLIC LAW 95-249, 92 STAT. 162
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, in accordance with
section 3(b) of the Wilderness Act (78 Stat. 890), // 16 USC 1132 // the
area classified as the Beartooth and Absaroka Primitive Areas, with the
proposed additions thereto and deletions therefrom, as generally
depicted on a map entitled " Absaroka-Beartooth Wilderness", dated
February 1978, // 16 USC 1132. // which is on file and available for
public inspection in the office of the Chief, Forest Service, Department
of Agriculture, is hereby designated as the " Absaroka-Beartooth
Wilderness", within and as part of the Custer and Gallatin National
Forests, comprising an area of approximately nine hundred and four
thousand five hundred acres.
Sec. 2. As soon as practicable after this Act takes effect, the
Secretary of Agriculture shall file a map and legal description of the
Absaroka-Beartooth Wilderness with the Energy and Natural Resources
Committee of the Senate and the Interior and Insular Affairs Committee
of the House of Representatives, and such 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.
Sec. 3. The Absaroka-Beartooth Wilderness shall be administered by
the Secretary of Agriculture in accordance with the 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.
Sec. 4. Nothing in this Act shall be construed as affecting in any
manner or to any extent any claim by Park County, Montana, and Sweet
Grass County, Montana, to a right-of-way from Cooke City, Montana, to
Boulder, or to affect in any manner or to any extent the relative rights
and liabilities between the parties in connection with Cause numbered 76
- 125 -BLG, Park County, Montana, and Sweet Grass County, Montana,
versus United States of America, et al., filed in the United States
District Court for the District of Montana, Billings Division, on
October 4, 1976. Nothing in this Act shall be construed as abating such
cause or as amending or otherwise affecting or modifying the provision
of law pursuant to which such cause was filed.
Sec. 5. The previous classification of the Beartooth and Absaroka
Primitive Areas is hereby abolished.
LEGISLATIVE HISTORY
HOUSE REPORT No. 95 - 927 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 624 (Comm. on Energy and Natural Resourses).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Feb. 10, considered and passed Senate.
Mar. 14, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 13:
Mar. 27, Presidential statement.
PUBLIC LAW 95-248, 92 STAT. 159
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the National Trails
System Act (82 Stat. 919; 16 U.S.C. 1241), as amended (90 Stat. 2481;
16 U.S.C. 1244), is further amended as follows:
(1) Amend section 5(a)(3) to read as follows:
"(3) The Secretary of the Interior shall establish within sixty days
of the enactment of this subsection an Advisory Council for the
Appalachian National Scenic Trail which shall terminate one hundred and
twenty months from the date of enactment of this subsection. The
Secretary of the Interior shall consult with such Council from time to
time with respect to matters relating to the Trail, including the
selection of rights-of-way, standards for the erection and maintenance
of markers along the Trail, and the administration of the Trail. The
members of the Advisory Council, which shall not exceed thirty-five in
number, shall serve for a term of two years without compensation as
such, but the Secretary may pay, upon vouchers signed by the Chairman of
the Council, the expenses reasonably incurred by the Council and its
members in carrying out their responsibilities under this section.
Members of the Council shall be appointed by the Secretary of the
Interior as follows:
"(i) a member appointed to represent each Federal department or
independent agency administering lands through which the Trail
route passes and each appointee shall be the person designated by
the head of such department or agency;
"(ii) a member appointed to represent each State through which
the Trail passes and such appointments shall be made from the
recommendations of the Governors of such States;
"(iii) one or more members appointed to represent private
organiaztions, including corporate and individual landowners and
land users, that, in the opinion of the Secretary, have an
established and recognized interest in the Trail and such
appointments shall be made from recommendations of the heads of
such organizations: Provided, That the Appalachian Trail
Conference shall be represented by a sufficient number of persons
to represent the various sections of the country through which the
Appalachian Trail passes; and
"(iv) the Secretary shall designate one member to be chairman
and shall fill vacancies in the same manner as the original
appointment.".
(2) Amend section 5 by adding the following new subsection (d):
"(d) Within two years of the date of enactment of this subsection,
the Secretary of the Interior shall, after full consultation with the
Governors of the affected States, the Advisory Council, and the
Appalachian Trail Conference, submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Interior and
Insular Affairs of the House of Representatives, a comprehensive plan
for the management, acquisition, development, and use of the Appalachian
Trail, including but not limited to, the following items:
"(1) specific objectives and practices to be observed in the
management of the Trail, including the identification of all
significant natural, historical, and cultural resources to be
preserved; details of anticipated cooperative agreements to be
consummated with other entities; and identification of carrying
capacity and use patterns of the Trail;
"(2) an acquisition or protection plan, by fiscal year, for all
lands to be acquired by fee title or lesser interest, along with
detailed explanation of anticipated necessary cooperative
agreements for any lands not to be acquired; and
"(3) general and site-specific development plans, including
anticipated costs.".
(3) Amend section 7(d) // 16 USC 1246 // by changing the colon to a
period and by deleting the proviso.
(4) Amend section 7(g) by deleting the first proviso and inserting in
lieu thereof " Provided, That condemnation proceedings may not be
utilized to acquire fee title or lesser interests to more than an
average of one hundred and twenty-five acres per mile:".
(5) Amend section 10, // 16 USC 1249. // by adding at the end
thereof the following: " From the appropriations authorized for fiscal
year 1979 and suceeding fiscal years pursuant to the Land and Water
Conservation Fund Act (78 Stat. 897), as amended, // 16 USC 460l- 4 //
not more than the following amounts may be expended for the acquisition
of lands and interests in lands authorized to be acquired pursuant to
the provisions of this Act:
"(a)(1) The Appalachian National Scenic Trail, not to exceed
$30,000,000 for fiscal year 1979, $30,000,000 for fiscal year 1980, and
$30,000,000 for fiscal year 1981, except that the difference between the
foregoing amounts and the actual appropriations in any one fiscal year
shall be available for appropriation in the subsequent fiscal year. It
is the express intent of the Congress that the Secretary should
substantially complete the land acquisition program necessary to insure
the protection of the Trail within three complete fiscal years following
the date of enactment of this sentence. Until the entire acquisition
program is completed, he shall transmit in writing at the close of each
fiscal year the following information to the Committee on Energy and
Natural Resources of the Senate and to the Committee on Interior and
Insular Affairs of the House of Representatives:
"(A) the amount of land acquired during the fiscal year and the
amount expended therefor;
"(B) the estimated amount of land remaining to be acquired;
and
"(C) the amount of land planned for acquisition in the ensuing
fiscal year and the estimated cost thereof.
"(2) Until the entire acquisition program is completed, the
Appalachian Trail Conference shall transmit a report at the close of
each fiscal year to the Committee on Energy and Natural Resources of the
Senate and to the Committee on Interior and Insular Affairs of the House
of Representatives which shall include but not be limited to comments
on--,
"(A) the manner in which negotiations for the acquisition
program are being conducted for every section of the Trail;
"(B) the attitudes of the landowners with whom negotiations
have been undertaken; and
"(C) whether in any case larger interests in land are being
acquired than are necessary to carry out the purposes of this Act.
"(b) For the purposes of Public Law 95 - 42 (91 Stat. 211), the lands
and interests therein acquired pursuant to this section shall be deemed
to qualify for funding under the provisions of section 1, clause 2, of
said Act.". // 16 USC 460l- 7. //
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 734 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 636 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 25, considered and passed House.
Vol. 124 (1978): Feb. 22, considered and passed Senate,
amended. Mar. 7, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 12 (1978): Mar. 22, Presidential statement.
PUBLIC LAW 95-247, 92 STAT. 158
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
sections 2401 and 2501 of title 28, United States Code, and section 12
of the Act of August 13, 1946, as amended (60 Stat. 1049, 1052; 25 U.S.
C. 70k), jurisdiction is hereby conferred upon the Indian Claims
Commission under section 2 of the Act of August 13, 1946, as amended (60
Stat. 1049, 1050; 25 U.S.C. 70a), to hear, determine, and render
judgment on any claims the Wichita Indian Tribe and its affiliated bands
and groups (namely, the Wichita, Keechi, Tawakonie, and Waco) have
against the United States with respect to any lands or interests therein
which were held by aboriginal title or otherwise, which were acquired
from such tribe, bands, or groups without payment of adequate
compensation by the United States: Provided, That no affiliated band or
group may bring a claim not held in common with the Wichita Indian
Tribe. Any claim filed hereunder with the Indian Claims Commission
shall be subject to the provisions of the Act of October 8, 1976 (90
Stat. 1990), // 25 USC 70v. // relating to the transfer of cases to the
Court of Claims. Any party to any action under this Act shall have the
right of review with respect to any decision of the Indian Claims
Commission or the Court of Claims under section 20 of the Act of August
13, 1946, as amended (60 Stat. 1049, 1054; 25 U.S.C. 70s).
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 597 accompanying H.R. 3377 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 95 - 119 (Select Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): May 5, considered and passed Senate.
Vol. 124 (1978): Feb. 24, considered and passed House,
amended, in lieu of H.R. 3377. March 8, Senate concurred in House
amendment.
PUBLIC LAW 95-246, 92 STAT. 157
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sum is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1978, namely:
For an addditional amount for " Operation and Maintenance",
$13,114,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 914 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 7, considered and passed House.
Mar. 9, considered and passed Senate.
PUBLIC LAW 95-245, 92 STAT. 156
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 418 (a) of
the Federal Aviation Act of 1958 // 49 USC 1388. // is amended by
renumbering paragraph (3) and any reference thereto as paragraph (4) and
by adding immediately after paragraph (2) the following new paragraph:
"(3) Any citizen of the United States who has a valid certificate
issued under section 401(d)(3) of this title // 49 USC 1371. // and who
provided supplemental air transportation carrying only cargo at any time
during the period from January 1, 1977, through the date of enactment of
this section may, during the forty-five day period beginning on April 1,
1978, submit an application to the Board for a certificate under this
section to provide all-cargo air service. Such application shall
contain such information and be in such form as the Board shall by
regulation require.".
Sec. 2. Section 418(b)(1)(A) of the Federal Aviation Act of 1958 is
amended by deleting "or (2)" and by inserting in lieu thereof ", (2), or
(3)".
Sec. 3. Section 418(b)(1)(B) of the Federal Aviation Act of 1958 is
amended by deleting "(3)" and inserting in lieu thereof "(4)".
Sec. 4. The provisions of this Act // 49 USC 1338 // shall become
effective on April 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 798 (Comm. on Public Works and Transportation).
SENATE REPORT No. 95 - 638 (Comm. on Commerece, Science, and
Transportation).
CONGRESSIONAL RECORD: Vol. 124 (1978):
Jan. 31, considered and passed House.
Feb. 24, considered and passed Senate, amended.
Mar. 1, House agreed to Senate amendments.
PUBLIC LAW 95-244, 92 STAT. 154
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 20 USC 238 // That
(a) the Secretary of the Interior (hereafter referred to as the "
Secretary") is authorized for the two-year period commencing October 1,
1978, and ending September 30, 1980 to make payments to reimburse the
appropriate school district or districts (hereafter referred to as the
"districts") for educational facilities and services (including, where
appropriate, transportation to and from school) incurred by said
districts in providing educational benefits to pupils living at or near
the Grand Canyon National Park upon real property owned by the United
States which is not subject to taxation by State or local agencies:
Provided, That the payments for any school year to said districts shall
not exceed that part of the cost of operating and maintaining such
facilities and providing such services which the number of pupils as
defined above bears to the whole number of pupils in average daily
attendance within said districts for that year.
(b) If in the opinion of the Secretary of the Interior, the aforesaid
educational facilities and services cannot be provided adequately and
payment made therefor on a pro rata basis, as prescribed in subsection
(a), the Secretary of the Interior may enter into cooperative agreements
with State or local agencies for (1) the operation of school facilities,
(2) for the construction and expansion of educational facilities at
Federal expense, and (3) for contribution by the Federal Government, on
an equitable basis satisfactory to the Secretary, to cover the increased
cost to local agencies for providing the educational services required
for the purposes of this section: Provided, That authority to make
payments under this subsection shall be effective only to such extent or
in such amounts as are provided in advance in appropriation Acts.
(c) The Secretary shall submit an annual estimate of the anticipated
payments which may be made in accordance with the provisions of this Act
to the Committees on Appropriations of the United States Senate and
House of Representatives. There are authorized to be appropriated an
amount not to exceed $1,500,000 for fiscal year 1979 and an amount not
to exceed $1,500,000 for fiscal year 1980 to carry out the provisions of
this Act: Provided, That any appropriations made pursuant to this Act
shall be reduced by the amount of any payments made to said districts
pursuant to the Acts of September 23, 1950 (64 Stat. 906), as amended
(20 U.S.C. 631 et seq.), and September 30, 1950 (64 Stat. 1100), as
amended (20 U.S.C. 236 et seq.). Any amount appropriated pursuant to
this Act for any fiscal year shall remain available until expended.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 847 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 388 accompanying S. 2002 (Comm. on Human
Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 9, considered and passed Senate, in
lieu of S. 2002.
Vol. 124 (1978): Feb. 6, considered and passed House, amended.
PUBLIC LAW 95-243, 92 STAT. 153.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 20(b) of
the Act of August 13, 1946 (c. 959, 60 Stat. 1054), as amended, // 25
USC 70s. // is hereby further amended by adding a new sentence at the
end thereof, as follows: " Notwithstanding any other provision of law,
upon application by the claimants within thirty days from the date of
the enactment of this sentence, the Court of Claims shall review on the
merits, without regard to the defense of res judicata or collateral
estoppel, that portion of the determination of the Indian Claims
Commission entered February 15, 1974, adjudging that the Act of February
28, 1877 (19 Stat. 254), effected a taking of the Black Hills portion of
the Great Sioux Reservation in violation of the fifth amendment, and
shall enter judgment accordingly. In conducting such review, the Court
shall receive and consider any additional evidence, including oral
testimony, that either party may wish to provide on the issue of a fifth
amendment taking and shall determine that issue de novo.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 529 accompanying H.R. 2664 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 95 - 112 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): May 3, considered and passed Senate.
Vol. 124 (1978): Feb. 9, considered and passed House, amended,
in lieu of H.R. 2664.
Feb. 27, Senate concurred in House amendment.
PUBLIC LAW 95-242, 92 STAT. 120, NUCLEAR NON- PROLIFERATION ACT OF
1978.
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 " Nuclear Non-Proliferation Act of 1978". // 22 USC 3201
note. //
Sec. 2. // 22 USC 3201. // The Congress finds and declares that the
proliferation of nuclear explosive devices or of the direct capability
to manufacture or otherwise acquire such devices poses a grave threat to
the security interests of the United States and to continued
international progress toward world peace and development. Recent
events emphasize the urgency of this threat and the imperative need to
increase the effectiveness of international safeguards and controls on
peaceful nuclear activities to prevent proliferation. Accordingly, it
is the policy of the United States to--,
(a) actively pursue through international initiatives
mechanisms for fuel supply assurances and the establishment of
more effective international controls over the transfer and use of
nuclear materials and equipment and nuclear technology for
peaceful purposes in order to prevent proliferation, including the
establishment of common international sanctions;
(b) take such actions as are required to confirm the
reliability of the United States in meeting its commitments to
supply nuclear reactors and fuel to nations which adhere to
effective non-proliferation policies by establishing procedures to
facilitate the timely processing of requests for subsequent
arrangements and export licenses;
(c) strongly encourage nations which have not ratified the
Treaty on the Non-Proliferation of Nuclear Weapons to do so at the
earliest possible date; and
(d) cooperate with foreign nations in identifying and adapting
suitable technologies for energy production and, in particular, to
identify alternative options to nuclear power in aiding such
nations to meet their energy needs, consistent with the economic
and material resources of those nations and environmental
protection.
Sec. 3. // 22 USC 3202. // It is the purpose of this Act to promote
the policies set forth above by--,
(a) establishing a more effective framework for international
cooperation to meet the energy needs of all nations and to ensure
that the worldwide development of peaceful nuclear activities and
the export by any nation of nuclear materials and equipment and
nuclear technology intended for use in peaceful nuclear activities
do not contribute to proliferation;
(b) authorizing the United States to take such actions as are
required to ensure that it will act reliably in meeting its
commitment to supply nuclear reactors and fuel to nations which
adhere to effective non-proliferation policies;
(c) providing incentives to the other nations of the world to
join in such international cooperative efforts and to ratify the
Treaty; and
(d) ensuring effective controls by the United States over its
exports of nuclear materials and equipment and of nuclear
technology.
Sec. 4. // 22 USC 3203. // (a) As used in this Act, the term--,
(1) " Commission" means the Nuclear Regulatory Commission;
(2) " Director" means the Director of the Arms Control and
Disarmament Agency;
(3) " IAEA" means International Atomic Energy Agency;
(4) "nuclear materials and equipment" means source material,
special nuclear material, production facilities, utilization
facilities, and components, items or substances determined to have
significance for nuclear explosive purposes pursuant to subsection
109 b. of the 1954 Act;
(5) "physical security measures" means measures to reasonably
ensure that source or special nuclear material will only be used
for authorized purposes and to prevent theft and sabotage;
(6) "sensitive nuclear technology" means any information
(including information incorporated in a production or utilization
facility or important component part thereof) which is not
available to the public and which is important to the design,
construction, fabrication, operation or maintenance of a uranium
enrichment or nuclear fuel reprocessing facility or a facility for
the production of heavy water, but shall not include Restricted
Data controlled pursuant to chapter 12 of the 1954 Act;
(7) "1954 Act" means the Atomic Energy Act of 1954, as amended;
// 42 USC 2011 //
and
(8) "the Treaty" means the Treaty on the Non-Proliferation of
nuclear Weapons.
(b) All other terms used in this Act not defined in this section
shall have the meanings ascribed to them by the 1954 Act, the Energy
Reorganization Act of 1974, // 42 USC 5801 note. // and the Treaty.
Sec. 101. // 22 USC 3221. // The United States, as a matter of
national policy, shall take such actions and institute such measures as
may be necessary and feasible to assure other nations and groups of
nations that may seek to utilize the benefits of atomic energy for
peaceful purposes that it will provide a reliable supply of nuclear fuel
to those nations and groups of nations which adhere to policies designed
to prevent proliferation. Such nuclear fuel shall be provided under
agreements entered into pursuant to section 161 of the 1954 Act // 42
USC 2201. // or as otherwise authorized by law. The United States
shall ensure that it will have available the capacity on a long-term
basis to enter into new fuel supply commitments consistent with its
non-proliferation policies and domestic energy needs. The Commission
shall, on a timely basis, authorize the export of nuclear materials and
equipment when all the applicable statutory requirements are met.
Sec. 102. // 22 USC 3222. // The Secretary of Energy is directed to
initiate construction planning and design, construction, and operation
activities for expansion of uranium enrichment capacity, as elsewhere
provided by law. Further the Secretary as well as the Nuclear
Regulatory Commission, the Secretary of State, and the Director of the
Arms Control and Disarmament Agency are directed to establish and
implement procedures which will ensure to the maximum extent feasible,
consistent with this Act, orderly processing of subsequent arrangements
and export licenses with minimum time delay.
Sec. 103. // 22 USC 3222 // The President shall promptly undertake a
study to determine the need for additional United States enrichment
capacity to meet domestic and foreign needs and to promote United States
non-proliferation objectives abroad. The President shall report to the
Congress on the results of this study within twelve months after the
date of enactment of this Act.
Sec. 104. // 22 USC 3223. // (a) Consistent with section 105 of this
Act, the President shall institute prompt discussions with other nations
and groups of nations, including both supplier and recipient nations, to
develop international approaches for meeting future worldwide nuclear
fuel needs. In particular, the President is authorized and urged to seek
to negotiate as soon as practicable with nations possessing nuclear fuel
production facilities or source material, and such other nations and
groups of nations, such as the IAEA, as may be deemed appropriate, with
a view toward the timely establishment of binding international
undertakings providing for--,
(1) the establishment of an international nuclear fuel
authority (INFA) with responsibility for providing agreed upon
fuel services and allocating agreed upon quantities of fuel
resources to ensure fuel supply on reasonable terms in accordance
with agreements between INFA and supplier and recipient nations;
(2) a set of conditions consistent with subsection (d) under
which international fuel assurances under INFA auspices will be
provided to recipient nations, including conditions which will
ensure that the transferred materials will not be used for nuclear
explosive devices;
(3) devising, consistent with the policy goals set forth in
section 403 of this Act, feasible and environmentally sound
approaches for the siting, development, and management under
effective international auspices and inspection of facilities for
the provision of nuclear fuel services, including the storage of
special nuclear material;
(4) the establishment of repositories for the storage of spent
nuclear reactor fuel under effective international auspices and
inspection;
(5) the establishment of arrangements under which nations
placing spent fuel in such repositories would receive appropriate
compensation for the energy content of such spent fuel if recovery
of such energy content is deemed necessary or desirable; and
(6) sanctions for violation of the provisions of or for
abrogation of such binding international undertakings.
(b) The president shall submit to Congress not later than six months
after the date of enactment of this Act proposals for initial fuel
assurances, including creation of an interim stockpile of uranium
enriched to less than 20 percent in the uranium isotope 235
(low-enriched uranium) to be available for transfer pursuant to a sales
arrangement to nations which adhere to strict policies designed to
prevent proliferation when and if necessary to ensure continuity of
nuclear fuel supply to such nations. Such submission shall include
proposals for the transfer of low-enriched uranium up to an amount
sufficient to produce 100,000 MWe years of power from light water
nuclear reactors, and shall also include proposals for seeking
contributions from other supplier nations to such an interim stockpile
pending the establishment of INFA.
(c) The President shall, in the report required by section 103, also
address the desirability of and options for foreign participation,
including investment, in new United States uranium enrichment
facilities. This report shall also address the arrangements that would
be required to implement such participation and the commitments that
would be required as a condition of such participation. This report
shall be accompanied by any proposed legislation to implement these
arrangements.
(d) The fuel assurances contemplated by this section shall be for the
benefit of nations that adhere to policies designed to prevent
proliferation. In negotiating the binding international undertakings
called for in this section, the President shall, in particular, seek to
ensure that the benefits of such undertakings are available to
non-nuclear-weapon states only if such states accept IAEA safeguards on
all their peaceful nuclear activities, do not manufacture or otherwise
acquire any nuclear explosive device, do not establish any new
enrichment or reprocessing facilities under their de facto or de jure
control, and place any such existing facilities under effective
international auspices and inspection.
(e) The report required by section 601 shall include information on
the progress made in any negotiations pursuant to this section.
(f)(1) The President may not enter into any binding international
undertaking negotiated pursuant to subsection (a) which is not a treaty
until such time as such proposed undertaking has been submitted to the
Congress and has been approved by concurrent resolution.
(2) The proposals prepared pursuant to subsection (b) shall be
submitted to the Congress as part of an annual authorization Act for the
Department of Energy.
Sec. 105. // 22 USC 3224. // The President shall take immediate
initiatives to invite all nuclear supplier and recipient nations to
reevaluate all aspects of the nuclear fuel cycle, with emphasis on
alternatives to an economy based on the separation of pure plutonium or
the presence of high methods to improve the safeguards for existing
nuclear technology. The President shall, in the first report required by
section 601, detail the progress of such international reevaluation.
Sec. 201. // 22 USC 3241. // The United States is committed to
continued strong support for the principles of the Treaty on the
Non-Proliferation of Nuclear Weapons, to a strengthened and more
effective International Atomic Energy Agency and to a comprehensive
safeguards system administered by the Agency to deter proliferation.
Accordingly, the United States shall seek to act with other nations
to--,
(a) continue to strengthen the safeguards program of the IAEA
and, in order to implement this section, contribute funds,
technical resources, and other support to assist the IAEA in
effectively implementing safeguards;
(b) ensure that the IAEA has the resources to carry out the
provisions of Article XII of the Statute of the IAEA;
(c) improve the IAEA safeguards system (including
accountability) to ensure--,
(1) the timely detection of a possible diversion of source or
special nuclear materials which could be used for nuclear
explosive devices;
(2) the timely dissemination of information regarding such
diversion; and
(3) the timely implementation of internationally agreed
procedures in the event of such diversion;
(d) ensure that the IAEA receives on a timely basis the data
needed for it to administer an effective and comprehensive
international safeguards program and that the IAEA provides timely
notice to the world community of any evidence of a violation of
any safeguards agreement to which is a party; and
(e) encourage the IAEA, to the maximum degree consistent with
the Statute, to provide nations which supply nuclear materials and
equipment with the data needed to assure such nations of adherence
to bilateral commitments applicable to such supply.
Sec. 202. // 202 USC 3242. // The Department of Energy, in
consultation with the Commission, shall establish and operate a
safeguards and physical security training program to be made available
to persons from nations and groups of nations which have developed or
acquired, or may be expected to develop or acquire, nuclear materials
and equipment for use for peaceful purposes. Any such program shall
include training in the most advanced safeguards and physical techniques
and technology, consistent with the national security interests of the
United States.
Sec. 203. // 22 USC 3243. // The United States shall seek to
negotiate with other nations and groups of nations to--,
(1) adopt general principles and procedures, including common
international sanctions, to be followed in the event that a nation
violates any material obligation with respect to the peaceful use
of nuclear materials and equipment or nuclear technology, or in
the event that any nation violates the principles of the Treaty,
including the detonation by a non-nuclear-weapon state of a
nuclear explosive device; and
(2) establish international procedures to be followed in the
event of diversion, theft, or sabotage of nuclear materials or
sabotage of nuclear facilities, and for recovering nuclear
materials that have been lost or stolen, or obtained or used by a
nation or by any person or group in contravention of the
principles of the Treaty.
Sec. 301. (a) Section 54 of the 1954 Act // 42 USC 2074. // is
amended by adding a new subsection d. thereof as follows:
"d. The authority to distribute special nuclear material under this
section other than under an export license granted by the Nuclear
Regulatory Commission shall extend only to the following small
quantities of special nuclear material (in no event more than five
hundred grams per year of the uranium isotope 233, the uranium isotope
235, or plutonium contained in special nuclear material to any
recipient):
"(1) which are contained in laboratory samples, medical
devices, or monitoring or other instruments; or
"(2) the distribution of which is needed to deal with an
emergency situation in which time is of the essence.".
(b) Section 64 of the 1954 Act // 42 USC 2094. // is amended by
inserting the following immediatedly after the second sentence thereof:
" The authority to distribute source material under this section other
than under an export license granted by the Nuclear Regulatory
Commission shall in no case extend to quantities of source material in
excess of three metric tons per year per recipient.".
(c) Chapter 10 of the 1954 Act is amended by adding a new section 111
as follows:
" Sec. 111. // 42 USC 2141. // a. The Nuclear Regulatory Commission
is authorized to license the distribution of special nuclear material,
source material, and byproduct material by the Department of Energy
pursuant to section 54, 64, and 82 of this Act, // 42 USC 2112. //
respectively, in accordance with the same procedures established by law
for the export licensing of such material by any person: Provided, That
nothing in this section shall require the licensing of the distribution
of byproduct material by the Department of Energy under section 82 of
this Act.
"b. The Department of Energy shall not distribute any special nuclear
material or source material under section 54 or 64 of this Act other
than under an export license issued by the Nuclear Regulatory Commission
until (1) the Department has obtained the concurrence of the Department
of State and has consulted with the Arms Control and Disarmament Agency,
the Nuclear Regulatory Commission, and the Department of Defense under
mutually agreed procedures which shall be established within not more
than ninety days after the date of enactment of this provision and (2)
the Department finds based on a reasonable judgment of the assurances
provided and the information available to the United States Government,
that the criteria in section 127 of this Act of their equivalent and any
applicable criteria in subsection 128 are met, and that the proposed
distribution would not be inimical to the common defense and security.".
Sec. 302. // 42 USC 2077. // Subsection 57 b. of the 1954 Act is
amended to read as follows:
"b. It shall be unlawful for any person to directly or indirectly
engage in the production of any special nuclear material outside of the
United States except (1) as specifically authorized under an agreement
for cooperation made pursuant to section 123, including a specific
authorization in a subsequent arrangement under section 131 of this Act,
or (2) upon authorization by the Secretary of Energy after a
determination that such activity will not be inimical to the interest of
the United States: Provided, That any such concurrence of the
Department of State and after consultation with the Arms Control and
Disarmament Agency, the Nuclear Regulatory Commission, the Department of
Commerce, and the Department of Defense. The Secretary of Energy shall,
within ninety days after the enactment of the Nuclear Non-Proliferation
Act of 1978, establish orderly and expeditious procedures, including
provision for necessary administrative actions and inter-agency
memoranda of understanding, which are mutually agreeable to the
Secretaries of State, Defense, and Commerce, the Director of the Arms
Control and Disarmament Agency, and the Nuclear Regulatory Commission
for the consideration of requests for authorization under this
subsection. Such procedures shall include, at a minimum, explicit
direction on the handling of such requests, express deadlines for the
solicitation and collection of the views of the consulted agencies (with
identified officials responsible for meeting such deadlines), an
interagency coordinating authority to monitor the processing of such
requests, predetermined procedures for the expeditious handling of
intra-agency and inter-agency disagreements and appeals to higher
authorities, frequent meetings of inter-agency administrative
coordinators to review the status of all pending requests, and similar
administrative mechanisms. To the extent practicable, an applicant
should be advised of all the information required of the applicant for
the entire process for every agency's needs at the beginning of the
process. Potentially controversial requests should be identified as
quickly as possible so that any required policy decisions or diplomatic
consultations can be initiated in a timely manner. An immediate effort
should be undertaken to establish quickly any necessary standards and
criteria, including the nature of any required assurances or evidentiary
showings, for the decision required under this subsection. The
processing of any request proposed and filed as of the date of enactment
of the Nuclear Non-Proliferation Act of 1978 shall not be delayed
pending the development and establishment of procedures to implement the
requirements of this subsection. Any trade secrets or proprietary
information submitted by any person seeking an authorization under this
subsection shall be afforded the maximum degree of protection allowable
by law: // 42 Usc 2014. // Provided further, That the export of
component parts as defined in subsection 11v.(2) or 11cc.(2) shall be
governed by sections 109 and 126 of this Act: Provided further, That
notwithstanding subsection 402(d) of the Department of Energy
Organization Act (Public Law 95 - 91), // 42 USC 7172. // the Secretary
of Energy and not the Federal Energy Regulatory Commission, shall have
sole jurisdiction within the Department of Energy over any matter
arising from any function of the Secretary of Energy in this section,
section 54 d., section 64, or section 111 b.". // 42 USC 2074, 2094. //
Sec. 303. (a) Chapter 11 of the 1954 Act, as amended by sections 304,
305, 306, 307, and 308, is further amended by adding at the end thereof
the following:
" Sec. 131. // 42 USC 2160. // Subsequent Arrangements.--,
"a. (1) Prior to entering into any proposed subsequent arrangement
under an agreement for cooperation (other than an agreement for
cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c. of
this Act), // 42 USC 2121, 2164. // the Secretary of Energy shall
obtain the concurrence of the Secretary of State and shall consult with
the Director, the Commission, and the Secretary of Defense: Provided,
That the Secretary of State shall have the leading role in any
negotiations of a policy nature pertaining to any proposed subsequent
arrangement regarding arrangements for the storage or disposition of
irradiated fuel elements or approvals for the transfer, for which prior
approval is required under an agreement for cooperation, by a recipient
of source or special nuclear material, production or utilization
facilities, or nuclear technology. Notice of any proposed subsequent
arrangement shall be published in the Federal Register, together with
the written determination of the Secretary of Energy that such
arrangement will not be inimical to the common defense and security, and
such proposed subsequent arrangement shall not take effect before
fifteen days after publication. Whenever the Director declares that he
intends to prepare a Nuclear Proliferation Assessment Statement pursuant
to paragraph (2) of this subsection, notice of the proposed subsequent
arrangement which is the subject of the Director's declaration shall not
be published until after the receipt by the Secretary of Energy of such
Statement or the expiration of the time authorized by subsection c. for
the preparation of such Statement, whichever occurs first.
"(2) If in the Director's view a proposed subsequent arrangement
might significantly contribute to proliferation, he may prepare an
unclassified Nuclear Proliferation Assessment Statement with regard to
such proposed subsequent arrangement regarding the adequacy of the
safeguards and other control mechanisms and the application of the
peaceful assurances of the relevant agreement to ensure that assistance
to be furnished pursuant to the subsequent arrangement will not be used
to further any military or nuclear explosive purpose. For the purposes
of this section, the term 'subsequent arrangements' means arrangements
entered into by any agency or department of the United States Government
with respect to cooperation with any nation or group of nations (but not
purely private or domestic arrangements) involving--,
"(A) contracts for the furnishing of nuclear materials and
equipment;
"(B) approvals for the transfer, for which prior approval is
required under an agreement for cooperation, by a recipient of any
source or special nuclear material, production or utilization
facility, or nuclear technology;
"(C) authorization for the distribution of nuclear materials
and equipment pursuant to this Act which is not subject to the
procedures set forth in section 111 b., section 126, or section
109 b.,;
"(D) arrangements for physical security;
"(E) arrangements for the storage or disposition of irradiated
fuel elements;
"(F) arrangements for the application of safeguards with
respect to nuclear materials and equipment; or
"(G) any other arrangement which the President finds to be
important from the standpoint of preventing proliferation.
"(3) The United States will give timely consideration to all requests
for prior approval, when required by this Act, for the reprocessing of
material proposed to be exported, previously exported and subject to the
applicable agreement for cooperation, or special nuclear material
produced through the use of such material or a production or utilization
facility transferred pursuant to such agreement for cooperation, or to
the altering of irradiated fuel elements containing such material, and
additionally, to the maximum extent feasible, will attempt to expedite
such consideration when the terms and conditions for such actions are
set forth in such agreement for cooperation or in some other
international agreement executed by the United States and subject to
congressional review procedures comparable to those set forth in section
123 of this Act.
"(4) All other statutory requirements under other sections of this
Act for the approval or conduct of any arrangement subject to this
subsection shall continue to apply and any other such requirements for
prior approval or conditions for entering such arrangements shall also
be satisfied before the arrangement takes effect pursuant to subsection
a.(1).
"b. With regard to any special nuclear material exported by the
United States or produced through the use of any nuclear materials and
equipment or sensitive nuclear technology exported by the United
States--,
"(1) the Secretary of Energy may not enter into any subsequent
arrangement for the retransfer of any such material to a third
country for reprocessing, for the reprocessing of any such
material, or for the subsequent retransfer of any plutonium in
quantities greater than 500 grams resulting from the reprocessing
of any such material, until he has provided the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate with a report
containing his reasons for entering into such arrangement and a
period of 15 days of continuous session (as defined in subsection
130 g. of this Act) has elapsed: Provided, however, That if in
the view of the President an emergency exists due to unforeseen
circumstances requiring immediate entry into a subsequent
arrangement, such period shall consist of fifteen calendar days;
"(2) the Secretary of Energy may not enter into any subsequent
arrangement for the reprocessing of any such material in a
facility which has not processed power reactor fuel assemblies or
been the subject of a subsequent arrangement therefor prior to the
date of enactment of the Nuclear Non-Proliferation Act of 1978 or
for subsequent retransfer to a non-nuclear-weapon state of any
plutonium in quantities greater than 500 grams resulting from such
reprocessing, unless in his judgment, and that of the Secretary of
State, such reprocessing or retransfer will not result in a
significant increase of the risk of proliferation beyond that
which exists at the time that approval is requested. Among all
the factors in making this judgment, foremost consideration will
be given to whether or not the reporcessing or retransfer will
take place under conditions that will ensure timely warning to the
United States of any diversion will in advance of the time at
which the non-nuclear-weapon state could transform the diverted
material into a nuclear explosive device; and
"(3) the Secretary of Energy shall attempt to ensure, in
entering into any subsequent arrangement for the reprocessing of
any such material in any facility that has processed power reactor
fuel assemblies or been the subject of a subsequent arrangement
therefor prior to the date of enactment of the Nuclear
Non-Proliferation Act of 1978, or for the subsequent retransfer to
any non-nuclear-weapon state of any plutonium in quantities
greater than 500 grams resulting from such reprocessing, that such
reprocessing or retransfer shall take place under conditions
comparable to those which in his view, and that of the Secretary
of State, satisfy the standards set forth in paragraph (2).
"c. The Secretary of Energy shall, within ninety days after the
enactment of this section, establish orderly and expeditious procedures,
including provision for necessary administrative actions and
inter-agency memoranda of understanding, which are mutually agreeable to
the Secretaries of State, Defense, and Commerce, the Director of the
Arms Control and Disarmament Agency, and the Nuclear Regulatory
Commission for the consideration of requests for subsequent arrangements
under this section. Such procedures shall include, at a minimum,
explicit direction on the handling of such requests, express deadlines
for the solicitation and collection of the views of the consulted
agencies (with identified officials responsible for meeting such
deadlines), an inter-agency coordinating authority to monitor the
processing of such requests, predetermined procedures for the
expeditious handling of intra-agency and inter-agency disagreements and
appeals to higher authorities, frequent meetings of inter-agency
administrative coordinators to review the status of all pending
requests, and similar administrative mechanisms. To the extent
practicable, an applicant should be advised of all the information
required of the applicant for the entire process for every agency's
needs at the beginning of the process. Potentially controversial
requests should be identified as quickly as possible so that any
required policy decisions or diplomatic consultations can be initiated
in a timely manner. An immediate effort should be undertaken to
establish quickly any necessary standards and criteria, including the
nature of any required assurance or evidentiary showings, for the
decisions required under this section. Further, such procedures shall
specify that if he intends to prepare a Nuclear Proliferation Assessment
Statement, the Director shall so declare in his response to the
Department of Energy. If the Director declares that he intends to
prepare such a Statement, he shall do so within sixty days of his
receipt of a copy of the proposed subsequent arrangement (during which
time the Secretary of Energy may not enter into the subsequent
arrangement), unless pursuant to the Director's request, the President
waives the sixty-day requirement and notifies the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate of such waiver and the
justification therefor. The processing of any subsequent arrangement
proposed and filed as of the date of enactment of this section shall not
be delayed pending the development and establishment of procedures to
implement the requirements of this section.
"d. Nothing in this section is intended to prohibit, permanently or
unconditionally, the reprocessing of spent fuel owned by a foreign
nation which fuel has been supplied by the United States, to preclude
the United States from full participation in the International Nuclear
Fuel Cycle Evaluation provided for in section 105 of the Nuclear
Non-Proliferation Act of 1978; to in any way limit the presentation or
consideration in that evaluation of any nuclear fuel cycle by the United
States or any other participation; nor to prejudice open and objective
consideration of the results of the evaluation.
"e. Notwithstanding subsection 402(d) of the Department of Energy
Organization Act (Public Law 95 - 91), // 42 USC 7172. // the Secretary
of Energy, and not the Federal Energy Regulatory Commission, shall have
sole jurisdiction within the Department of Energy over any matter
arising from any function of the Secretary of Energy in this section.
"f. (1) With regard to any subsequent arrangement under subsection
a.(2)(E) (for the storage or disposition of irradiated fuel elements),
where such arrangement involves a direct or indirect commitment of the
United States for the storage or other disposition, interim or
permanent, of any foreign spent nuclear fuel in the United States, the
Secretary of Energy may not enter into any such subsequent arrangement,
unless:
"(A)(i) Such commitment of the United States has been submitted
to the Congress for a period of sixty days of continuous session
(as defined in subsection 130 g. of this Act) and has been
referred to the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the
Senate, but any such commitment shall not become effective if
during such sixty-day period the Congress adopts a concurrent
resolution stating in substance that it does not favor the
commitment, any such commitment to be considered pursuant to the
procedures set forth in section 130 of this Act for the
consideration of Presidential submissions; or (ii) if the
President has submitted a detailed generic plan for such
disposition or storage in the United States to the Congress for a
period of sixty days of continuous session (as defined in
subsection 130 g. of this Act), which plan has been referred to
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate and has not been disapproved during such sixty-day period
by the adoption of a concurrent resolution stating in substance
that Congress does not favor the plan; and the commitment is
subject to the terms of an effective plan. Any such plan shall be
considered pursuant to the procedures set forth in section 130 of
this Act for the consideration of Presidential submissions;
"(B) The Secretary of Energy has complied with subsection a.;
and
"(C) The Secretary of Energy has complied, or in the
arrangement will comply with all other statutory requirements of
this Act, under sections 54 and 55 and any other applicable
sections, and any other requirements of law.
"(2) Subsection (1) shall not apply to the storage or other
disposition in the United States of limited quantities of foreign spent
nuclear fuel if the President determines that (A) a commitment under
section 54 or 55 of this Act of the United States for storage or other
disposition of such limited quantities in the United States is required
by an emergency situation, (B) it is in the national interest to take
such immediate action, and (C) he notifies the Committees on
International Relations and Science and Technology of the House of
Representatives and the Committees on Foreign Relations and Energy and
Natural Resources of the Senate of the determination and action, with a
detailed explanation and justification thereof, as soon as possible.
"(3) Any plan submitted by the President under subsection f.(1) shall
include a detailed discussion, with detailed information, and any
supporting documentation thereof, relating to policy objectives,
technical description, geographic information, cost data and
justifications, legal and regulatory considerations, environmental
impact information and any related international agreements,
arrangements or understandings.
"(4) For the purposes of this subsection, the term 'foreign spent
nuclear fuel' shall include any nuclear fuel irradiated in any nuclear
power reactor located outside of the United States and operated by any
foreign legal entity, government or nongovernment, regardless of the
legal ownership or other control of the fuel or the reactor and
regardless of the origin or licensing of the fuel or reactor, but not
including fuel irradiated in a research reactor.".
(b)(1) Section 54 of the 1954 Act is amended by adding new subsection
e. as follows,
"e. The authority in this section to commit United States funds for
any activities pursuant to any subsequent arrangement under section 131
a.(2)(E) shall be subject to the requirements of section 131.".
(2) Section 55 of the 1954 Act // 42 USC 2075. // is amended by
adding a proviso at the end of the section as follows, " Providing, That
the authority in this section to commit United States funds for any
activities pursuant to any subsequent arrangement under section 131
a.(2)(E) shall be subject to the requirements of section 131.".
Sec. 304.(a) Chapter 11 of the 1954 Act is amended by adding a new
section 126 as follows:
" Sec. 126. // 42 USC 2155. // Export Licensing Procedures.--,
"a. No license may be issued by the Nuclear Regulatory Commission
(the ' Commission') for the export of any production or utilization
facility, or any source material or special nuclear material, including
distributions of any material by the Department of Energy under section
54, 64, or 82, // 42 USC 2112. // for which a license is required or
requested, and no exemption from any requirement for such an export
license may be granted by the Commission, as the case may be, until--,
"(1) the Commission has been notified by the Secretary of State
that it is the judgment of the executive branch that the proposed
export or exemption will not be inimical to the common defense and
security, or that any export in the category to which the proposed
export belongs would not be inimical to the common defense and
security because it lacks significance for nuclear explosive
purposes. The Secretary of State shall, within ninety days after
the enactment of this section, establish orderly and expeditious
procedures, including provision for necessary administrative
actions and inter-agency memoranda of understanding, which are
mutually agreeable to the Secretaries of Energy, Defense, and
Commerce, the Director of the Arms Control and Disarmament Agency,
and the Nuclear Regulatory Commission for the preparation of the
executive branch judgment on export applications under this
section. Such procedures shall include, at a minimum, explicit
direction on the handling of such applications, express deadlines
for the solicitation and collection of the views of the consulted
agencies (with identified officials responsible for meeting such
deadlines), an inter-agency coordinating authority to monitor the
processing of such applications, predetermined procedures for the
expeditious handling of intra-agency and inter-agency
disagreements and appeals to higher authorities, frequent meetings
of inter-agency administrative coordinators to review the status
of all pending applications, and similar administrative
mechanisms. To the extent practicable, an applicant should be
advised of all the information required of the applicant for the
entire process for every agency's needs at the beginning of the
process. Potentially controversial applications should be
identified as quickly as possible so that any required policy
decisions or diplomatic consultations con be initiated in a timely
manner. An immediate effort should be undertaken to establish
quickly any necessary standards and criteria, including the nature
of any required assurances or evidentiary showings, for the
decisions required under this section. The processing of any
export application proposed and filed as of the date of enactment
of this section shall not be delayed pending the development and
establishment of procedures to implement the requirements of this
section. The executive branch judgment shall be completed in not
more than sixty days from receipt of the application or request,
unless the Secretary of State in his discretion specifically
authorizes additional time for consideration of the application or
request because it is in the national interest to allow such
additional time. The Secretary shall notify the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives of any such
authorization. In submitting any such judgment, the Secretary of
State shall specifically address the extent to which the export
criteria then in effect are met and the extent to which the
cooperating party has adhered to the provisions of the applicable
agreement for cooperation. In the event he considers it
warranted, the Secretary may also address the following additional
factors, among others:
"(A) whether issuing the license or granting the exemption will
materially advance the non-proliferation policy of the United
States by encouraging the recipient nation to adhere to the
Treaty, or to participate in the undertakings contemplated by
section 403 or 404(a) of the Nuclear Non-Proliferation Act of
1978;
"(B) whether failure to issue the license or grant the
exemption would otherwise be seriously prejudicial to the
non-proliferation objectives of the United States; and
"(C) whether the recipient nation or group of nations has
agreed that conditions substantially identical to the export
criteria set forth in section 127 of this Act will be applied by
another nuclear supplier nation or group of nations to the
proposed United States export, and whether in the Secretary's
judgment those conditions will be implemented in a manner
acceptable to the United States. The Secretary of State shall
provide appropriate data and recommendations, subject to requests
for additional data and recommendations, as required by the
Commission or the Secretary of Energy, as the case may be; and
"(2) the Commission finds, based on a reasonable judgment of
the assurances provided and other information available to the
Federal Government, including the Commission, that the criteria in
section 127 of this Act or their equivalent, and any other
applicable statutory requirements, are met: Provided, That
continued cooperation under an agreement for cooperation as
authorized in accordance with section 124 of this Act
// 42 USC 2154. //
shall not be prevented by failure to meet the provisions of
paragraph (4) or (5) of section 127 for a period of thirty days
after enactment of this section, and for a period of twenty-three
months thereafter if the Secretary of State notifies the
Commission that the nation or group of nations bound by the
relevant agreement has agreed to negotiations as called for in
section 404(a) of the Nuclear Non-Proliferation Act of 1978;
however, nothing in this subsection shall be deemed to relinquish
any rights which the United States may have under agreements for
cooperation in force on the date of enactment of this section:
Provided further, That if, upon the expiration of such twenty-four
month period, the President determines that failure to continue
cooperation with any group of nations which has been exempted
pursuant to the above proviso from the provisions of paragraph (4)
of (5) of section 127 of this Act, but which has not yet agreed to
comply with those provisions would be seriously prejudicial to the
achievement of United States non-proliferation objectives or
otherwise jeopardize the common defense and security, he may,
after notifying the Congress of his determination, extend by
Executive order the duration of the above proviso for a period of
twelve months, and may further extend the duration of such proviso
by one year increments annually thereafter if he again makes such
determination and so notifies the Congress. In the event that the
Committee on International Relations of the House of
Representatives or the Committee on Foreign Relations of the
Senate reports a joint resolution to take any action with respect
to any such extension, such joint resolution will be considered in
the House or Senate, as the case may be, under procedures
identical to those provided for the consideration of resolutions
pursuant to section 130 of this Act: And additionally provided,
That the Commission is authorized to (A) make a single finding
under this subsection for more than a single application or
request, where the applications or requests involve exports to the
same country, in the same general time frame, of similar
significance for nuclear explosive purposes and under reasonably
similar circumstances and (B) make a finding under this subsection
that there is no material changed circumstance associated with a
new application or request from those existing at the time of the
last application or request for an export to the same country,
where the prior application or request was approved by the
Commission using all applicable procedures of this section, and
such finding of no material changed circumstance shall be deemed
to satisfy the requirement of this paragraph for findings of the
Commission. The decision not to make any such finding in lieu of
the findings which would otherwise be required to be made under
this paragraph shall not be subject to judicial review: And
provided further, That nothing contained in this section is
intended to require the Commission independently to conduct or
prohibit the Commission from independently conducting country or
site specific visitations in the Commission's consideration of the
application of IAEA safeguards.
"b.(1) Timely consideration shall be given by the Commission to
requests for export licenses and exemptions and such requests shall be
granted upon a determination that all applicable statutory requirements
have been met.
"(2) If, after receiving the executive branch judgment that the
issuance of a proposed export license will not be inimical to the common
defense and security, the Commission does not issue the proposed license
on a timely basis because it is unable to make the statutory
determinations required under this Act, the Commisison shall publicly
issue its decision to that effect, and shall submit the license
application to the President. The Commission's decision shall include
an explanation of the basis for the decision and any dissenting or
separate views. If, after receiving the proposed license application and
reviewing the Commission's decision, the President determines that
withholding the proposed export would be seriously prejudicial to the
achievement of United States non-proliferation objectives, or would
otherwise jeopardize the common defense and security, the proposed
export may be authorized by Executive order: Provided, That prior to
any such export, the President shall submit the Executive order,
together with his explanation of why, in light of the Commission's
decision, the export should nonetheless be made, to the Congress for a
period of sixty days of continuous session (as defined in subsection 130
g.) and shall be referred to the Committee on International Relations of
the House of Representatives and the Committee on Foreign Relations of
the Senate, but any such proposed export shall not occur if during such
sixty-day period the Congress adopts a concurrent resolution stating in
substance that it does not favor the proposed export. Any such
Executive order shall be considered pursuant to the procedures set forth
in section 130 of this Act for the consideration of Presidential
submissions: And provided further, That the procedures established
pursuant to subsection (b) of section 304 of the Nuclear
Non-Proliferation Act of 1978 shall provide that the Commission shall
immediately initiate review of any application for a license under this
section and to the maximum extent feasible shall expeditiously process
the application concurrently with the executive branch review, while
awaiting the final executive branch judgment. In initiating its review,
the Commission may identify a set of concerns and requests for
information associated with the projected issuance of such license and
shall transmit such concerns and requests to the executive branch which
shall address such concerns and requests in its written communications
with the Commission. Such procedures shall also provide that if the
Commission has not completed action on the application within sixty days
after the receipt of an executive branch judgment that the proposed
export or exemption is not inimical to the common defense and security
or that any export in the category to which the proposed export belongs
would not be inimical to the common defense and security because it
lacks significance for nuclear explosive purposes, the Commission shall
inform the applicant in writing of the reason for delay and provide
follow-up reports as appropriate. If the Commission has not completed
action by the end of an additional sixty days (a total of one hundred
and twenty days from receipt of the executive branch judgment), the
President may authorize the proposed export by Executive order, upon a
finding that further delay would be excessive and upon making the
findings required for such Presidential authorizations under this
subsection, and subject to the Congressional review procedures set forth
herein. However, if the Commission has commenced procedures for public
participation regarding the proposed export under regulations
promulgated pursuant to subsection (b) of section 304 of the Nuclear
Non-Proliferation Act of 1978, or--within sixty days after receipt of
the executive branch judgment on the proposed export--the Commission has
identified and transmitted to the executive branch a set of additional
concerns or requests for information, the President may not authorize
the proposed export until sixty days after public proceedings are
completed or sixty days after a full executive branch response to the
Commission's additional concerns or requests has been made consistent
with subsection a.(1) of this section: Provided further, That nothing
in this section shall affect the right of the Commission to obtain data
and recommendations from the Secretary of State at any time as provided
in subsection a.(1) of this section.
"c. In the event that the House of Representatives or the Senate
passes a joint resolution which would adopt one or more additional
export criteria, or would modify any existing export criteria under this
Act, any such joint resolution shall be referred in the other House to
the Committee on Foreign Relations of the Senate or the Committee on
International Relations of the House of Representatives, as the case may
be, and shall be considered by the other House under applicable
procedures provided for the consideration of resolutions pursuant to
section 130 of this Act.".
(b) Within one hundred and twenty days of the date of enactment of
this Act, // 42 USC 2155a. // the Commission shall, after consultations
with the Secretary of State, promulgate regulations establishing
procedures (1) for the granting, suspending, revoking, or amending of
any nuclear export license or exemption pursuant to its statutory
authority; (2) for public participation in nuclear export licensing
proceedings when the Commission finds that such participation will be in
the public interest and will assist the Commission in making the
statutory determinations required by the 1954 Act, including such public
hearings and access to information as the Commission deems appropriate:
Provided, That judicial review as to any such finding shall be limited
to the determination of whether such finding was arbitrary and
capricious; (3) for a public written Commission opinion accompanied by
the dissenting or separate views of any Commissioner, in those
proceedings where one or more Commissioners have dissenting or separate
views on the issuance of an export license; and (4) for public notice
of Commission proceedings and decisions, and for recording of minutes
and votes of the Commission: Provided further, That until the
regulations required by this subsection have been promulgated, the
Commission shall implement the provisions of this Act under temporary
procedures established by the Commission.
(c) The procedures to be established pursuant to subsection (b) shall
constitute the exclusive basis for hearings in nuclear export licensing
proceedings before the Commission and, notwithstanding section 189 a. of
the 1954 Act, // 42 USC 2239. // shall not require the Commission to
grant any person an on-the-record hearing in such a proceeding.
(d) Within sixty days of the date of enactment of this Act, // 42 USC
2156a. // the Commission shall, in consultation with the Secretary of
State, the Secretary of Energy, the Secretary of Defense, and the
Director, promulgate (and may from time to time amend) regulations
establishing the levels of physical security which in its judgment are
no less strict than those established by any international guidelines to
which the United States subscribes and which in its judgment will
provide adequate protection for facilities and material referred to in
paragraph (3) of section 127 of the 1954 Act taking into consideration
variations in risks to security as appropriate.
Sec. 305. Chapter 11 of the 1954 Act, as amended by section 304, is
further amended by adding at the end thereof the following:
" Sec. 127. // 42 USC 2156. // Criteria Governing United States
Nuclear Exports.--,
" The United Stated adopts the following criteria which, in addition
to other requirements of law, will govern exports for peaceful nuclear
uses from the United States of source material, special nuclear
material, production or utilization facilities, and any sensitive
nuclear technology:
"(1) IAEA safeguards as required by Article III (2) of the
Treaty will be applied with respect to any such material or
facilities proposed to be exported, to any such material or
facilities previously exported and subject to the applicable
agreement for cooperation, and to any special nuclear material
used in or produced through the use thereof.
"(2) No such material, facilities, or sensitive nuclear
technology proposed to be exported or previously exported and
subject to the applicable agreement for cooperation, and no
special nuclear material produced through the use of such
materials, facilities, or sensitive nuclear technology, will be
used for any nuclear explosive device or for research on or
development of any nuclear explosive device.
"(3) Adequate physical security measures will be maintained
with respect to such material or facilities proposed to be
exported and to any special nuclear material used in or produced
through the use thereof. Following the effective date of any
regulations promulgated by the Commission pursuant to section
304(d) of the Nuclear Non-Proliferation Act of 1978, physical
security measures shall be deemed adequate if such measures
provide a level of protection equivalent to that required by the
applicable regulations.
"(4) No such materials, facilities, or sensitive nuclear
technology proposed to be exported, and no special nuclear
material produced through the use of such material, will be
retransferred to the jurisdiction of any other nation or group of
nations unless the prior approval of the United States is obtained
for such retransfer. In addition to other requirements of law,
the United States may approve such retransfer only if the nation
or group of nations designated to receive such retransfer agrees
that it shall be subject to the conditions required by this
section.
"(5) No such material proposed to be exported and no special
nuclear material produced through the use of such material will be
reprocessed, and no irradiated fuel elements containing such
material removed from a reactor shall be altered in form or
content, unless the prior approval of the United States is
obtained for such reprocessing or alteration.
"(6) No such sensitive nuclear technology shall be exported
unless the foregoing conditions shall be applied to any nuclear
material or equipment which is produced or constructed under the
jurisdiction of the recipient nation or group of nations by or
through the use of any such exported sensitive nuclear
technology.".
Sec. 306. Chapter 11 of the 1954 Act, as amended by sections 304 and
305, is further amended by adding at the end thereof the following:
" Sec. 128. // 42 USC 2157. // Additional Export Criterion and
Procedures.--,
"a.(1) As a condition of continued United States export of source
material, special nuclear material, production or utilization
facilities, and any sensitive nuclear technology to non-nuclear-weapon
states, no such export shall be made unless IAEA safeguards are
maintained with respect to all peaceful nuclear activities in, under the
jurisdiction of, or carried out under the control of such state at the
time of the export.
"(2) The president shall seek to achieve adherence to the foregoing
criterion by recipient non-nuclear-weapon states.
"b. The criterion set forth in subsection a. shall be applied as an
export criterion with respect to any application for the export of
materials, facilities, or technology specified in subsection a. which is
filed after eighteen months from the date of enactment of this section,
or for any such application under which the first export would occur at
least twenty-four months after the date of enactment of this section,
except as provided in the following paragraphs:
"(1) If the Commission or the Department of Energy, as the case
may be, is notified that the President has determined that failure
to approve an export to which this subsection applies because such
criterion has not yet been met would be seriously prejudicial to
the achievement of United States non-proliferation objectives or
otherwise jeopardize the common defense and security, the license
or authorization may be issued subject to other applicable
requirements of law: Provided, That no such export of any
production or utilization facility or of any source or special
nuclear material (intended for use as fuel in any production or
utilization facility) which has been licensed or authorized
pursuant to this subsection shall be made to any
non-nuclear-weapon state which has failed to meet such criterion
until the first such license or authorization with respect to such
state is submitted to the Congress (together with a detailed
assessment of the reasons underlying the President's
determination, the judgment of the executive branch required under
section 126 of this Act, and any Commission opinion and views) for
a period of sixty days of continuous session (as defined in
subsection 130 g. of this Act) and referred to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate, but such export
shall not occur if during such sixty-day period the Congress
adopts a concurrent resolution stating in substance that the
Congress does not favor the proposed export. Any such license or
authorization shall be considered pursuant to the procedures set
forth in section 130 of this Act for the consideration of
Presidential submissions.
"(2) If the Congress adopts a resolution of disapproval
pursuant to paragraph (1), no further export of materials,
facilities, or technology specified in subsection a. shall be
permitted for the remainder of that Congress, unless such state
meets the criterion or the President notifies the Congress that he
has determined that significant progress has been made in
achieving adherence to such criterion by such state or that United
States foreign policy interests dictate reconsideration and the
Congress, pursuant to the procedure of paragraph (1), does not
adopt a concurrent resolution stating in substance that it
disagrees with the President's determination.
"(3) If the Congress does not adopt a resolution of disapproval
with respect to a license or authorization submitted pursuant to
paragraph (1), the criterion set forth in subsection a. shall not
be applied as an export criterion with respect to exports of
materials, facilities and technology specified in subsection a. to
that state: Provided, That the first license or authorization
with respect to that state which is issured pursuant to this
paragraph after twelve months from the elapse of the sixty-day
period specified in paragraph (1), and the first such license or
authorization which is issued after each twelve-month period
thereafter, shall be submitted to the Congress for review pursuant
to the procedures specified in paragraph (1): Provided further,
That if the Congress adopts a resolution of disapproval during any
review period provided for by this paragraph, the provision of
paragraph (2) shall apply with respect to further exports to such
state.".
Sec. 307. // 42 USC 2158. // Chapter 11 of the 1954 Act, as amended
by sections 304, 305, and 306, is further amended by adding at the end
thereof:
" Sec. 129. Conduct Resulting in Termination of Nuclear Exports.--,
" No nuclear materials and equipment or sensitive nuclear technology
shall be exported to--,
"(1) any non-nuclear-weapon state that is found by the
President to have, at any time after the effective date of this
section,
"(A) detonated a nuclear explosive device; or
"(B) terminated or abrogated IAEA safeguards; or "(C)
materially violated an IAEA safeguards agreement; or
"(D) engaged in activities involving source or special nuclear
material and having direct significance for the manufacture or
acquisition of nuclear explosive devices, and has failed to take
steps which, in the President's judgment, represent sufficient
progress toward terminating such activities; or
"(2) any nation or group of nations that is found by the
President to have, at any time after the effective date of this
section,
"(A) materially violated an agreement for cooperation with the
United States, or, with respect to material or equipment was
supplied under an agreement for cooperation, materially violated
the terms under which such material or equipment was supplied or
the terms of any commitments obtained with respect thereto
pursuant to section 402(a) of the Nuclear Non-Proliferation Act of
1978; or
"(B) assisted, encouraged, or induced any non-nuclear-weapon
state to engage in activities involving source or special nuclear
material and having direct significance for the manufacture or
acquisition of nuclear explosive devices, and has failed to take
steps which, in the President's judgment, represent sufficient
progress toward terminating such assistance, encouragement, or
inducement; or
"(C) entered into an agreement after the date of enactment of
this section for the transfer of reprocessing equipment,
materials, or technology to the sovereign control of a
non-nuclear-weapon state except in connection with an
international fuel cycle evaluation in which the United States is
a participant or pursuant to a subsequent international agreement
or understanding to which the United States subscribes;
unless the President determines that cessation of such exports would be
seriously prejudicial to the achievement of United States
non-proliferation objectives or otherwise jeopardize the common defense
and security: Provided, That prior to the effective date of any such
determination, the President's determination, together with a report
containing the reasons for his determination, shall be submitted to the
Congress and referred to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of the
Senate for a period of sixty days of continuous session (as defined in
subsection 130 g. of this Act), but any such determination shall not
become effective if during such sixty-day period the Congress adopts a
concurrent resolution stating in substance that it does not favor the
determination. Any such determination shall be considered pursuant to
the procedures set forth in section 130 of this Act for the
consideration of Presidential submissions.".
Sec. 308. Chapter 11 of the 1954 Act, as amended by sections 304,
305, 306, and 307, is further amended by adding at the end thereof the
following:
" Sec. 130. // 42 USC 2159. // Congressional Review Procedures.--,
"a. Not later than forty-five days of continuous session of Congress
after the date of transmittal to the Congress of any submission of the
President required by subsection 123 d., 126 a. (2), 128 b., 129, 131
a.(3), or 131 f.(1)(A) of this Act, the Committee on Foreign Relations
of the Senate and the Committee on International Relations of the House
of Representatives, and in addition, in the case of a proposed agreement
for cooperation arranged pursuant to subsection 91 c., 144 b., or 144
c., // 42 USC 2121, 2164. // the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of the
Senate, shall each submit a report to its respective House on its views
and recommendations respecting such Presidentail submission together
with a resolution, as defined in subsection f., stating in substance
that the Congress approves or disapproves such submission, as the case
may be: Provided, That if any such committee has not reported such a
resolution at the end of such forty-five day period, such committee
shall be deemed to be discharged from further consideration of such
submission and if, in the case of a proposed agreement for cooperation
arranged pursuant to subsection 91 c., 144 b., or 144 c. of this Act,
the other relevant committee of that House has reported such a
resolution, such committee shall be deemed discharged from further
consideration of that resolution. If no such resolution has been
reported at the end of such period, the first resolution, as defined in
subsection f., which is introduced within five days thereafter within
such House shall be placed on the appropriate calendar of such House.
"b. When the relevant committee or committees have reported such a
resolution (or have been discharged from further consideration of such a
resolution pursuant to subsection a.) or when a resolution has been
introduced and placed on the appropriate calendar pursuant to subsection
a., as the case may be, it is at any time thereafter in order (even
though a previous motion to the same effect has been disagreed to) for
any Member of the respective House to move to proceed to the
consideration of the resolution. The motion is highly privileged and is
not debatable. The motion shall not be subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the resolution is agreed to, the resolution
shall remain the unfinished business of the respective House until
disposed of.
"c. Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than ten
hours, which shall be divided equally between individuals favoring and
individuals opposing the resolution. A motion further to limit debate
is in order and not debatable. An amendment to a motion to postpone, or
a motion to recommit the resolution, or a motion to proceed to the
consideration of other business is not in order. A motion to reconsider
the vote by which the resolution is agreed to or disagreed to shall not
be in order. No amendment to any concurrent resolution pursuant to the
procedures of this section is in order except as provided in subsection
d.
"d. Immediately following (1) the conclusion of the debate on such
concurrent resolution, (2) a single quorum call at the conclusion of
debate if requested in accordance with the rules of the appropriate
House, and (3) the consideration of an amendment introduced by the
Majority Leader or his designee to insert the phrase, 'does not' in lieu
of the word 'does' if the resolution under consideration is a concurrent
resolution of approval, the vote on final approval of the resolution
shall occur.
"e. Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to such a resolution shall
be decided without debate.
"f. For the purposes of subsections a. through e. of this section,
the term 'resolution' means a concurrent resolution of the Congress, the
matter after the resolving clause of which is as follows: ' That the
Congress (does or does not) favor the transmitted to the Congress by the
President on , .', the blank spaces therein to be appropriately filled,
and the affirmative or negative phrase within the parenthetical to be
appropriately selected.
"g. For the purposes of this section--,
"(1) continuity of session is broken only by an adjournment of
Congress sine die; and
"(2) the days on which either House is not in session because
of an adjournment of more than three days to a day certain are
excluded in the computation of anyperiod of time in which Congress
in continuous session.
"h. This section is enacted by Congress--,
"(1) as an exercise of the rulemaking power of the Senate and
the House of Representatives, respectively, and as such they are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of resolutions described by subsection f.
of this section; and they supersede other rules only to the
extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.".
Sec. 309. (a) Section 109 of the 1954 Act // 42 USC 2139. // is
amended to read as follows:
" Sec. 109. Component and Other Parts of Facilities.--,
"a. With respect to those utilization and production facilities which
are so determined by the Commission pursuant to subsection 11 v. (2) or
11 cc. (2) the Commission may issue general licenses for domestic
activities required to be licensed under section 101, // 42 USC 2139.
// if the Commission determines in writing that such general licensing
will not constitute an ureasonable risk to the common defense and
security.
"b. After consulting with the Secretaries of State, Energy, and
Commerce and the Director, the Commission is authorized and directed to
determine which component parts as defined in subsection 11 v. (2) or 11
cc. (2) and which other items or substances are especially relevant from
the standpoint of export control because of their significance for
nuclear explosive purposes. Except as provided in section 126 b. (2),
no such component, substance, or item which is so determined by the
Commission shall be exported unless the Commission issues a general or
specific license for its export after finding, based on a reasonable
judgment of the assurances provided and other information available to
the Federal Government, including the Commission, that the following
criteria or their equivalent are met: (1) IAEA safeguards as required
by Article III (2) of the Treaty will be applied with respect to such
component, substance, or item; (2) no such component, substance, or
item will be used for any nuclear explosive device or for research on or
development of any nuclear explosive device; and (3) no such component,
substance, or item will be retransferred to the jurisdiction of any
other nation or group of nations unless the prior consent of the United
States is obtained for such retransfer; and after determining in
writing that the issuance of each such general or specific license or
category of licenses will not be inimical to the common defense and
security: Provided, That a specific license shall not be required for
an export pursuant to this section if the component, item or substance
is covered by a facility license issued pursuant to section 126 of this
Act.
"c. The Commission shall not issue an export license under the
authority of subsection b. if it is advised by the executive branch, in
accordance with the procedures established under subsection 126 a., that
the export would be inimical to the common defense and security of the
United States.".
(b) The Commission, not later than one hundred and twenty days after
the date of the enactment of this Act, // 42 USC 2139a. // shall
publish regulations to implement the provisions of subsections b. and c.
of section 109 of the 1954 Act. Among other things, these regulations
shall provide for the prior consultation by the Commission with the
Department of State, the Department of Energy, the Department of
Defense, the Department of Commerce, and the Arms Control and
Disarmament Agency.
(c) The President, within not more than one hundred and twenty days
after the date of enactment of this Act, // 42 USC 2139a. // shall
publish procedures regarding the control by the Department of Commerce
over all export items, other than those licensed by the Commission,
which could be, if used for purposes other than those for which the
export is intended, of significance for nuclear explosive purposes.
Among other things, these procedures shall provide for prior
consultations, as required, by the Department of Commerce with the
Department of State, the Arms Control And Disarmament Agency, the
Commission, the Department of Energy, and the Department of Defense.
(d) The amendments to section 109 of the 1954 Act // 42 USC 2139
note. // made by this section shall not affect the approval of exports
contracted for prior to November 1, 1977, which are made within one year
of the date of enactment of such amendments.
Sec. 401. Section 123 of the 1954 Act // 42 USC 2153. // is amended
to read as follows:
" Sec. 123. Cooperation With Other Nations.--,
" No cooperation with any nation, group of nations or regional
defense organization pursuant to section 53, 54a., 57, 64, 82, 91, 103,
104, or 144 // 42 USC 2073, 2074, 2077, 2094, 2112, 2121, 2133, 2134,
2164. // shall be undertaken until--,
"a. the proposed agreement for cooperation has been submitted
to the President, which proposed agreement shall include the
terms, conditions, duration, nature, and scope of the cooperation;
and shall include the following requirements:
"(1) a guaranty by the cooperating party that safeguards as set
forth in the agreement for cooperation will be maintained with
respect to all nuclear materials and equipment transferred
pursuant thereto, and with respect to all special nuclear material
used in or produced through the use of such nuclear materials and
equipment, so long as the material or equipment remains under the
jurisdiction or control of the cooperating party, irrespective of
the duration of other provisions in the agreement or whether the
agreement is terminated or suspended for any reason;
"(2) in the case of non-nuclear-weapon states, a requirement,
as a condition of continued United States nuclear supply under the
agreement for cooperation, that IAEA safeguards be maintained with
respect to all nuclear materials in all peaceful nuclear
activities within the territory of such state, under its
jurisdiction, or carried out under its control anywhere;
"(3) except in the case of those agreements for cooperation
arranged pursuant to subsection 91 c., a guaranty by the
cooperating party that no nuclear materials and equipment or
sensitive nuclear technology to be transferred pursuant to such
agreement, and no special nuclear material produced through the
use of any nuclear materials and equipment or sensitive nuclear
technology transferred pursuant to such agreement, will be used
for any nuclear expolsive device, or for research on or
development of any nuclear explosive device, or for any other
military purpose;
"(4) except in the case of those agreements for cooperation
arranged pursuant to subsection 91 c. and agreements for
cooperation with nuclear-weapon states, a stipulation that the
United States shall have the right to require the return of any
nuclear materials and equipment transferred pursuant thereto and
any special nuclear material produced through the use thereof if
the cooperating party detonates a nuclear explosive device or
terminates or abrogates an agreement providing for IAEA
safeguards;
"(5) a guaranty by the cooperating party that any material or
any Restricted Date transferred pursuant to the agreement for
cooperation and, except in the case of agreements arranged
pursuant to subsection 91 c., 144 b. or 144 c.,
// 42 USC 2121, 2164. //
any production or utilization facility transferred pursuant to the
agreement for cooperation or any special nuclear material produced
through the use of any such facility or through the use of any
material transferred pursuant to the agreement, will not be
transferred to unauthorized persons or beyond the jurisdiction or
control of the cooperating party without the consent of the United
States;
"(6) a guaranty by the cooperating party that adequate physical
security will be maintained with respect to any nuclear material
transferred pursuant to such agreement and with respect to any
special nuclear material used on or produced through the use of
any material, production facility, or utilization facility
transferred pursuant to such agreement;
"(7) except in the case of agreements for cooperation arranged
pursuant to subsection 91 c., 144 b., or 144 c., a guaranty by the
cooperating party that no material transferred pursuant to the
agreement for cooperation and no material used in or produced
through the use of any material, production facility, or
utilization facility transferred pursuant to the agreement for
cooperation will be reprocessed, enriched or (in the case of
plutonium, uranium 233, or uranium enriched to greater than twenty
percent in the isotope 235, of other nuclear materials which have
been irradiated) otherwise altered in form or consent without the
prior approval of the United States;
"(8) except in the case of agreements for cooperation arranged
pursuant to subsection 91 c., 144 b., or 144 c., a guaranty by the
cooperating party that no plutonium, no uranium 233, and no
uranium enriched to greater than twenty percent in the isotope
235, transferred pursuant to the agreement for cooperation, or
recovered from any source or special nuclear material so
transferred or from any source or special nuclear material used in
any production facility or utilization facility transferred
pursuant to the agreement for cooperation, will be stored in any
facility that has not been approved in advance by the United
States; and
"(9) except in the case of agreements for cooperation arranged
pursuant to subsection 91 c., 144 b. or 144 c., a guaranty by the
cooperating party that any special nuclear material, production
facility, or utilization facility produced or constructed under
the jurisdiction of the cooperating party by or through the use of
any sensitive nuclear technology transferred pursuant to such
agreement for cooperation will be subject to all the requirements
specified in this subsection. The President may exempt a proposed
agreement for cooperation (except an agreement arranged pursuant
to subsection 91 c., 144 b., or 144 c.) from any of the
requirements of the foregoing sentence if he determines that
inclusion of any such requirement would be seriously prejudicial
to the achievement of United States non-proliferation objectives
or otherwise jeopardize the common defense and security. Except
in the case of those agreements for cooperation arranged pursuant
to subsection 91 c., 144 b., or 144 c.,
// 42 USC 2121, 2164. //
any proposed agreement for cooperation shall be negotiated by the
Secretary of State, with the technical assistance and concurrence
of the Secretary of Energy and in consultation with the Director
of the Arms Control and Disarmament Agency ('the Director'); and
after consultation with the Commission shall be submitted to the
President jointly by the Secretary of State and the Secretary of
Energy accompanied by the views and recommendations of the
Secretary of State, the Secretary of Energy, the Nuclear
Regulatory Commission, and the Director, who shall also provide to
the President an unclassified Nuclear Proliferation Assessment
Statement regarding the adequacy of the safeguards and other
control mechanisms and the peaceful use assurances contained in
the agreement for cooperation to ensure that any assistance
furnished thereunder will not be used to further any military or
nuclear explosive purpose. In the case of those agreements for
cooperation arranged pursuant to subsection 91 c., 144 b., or 144
c., any proposed agreement for cooperation shall be submitted to
the President by the Secretary of Energy or, in the case of those
agreements for cooperation arranged pursuant to subsection 91 c.
or 144 b. which are to be implemented by the Department of
Defense, by the Secretary of Defense;
"b. the President has approved and authorized the execution of
the proposed agreement for cooperation and has made a
determination in writing that the performance of the proposed
agreement will promote, and will not constitute an unreasonable
risk to, the common defense and security;
"c. the proposed agreement for cooperation (if not an agreement
subject to subsection d.), together with the approval and
determination of the President, has been submitted to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate for a period of thirty days of continuous session (as
defined in subsection 130 g.): Provided, however, That these
committees, after having received such agreement for cooperation,
may by resolution in writing waive the conditions of all or any
portion of such thirty-day period; and
"d. The proposed agreement for cooperation (if arranged
pursuant to subsection 91 c., 144 b., or 144 c., or if entailing
implementation of section 53, 54 a., 103, or 104
// 42 USC 2073, 2074, 2133, 2134. //
in relation to a reactor that may be capable of productin more
than five thermal megawatts or special nuclear material for use in
connection therewith) has been submitted to the Congress, together
with the approval and determination of the President, for a period
of sixty days of continuous session (as defined in subsection 130
g. of this Act) and referred to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate, and in addition, in the case of a
proposed agreement for cooperation arranged pursuant to subsection
91 c., 144 b., or 144 c., the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of
the Senate, but such proposed agreement for cooperation shall not
become effective if during such sixty-day period the Congress
adopts a concurrent resolution stating in substance that the
Congress does not favor the proposed agreement for cooperation:
Provided, That the sixty-day period shall not begin until a
Nuclear Proliferation Assessment Statement prepared by the
Director of the Arms Control and Disarmament Agency, when required
by subsection 123 a., has been submitted to the Congress. Any
such proposed agreement for cooperation shall be considered
pursuant to the procedures set forth in section 130 of this Act
for the consideration of Presidentail submissions.
" Following submission of a proposed agreement for cooperation
(except an agreement for cooperation arranged pursuant to subsection 91
c., 144 b., or 144 c.) // 42 USC 2121, 2164. // to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate, the Nuclear Regulatory
Commission, the Department of State, the Department of Energy, the Arms
Control and Disarmament Agency, and the Department of Defense shall,
upon the request of either of those committees, promptly furnish to
those committees their views as to whether the safeguards and other
controls contained therein provide an adequate framework to ensure that
any exports as contemplated by such agreement will not be inimical to or
constitute an unreasonable risk to the common defense and security.
" If, after the date of enactment of the Nuclear Non-Proliferation
Act of 1978, the Congress fails to disapprove a proposed agreement for
cooperation which exempts the recipient nation from the requirement set
forth in subsection 123 a. (2), such failure to act shall constitute a
failure to adopt a resolution of disapproval pursuant to subsection 128
b. (3) for purposes of the Commission's consideration of applications
and requests under section 126 a. (2) and there shall be no
congressional review pursuant to section 12, of any subsequent license
or authorization with respect to that state until the first such license
or authorization which is issued after twelve months from the elapse of
the sixty-day period in which the agreement for cooperation in question
is reviewed by the Congress.".
Sec. 402. // 42 USC 2153a. // (a) Except as specifically provided in
any agreement for cooperation, no source or special nuclear material
hereafter exported from the United States may be enriched after export
without the prior approval of the United States for such enrichment:
Provided, That the procedures governing such approvals shall be
identical to those set forth for the approval of proposed subsequent
arrangements under section 131 of the 1954 Act, and any commitments from
the recipient which the Secretary of Energy and the Secretary of State
deem necessary to ensure that such approval will be obtained prior to
such enrichment shall be obtained prior to the submission of the
executive branch judgment regarding the export in question and shall be
set forth in such submission: And provided further, That no source or
special nuclear material shall be exported for the purpose of enrichment
or reactor fueling to any nation or group of nations which has, after
the date of enactment of this Act, entered into a new or amended
agreement for cooperation with the United States, except pursuant to
such agreement.
(b) In addition to other requirements of law, no major critical
component of any uranium enrichment, nuclear fuel reprocessing, or heavy
water production facility shall be exported under any agreement for
cooperation (except an agreement for cooperation pursuant to subsection
91 c., 144 b., or 144 c. of the 1954 Act) // 42 USC 2121, 2164. //
unless such agreement for cooperation specifically designates such
components as items to be exported pursuant to the agreement for
cooperation. For purposes of this subsection, the term "major critical
component" means any component part or group of component parts which
the President determines to be essential to the operation of a complete
uranium enrichment, nuclear fuel reprocessing, or heavy water production
facility.
Sec. 403. // 42 USC 2153b. // The President shall take immediate and
vigorous steps to seek agreement from all nations and groups of nations
to commit themselves to adhere to the following export policies with
respect to their peaceful nuclear activities and their participation in
international nuclear trade:
(a) No nuclear materials and equipment and no sensitive nuclear
technology within the territory of any nation or group of nations,
under its jurisdiction, or under its control anywhere will be
transferred to the jurisdiction of any other nation or group of
nations unless the nation or group of nations receiving such
transfer commits itself to strict undertakings including, but not
limited to, provisions sufficient to ensure that--,
(1) no nuclear materials and equipment and no nuclear
technology in, under the jurisdiction of, or under the control of
any non-nuclear-weapon state, shall be used for nuclear explosive
devices for any purpose or for research on or development of
nuclear explosive devices for any purpose, except as permitted by
Article V, the Treaty;
(2) IAEA safeguards will be applied to all peaceful nuclear
activities in, under the jurisdiction of, or under the control of
any non-nuclear-weapon state;
(3) adequate physical security measures will be established and
maintained by any nation or group of nations on all of its nuclear
activities;
(4) no nuclear materials and equipment and no nuclear
technology intended for peaceful purposes in, under the
jurisdiction of, or under the control of any nation or group of
nations shall be transferred to the jurisdiction of any other
nation or group of nations which does not agree to stringent
undertakings meeting the objectives of this section; and
(5) no nation or group of nations will assist, encourage, or
induce any non-nuclear-weapon state to manufacture or otherwise
acquire any nuclear explosive device.
(b)(1) No source or special nuclear material within the
territory of any nation or group of nations, under its
jurisdiction, or under its control anywhere will be enriched (as
described in paragraph aa. (2) of section 11 of the 1954 Act)
// 42 USC 2014. //
or reprocessed, no irradiated fuel elements containing such
material which are to be removed from a reactor will be altered in
form or content, and no fabrication or stockpiling involving
plutonium, uranium 233, or uranium enriched to greater than 20
percent in the isotope 235 shall be performed except in a facility
under effective international auspices and inspection, and any
such irradiated fuel elements shall be transferred to such a
facility as soon as practicable after removal from a reactor
consistent with safety requirements. Such facilities shall be
limited in number to the greatest extent feasible and shall be
carefully sited and managed so as to minimize the proliferation
and environmental risks associated with such facilities. In
addition, there shall be conditions to limit the access of
non-nuclear-weapon states other than the host country to sensitive
nuclear technology associated with such facilities.
(2) Any facilities within the territory of any nation or group
of nations, under its jurisdiction, or under its control anywhere
for the necessary short-term storage of fuel elements containing
plutonium uranium 233, or uranium enriched to greater than 20
percent in the isotope 235 prior to placement in a reactor or of
irradiated fuel elements prior to transfer as required in
subparagraph (1) shall be placed under effective international
auspices and inspection.
(c) Adequate physical security measures will be established and
maintained with respect to all nuclear activities within the
territory of each nation and group of nations, under its
jurisdiction, or under its control anywhere, and with respect to
any international shipment of significant quantities of source or
special nuclear material or irradiated source or special nuclear
material, which shall also be conducted under international
safeguards.
(d) Nothing in this section shall be interpreted to require
international control or supervision of any United States military
activities.
Sec. 404. // 42 USC 2153c. // (a) The President shall initiate a
program immediately to renegotiate agreements for cooperation in effect
on the date of enactment of this Act, or otherwise to obtain the
agreement of parties to such agreements for cooperation to the
undertakings that would be required for new agreements under the 1954
Act. To the extent that an agreement for cooperation in effect on the
date of enactment of this Act with a cooperating party contains
provisions equivalent to any or all of the criteria set forth in section
127 of the 1954 Act with respect to materials and equipment transferred
pursuant thereto or with respect to any special nuclear material used in
or produced through the use of any such material or equipment, any
renegotiated agreement with that cooperating party shall continue to
contain an equivalent provision with respect to such transferred
materials and equipment and such special nuclear material. To the
extent that an agreement for cooperation in effect on the date of
enactment of this Act with a cooperating party does not contain
provisions with respect to any nuclear materials and equipment which
have previously been transferred under an agreement for cooperation with
the United States and which are under the jurisdiction or control of the
cooperating party and with respect to any special nuclear material which
is used in or produced through the use thereof and which is under the
jurisdiction or control of the cooperating party, which are equivalent
to any or all of those required for new and amended agreements for
cooperation under section 12o a. of the 1954 Act, the President shall
vigorously seek to obtain the application of such provisions with
respect to such nuclear materials and equipment and such special nuclear
material. Nothing in this Act or in the 1954 Act shall be deemed to
relinquish any rights which the United States may have under any
agreement for cooperation in force on the date of enactment of this Act.
(b) The President shall annually review each of requirements (1)
through (9) set forth for inclusion in agreements for cooperation under
section 123 a. of the 1954 Act and the export policy goals set forth in
section 401 to determine whether it is in the interest of United States
non-proliferation objectives for any such requirements or export
policies which are not already being applied as export criteria to be
enacted as additional export criteria.
(c) If the President proposes enactment of any such requirements or
export policies as additional export criteria or to take any other
action with respect to such requirements or export policy goals for the
purpose of encouraging adherence by nations and groups of nations to
such requirements and policies, he shall submit such a proposal together
with an explanation thereof to the Congress.
(d) If the Committee of Foreign Relations of the Senate or the
Committee on International Relations of the House of Representatives,
after reviewing the President's annual report or any proposed
legislation, determines that it is in the interest of United States
non-proliferation objectives to take any action with respect to such
requirements or export policy goals, it shall report a joint resolution
to implement such determination. Any joint resolution so reported shall
be considered in the Senate and the House of Representatives,
respectively, under applicable procedures provided for the consideration
of resolutions pursuant to subsection 130 b. through g. of the 1954
Act.
Sec. 405. // 42 USC 2153d. // (a) The amendments to section 123 of
the 1954 Act made by this Act shall not affect the authority to continue
cooperation pursuant to agreements for cooperation entered into prior to
the date of enactment of this Act.
(b) Nothing in this Act shall affect the authority to include dispute
settlement provision, including arbitration, in any agreement made
pursuant to an Agreement for Cooperation.
Sec. 406. // 42 USC 2160a. // No court or regulatory body shall have
any jurisdiction under any law to compel the performance of or to review
the adequacy of the performance of any Nuclear Proliferation Assessment
Statement called for in this Act or in the 1954 Act.
Sec. 407. // 42 USC 2153e. // The President shall endeavor to
provide in any agreement entered into pursuant to section 123 of the
1954 Act for cooperation between the parties in protecting the
international environment from radioactive, chemical or thermal
contamination arising from peaceful nuclear activities.
Sec. 501. // 22 USC 3261. // The United States shall endeavor to
cooperate with other nations, international institutions, and private
organizations in establishing programs to assist in the development of
non-nuclear energy resources, to cooperate with both developing and
industrialized nations in protecting the international environment from
contamination arising from both nuclear and non-nuclear energy
activities, and shall seek to cooperate with and aid developing
countries in meeting their energy needs through the development of such
resources and the application of non-nuclear technologies consistent
with the economic factors, the material resources of those countries,
and environmental protection. The United States shall additionally seek
to encourage other industrialized nations and groups of nations to make
commitments for similar cooperation and aid to developing countries. The
President shall report annually to Congress on the level of other
nations' and groups of nations' commitments under such program and the
relation of any such commitments to United States efforts under this
title. In cooperating with and providing such assistance to developing
countries, the United States shall give priority to parties to the
Treaty.
Sec. 502. (a) The United States shall initiate a program, consistent
with the aims of section 501, to cooperate with developing countries for
the purpose of--,
(1) meeting the energy needs required for the development of
such countries;
(2) reducing the dependence of such countries on petroleum
fuels, with emphasis given to utilizing solar and other renewable
energy resources; and
(3) expanding the energy alternatives available to such
countries.
(b) Such program shall include cooperation in evaluating the energy
alternatives of developing countries, facilitating international trade
in energy commodities, developing energy resources, and applying
suitable energy technologies. The program shall include both general
and country-specific energy assessments and cooperative projects in
resource exploration and production, training, research and development.
(c) As an integral part of such program, the Department of Energy,
under the general policy guidance of the Department of State and in
cooperation with the Agency for International Development and other
Federal agencies as appropriate, shall initiate, as soon as practicable,
a program for the exchange of United States scientists, technicians, and
energy experts with those of developing countries to implement the
purposes of this section.
(d) For the purposes of carrying out this section, there is
authorized to be appropriated such sums as are contained in annual
authorization Acts for the Department of Energy, including such sums
which have been authorized for such purposes under previous legislation.
(e) Under the direction of the President, the Secretary of State
shall ensure the coordination of the activities authorized by this title
with other related activities of the United States conducted abroad,
including the programs authorized by sections 103(c), 106(a)( 2), and
119 of the Foreign Assistance Act of 1961. // 22 USC 2151a, 2151d,
2151q. //
Sec. 503. // 22 USC 3262 note. // Not later than twelve months after
the date of enactment of this Act, the President shall report to the
Congress on the feasibility of expanding the cooperative activities
established pursuant to section 502(c) into an international cooperative
effort to include a scientific peace corps designed to encourage large
numbers of technically trained volunteers to live and work in developing
countries for varying periods of time for the purpose of engaging in
projects to aid in meeting the energy needs of such countries through
the search for and utilization of indigenous energy resources and the
application of suitable technology, including the widespread utilization
of renewable and unconventional energy technologies. Such report shall
also include a discussion of other mechanisms to conduct a coordinated
international effort to develop, demonstrate, and encourage the
utilization of such technologies in developing countries.
Sec. 601. // 22 USC 3281. // (a) The President shall review all
activities of Government departments and agencies relating to preventing
proliferation and shall make a report to Congress in January of 1979 and
annually in January of each year thereafter on the Government's efforts
to prevent proliferation. This report shall include but not be limited
to--,
(1) a description of the progress made toward--,
(A) negotiating the initiatives contemplated in sections 104
and 105 of this Act;
(B) negotiating the international arrangements or other mutual
undertakings contemplated in section 403 of this Act;
(C) encouraging non-nuclear-weapon states that are not party to
the Treaty to adhere to the Treaty or, pending such adherence, to
enter into comparable agreements with respect to safeguards and to
foreswear the development of any nuclear explosive devices, and
discouraging nuclear exports to non-nuclear-weapon states which
have not taken such steps;
(D) strengthening the safeguards of the IAEA as contemplated in
section 201 of this Act; and
(E) renogotiating agreements for cooperation as contemplated in
section 404(a) of this Act;
(2) an assessment of the impact of the progress described in
paragraph (1) on the non-proliferation policy of the United
States; an explanation of the precise reasons why progress has
not been made on any particular point and recommendations with
respect to appropriate measures to encourage progress; and a
statement of what legislative modifications, if any, are necessary
in his judgment to achieve the non-proliferation policy of the
United States;
(3) a determination as to which non-nuclear-weapon states with
which the United States has an agreement for cooperation in effect
or under negotiation, if any, have--,
(A) detonated a nuclear device; or
(B) refused to accept the safeguards of the IAEA on all of
their peaceful nuclear activities; or
(C) refused to give specific assurances that they will not
manufacture or otherwise acquire any nuclear explosive device; or
(D) engaged in activities involving source or special nuclear
material and having direct significance for the manufacture or
acquisition of nuclear explosive devices;
(4) an assessment of whether any of the policies set forth in
this Act have, on balance, been counterproductive from the
standpoint of preventing proliferation; and
(5) a description of the progress made toward establishing
procedures to facilitate the timely processing of requests for
subsequent arrangements and export licenses in order to enhance
the reliability of the United States in meeting its commitments to
supply nuclear reactors and fuel to nations which adhere to
effective non-proliferation policies.
(b) In the first report required by this section, the President shall
analyze each civil agreement for cooperation negotiated pursuant to
section 123 of the 1954 Act, and shall discuss the scope and adequacy of
the requirements and obligations relating to safeguards and other
controls therein.
Sec. 602. // 22 USC 3282. // (a) The annual reports to the Congress
by the Commission and the Department of Energy which are otherwise
required by law shall also include views and recommendations regarding
the policies and actions of the United States to prevent proliferation
which are the statutory responsibility of those agencies. The
Department's report shall include a detailed analysis of the
proliferation implications of advanced enrichment and reprocessing
techniques, advanced reactors, and alternative nuclear fuel cycles.
This part of the report shall include a comprehensive version which
includes any relevant classified information and a summary unclassified
version.
(b) The reporting requirements of this title are in addition to and
not in lieu of any other reporting requirements under applicable law.
(c) The Department of State, the Arms Control and Disarmament Agency,
the Department of Commerce, the Department of Energy, and the Commission
shall keep the Committees on Foreign Relations and Governmental Affairs
of the Senate and the Committee on International Relations of the House
of Representatives fully and currently informed with respect to their
activities to carry out the purposes and policies of this Act and to
otherwise prevent proliferation, and with respect to the current
activities of foreign nations which are of significance from the
proliferation standpoint.
(d) Any classified portions of the reports required by this Act shall
be submitted to the Senate Foreign Relations Committee and the House
International Relations Committee.
(e) Three years after enactment of this Act, the Comptroller General
shall complete a study and report to the Congress on the implementation
and impact of this Act on the nuclear non-proliferation policies,
purposes, and objectives of this Act. The Secretaries of State, Energy,
Defense, and Commerce and the Commission and the Director shall
cooperate with the Comptroller General in the conduct of the study. The
report shall contain such recommendations as the Comptroller General
deems necessary to support the nuclear non-proliferation policies,
purposes, and objectives of this Act.
Sec. 603. // 42 USC 2153f. // (a) All orders, determinations, rules,
regulations, permits, contracts, agreements, certificates, licenses, and
privileges--,
(1) which have been issued, made, granted, or allowed to become
effective in the exercise of functions which are the subject of
this Act, by (i) any agency or officer, or part thereof, in
exercising the functions which are affected by this Act, or (ii)
any court of competent jurisdiction, and
(2) which are in effect at the time this Act takes effect,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or repealed as the case may be, by
the parties thereto or by any court of competent jurisdiction.
(b) Nothing in this Act // 42 USC 2153f. // shall affect the
procedures or requirements applicable to agreements for cooperation
entered into pursuant to sections 91 c., 144 b., or 144 c. of the 1954
Act // 42 USC 2121, 2164. // or arrangements pursuant thereto as it was
in effect immediately prior to the date of enactment of this Act.
(c) // 22 USC 3201 note. // Except where otherwise provided, the
provisions of this Act shall take effect immediately upon enactment
regardless of any requirement for the promulgation of regulations to
implement such provisions.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 587 (Comm. on International Relations).
SENATE REPORT No. 95 - 467 accompanying S. 897 (Comms. on
Governmental Affairs, Energy and Natural Resources, and Foreign
Relations).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Aug. 5, S. 897 considered in Senate.
Sept. 22, 28, considered and passed House.
Nov. 2, S. 897 considered in Senate.
Vol. 124 (1978): Feb. 2, 7, considered and passed Senate,
amended, in lieu of S. 897.
Feb. 9, House concurred in Senate amendment. WEEKLY COMPILATION
OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 10 (1978): Mar. 10, Presidential statement.
PUBLIC LAW 95-241, 92 STAT. 119.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 501
(b)(1)(A)(i) of the Federal Aviation Act of 1958 (49 U.S.C. 1401 (b)(
1)(A)(i) is amended by striking out "citizen of the United States (other
than a corporation)" and inserting in lieu thereof "citizen of the
United States".
(b) Section 501(b)(1)(A)(ii) of the Federal Aviation Act of 1958 (49
U.S.C. 1401(b)(1)(A)(ii) is amended by inserting "(other than a
corporation which is a citizen of the United States)" immediately after
"corporation".
LEGISLATIVE HISTORY:
House REPORT No. 95 - 868 (Comm. on Public Works and Transportation).
SENATE REPORT No. 95 - 637 (Comm. oin Commerce).
CONGRESSIONAL REPORD, Vol. 124 (1978):
Feb. 21, considered and passed House.
Feb. 23, considered and passed Senate.
PUBLIC LAW 95-240, 92 STAT. 107.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated out of any money in the Treasury not otherwise
appropriated to supply supplemental appropriations (this Act may be
cited as the " Supplemental Appropriations Act, 1978") for the fiscal
year ending September 30, 1978, and for other purposes, namely:
For an additional amount for the " Office of the Secretary",
$145,000: Provided, That the Limitation of $1,500,000 in transfers for
salaries and expenses under this head in the Agriculture and Related
Agencies Appropriations Act, 1978, (Public Law 95 - 97) is increased to
$2,164,000.
For an additional amount for the " Agricultural marketing Services,
Marketing Services", $2,000,000.
To enable the Secretary of the Treasury to subscribe and pay for
capital stock of the Federal Crop Insurance Corporation, as provided in
section 504 of the Federal Crop Insurance Act (7 U.S.C. 1504),
$30,000,000.
For an additional amount for " Very Low-Income Housing Repair
Grants", $4,000,000.
For an additional amount for emergency measures for runoff
retardation and soil-erosion prevention,as provided by section 216 of
the Flood Control Act of 1950 (33 U.S.C. 701b - 1) in addition to funds
provided elsewhere, $30,000,000, to remain available until expended.
For an additional amount to carry out the Agricultural Conservation
Program, $36,600,000, to incur obligations for the period ending
September 30, 1978, and to liquidate such obligations for soil and water
conserving practices in major drought or flood damage areas as
designated by the President or the Secretary of Agriculture: Provided,
That not to exceed 5 per centum of the amount herein may be withheld
with the approval of the State committee and allotted to the Soil
Conservation Service for services of its technicians in the designated
drought or flood damaged areas.
For an additional amount for " Research and development",
$44,200,000, to remain available until September 30, 1979.
For an additional amount for " Abatement and control", $85,000,000,
to remain available until September 30, 1979: Provided, That none of
these funds shall be used for any grant to cover in excess of 75 per
centum of the total cost of the purposes to be carried out by such grant
made pursuant to the authority contained in section 208 of the Federal
Water Pollution Control Act, as amended. // 33 USC 1251 note. //
For necessary expenses to carry out Title II of the Federal Water
Pollution Control Act, as amended, // 33 USC 1281. // other than
sections 206, 208, and 209, // 33 USC 1286, 1288, 1289. //
$4,500,000,000, to remain available until expended: Provided, That the
funds shall be allotted in accordance with table 3 of committee print
numbered 95 - 30 of the Committee on Public Works and Transportation of
the House of Representatives.
For an additional amount for travel,from funds previously
appropriated for the Consumer Information Center, $5,000.
For an additional amount for " Grants for construction of State
extended care facilities" to assist the several States in the provision
of State extended care facilities, as authorized by Public Law 95 - 62,
$5,000,000, to remain available until September 30, 1980: Provided,
That all unobligated balances from prior appropriations made available
for carrying out 38 U.S.C. 644 and 5031 - 5037 shall also be available
for purposes authorized by Public Law 95 - 62.
For an additional amount for " Assistance for health manpower
training institutions" for pilot programs for assistance in the
establishment of new State medical schools, as authorized by 38 U.S.C.
chapter 82, section 5072, $3,847,000, to remain avaiable until September
30, 1984.
For an additional amount for " Construction and anadromous fish",
$3,600,000, to remain available until expended.
For an additional amount for " Surveys, investigations, and
research", $2,000,000.
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, // 30 USC 1201 note. //
Public Law 95 - 87, $30,880,000.
For necessary expenses to carry out the provisions of Title IV of the
Surface Mining Control and Reclamation Act of 1977, Public Law 95 - 87,
// 30 USC 1231. // $36,647,000, to remain available until expended:
Provided, That $36,647,000 shall be transferred from unappropriated
receipts of the Abandoned Mine Reclamation Fund into the General Fund of
the Treasury prior to September 30, 1978.
Appropriations for the Office of Surface Mining Reclamation and
Enforcement shall be available for the purchase of not to exceed 58
passenger motor vehicles: Provided, That none of the funds provided in
this Act for the Office of Surface Mining Reclamation and Enforcement
shall be available for the compensation of Executive Level IV or higher
positions: Provided further, That section 201(b) of the Surface Mining
Control and Reclamation Act of 1977 (91 Stat. 445) // 30 USC 1211. //
is amended to delete the roman numeral " IV" in the first sentence and
substitute the roman numeral " V" in lieu thereof.
For an additional amount for " Operation of Indian programs",
$8,374,000.
For an additional amount for " Construction", $2,166,000, to remain
available until expended: Provided, That not to exceed $1,685,000 shall
be available to assist the Tulaip Indian Tribes for planning,
engineering, and initial ground preparation for construction of a fish
hatchery on Puget Sound; and not to exceed $181,000 shall be available
to assist the Point-No Point Treaty Tribes, including the tribes of
Lower Elwha, Skokomish and Port Gamble, for expansion of salmon
enhancement facilities.
For an additional amount for " Administration of territories",
$1,798,000, for necessary expenses of the Federal Comptrollers' Offices
for Guam and the Virgin Islands: Provided, That none of the funds in
this appropriation or any appropriation with which it may be merged
shall be used to implement or finance loan guarantee programs unless
specific provision is made for such programs in future appropriation
Acts: Provided further, That funds available for expenses of the Office
of the Government Comptroller for the Virgin Islands derived from "
Internal Revenue Collections for Virgin Islans" and expenses of the
Office of the Government Comptroller for Guam. derived from duties and
taxes pursuant to Public Law 95 - 75 and such sums as were unobligated
in those accounts as of October 1, 1977 shall be returned to the
Governments of the Virgin Islands and Guam.
For an additional amount for " Salaries and expenses", $1,100,000.
For an additional amount for " Salaries and expenses", $250,000.
For an additional amount for " Departmental operations", $795,000.
For an additional amount for " Forest protection and utilization",
for " Forest land management", $1,836,000.
For an additional amount for " Operating expenses--fossil fuels",
$1,000,000.
For an additional amount for " Salaries and expenses", $273,194,000
of which $253,110,000 shall become available only upon enactment of
authorizing legislation as follows: (1) for conservation grants for
schools and health care facilities, $200,000,000; for conservation
grants for local government buildings, $25,000,000; for grants for
financial assistance to utility regulatory commissions, $6,630,000; for
solar heating and cooling installations in Federal buildings,
$20,000,000; to remain available for obigation until September 30,
1979; and (2) for administration of grants for schools and health care
facilites, local government buildings, and utility rate reform,
$1,480,000: Provided, That of the total amount of this appropriation,
not to exceed $6,000,000 shall remain available until expended for a
reserve to cover any defaults from loan guarantees issued to develop
underground coal mines as authorized by Public Law94 - 163: // 42 USC
6201 note. // Provided further, That the indebtedness guaranteed or
committed to be guaranteed under said law shall not exceed the aggregate
of $62,000,000.
For an additional amount for " Stragetic petroleum reserve",
$383,173,000, to remain available until December 31, 1978.
For an additional amount for " Salaries and expenses", $3,700,000.
For an additional amount for " Salaries and expenses", $1,270,000.
Of the loan principal allotted under title VI of the Public Health
Service Act // 42 USC 291. 00 for fiscal year 1973 which remained
unobligated on September 30, 1976, not to exceed $2,000,000 shall be
available to honor commitments made by the Secretary priorto October 1,
1976, to make or guarantee loans under such title VI.
For an additional amount for " Higher education", $5,000,000 for the
support of the construction of two demonstration model intercultural
centers as authorized by section 721(a)(2) of the Higher Education Act
of 1985 as amended: // 20 USC 1132b. // Provided, That in addition the
Commissioner is to make available new construction loans not to exceed
$7,200,000 from amounts available in the Higher Education Facilities
Loan and Insurance Fund for the construction of two demonstration model
intercultural centers.
The Commissioner is authorized to issue to the Secretary of the
Treasury notes or other obligations in an amount not to exceed a total
of $15,000,000 to remain availablewithout fiscal year limitation.
For assistance to refugees from Cambodia, Vietnam, and Laos in the
United States, $124,000,000.
For an additional amount for " General Departmental Management",
$1,719,000 for compensating the State of Washington for losses it incurs
in vacating and turning over to the United States the land and all
improvements thereon which was formerly the site of the Tacoma Indian
Hospital in Tacoma, Washington.
For an additional amount for " Community services program",
$200,000,000.
For an additional amount for " Operating expenses" to remain
available until expended, $101,000,000 shall be for the Clinch River
Breeder Reactor Project. Not to exceed $17,000,000 of the funds
appropriated for " Operating expenses" in the Public Works for Water and
Power Development and Energy Research Appropriation Acts for fiscal
years 1976 (Public Law 94 - 180) and 1977 (Public Law 94 - 355) are
hereby made available to reimburse the General Services Administration
for the expenses of renovation, furnishing and repair of facilities
necessary to provide temporary and permanent space for personnel
relocated as a result of the establishment and activation of the
Department of Energy.
For the purpose of carrying out the provisions of section 203 of the
Water Resources Development Act of 1976 (Public Law 94 - 587) // 42 USC
1962d - 14a. // $54,450,000, to remain available until expended:
Provided, That no part of this appropriation or any other amount in this
fund shall be available to guarantee any obligations in excess of the
amount appropriated herein.
For an additional amount for " Upper Colorado River Storage Project",
for construction of recreational and fish and wildlife facilities
authorized by section 8 of the Act of April 11, 1956, as amended // 43
USC 620g. // $875,000, to be derived by transfer from " Construction
and Rehabilitation".
Funds appropriated under this heading in the Supplemental
Appropriations Act, 1977, Public Law 95 - 26, shall remain available
until November 30, 1977.
For an additional amount for " Salaries and expenses, General legal
activities", $1,445,000, to be derived by transfer from " Salaries and
expenses", $law Enforcement Assistance Administration.
For an additional amount for " Salaries and expenses, Antitrust
Division", $1,223,000, to be derived by transfer from " Salaries and
expenses", Law Enforcement Assistance Administration.
For an additional amount for " Periodic censuses and programs",
$7,000,000, to remain available until expended.
Not to exceed $1,000 of the funds appropriated under this heading in
the Departments of State, Justice, and Commerce, the Judiciary, and
Related Agencies * appropriation Act, 1977, shall be available for
official reception and representation expenses.
Not to exceed $6,000 of the funds appropriated under this heading in
the Departments of State, Justice, and Commerce, the Judiciary, and
Related Agencies Appropriation Act, 1978, shall be available for
official reception and representation expenses.
Not to exceed $15,000 of the funds appropriated under this heading in
the Departments of State, Justice, and Commerce, the Judiciary, and
Related Agencies Appropriation Act, 1978, shall be available for
official reception and representation expenses.
For additional capital for the " Disaster loan fund", $1,400,000,000,
to remain available without fiscal year limitation.
In addition to the aggregate amount made available for construction
under this heading in the " Independent Agencies Appropriations Act,
1978", $48,913,000 shall remain available until expended for
construction of buildings in addition to the amounts previously
specified in other appropriation acts as available until expended
(including funds for sites and expenses) and the limitation on the
amount available for construction of buildings is increased to
$69,392,000 by additions as follows:
New construction:
California: San Jose, Federal Office Building, $34,130,000;
Massachusetts: Springfield, Courthouse, Federal Office
Building, and parking facility, $14,783,000:
Provided, That the immediately foregoing limits of costs may be exceeded
to the extent that savings are effected in other such projects, but by
not to exceed 10 per centum.
For an additional amount for Allowances and Office Staff for Former
Presidents to carry out the provisions of Public Law 95 - 138, approved
October 18, 1977, $54,000.
For an additional amount for " Operation and Maintenance, Defense
Agencies", $3,400,000. The amounts heretofore made available in fiscal
year 1978 only for the Defense Logistics Agency and only for the
Civilian Health and Medical Program of the Uniformed Services shall be
available without regard to those limitations.
For an additional amount for " Aircraft Procurement, Navy",
$73,900,000, to remain available for obligation until September 30,
1980.
For an additional amount for " Aircraft PROCUREMENT, Air Force",
$33,000,000, to remain available for obligation until September 30,
1980.
Appropriations provided under this heading in the Department of
Defense Appropriation Act, 1977, are rescinded in the amount of
$462,000,000.
For an additional amount for " Missile Procurement, Air Force",
$64,000,000, to remain available for obligation until September 30,
1980.
Appropriations provided under this heading in the Department of
Defense Appropriation Act, 1977, are rescinded in the amount of
$1,400,000,
For an additional amount for " Research, Development, Test, and
Evaluation, Air Force", $240,500,000, to remain available for obligation
until September 30, 1979.
For an additional amount for " Research, Development, Test, and
Evaluation, Defense Agencies", $9,000,000, to remain available for
obligation until September 30, 1979.
Sec. 101. (a) Section 856(a) of the Department of Defense
Appropriation Act, 1978 (Public Law 95 - 111) is amended by adding the
following proviso at the end thereof,": Provided further, That
notwithstanding the foregoing, time may be credited as active service in
determining a member's elibility for retirement under Section 6330 (b)
of Title 10 pursant to the provisions of the first sentence of Section
6330(d) of Title 10 for those members who have formally requested
transfer to the Fleet Reserve or the Fleet Marine Corps Reserve on or
before October 1, 1977".
(b) Section 856(b) of the Department of Defense Appropriation Act,
1978 (Public Law 95 - 111) is amended by inserting the works "the second
sentence of" before the words " Section 6330(d)".
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation, $18,000,000, to remain
available until expended, for operating losses incurred by the
Corporation.
For an additional amount for " Migration and Refugee Assistance",
$6,300,000, to provide assistance for the transportation and reception
and placement of Indochinese refugees resettling in the United States.
Sec. 201. Section 1302 of the Supplemental Appropriation Act, 1957,
as amended (31 U.S.C. 724(a)), // 31 USC 72a. // is amended by
inserting the following after " Title 28," the first time it appears:
"the Act of December 28, 1922, chap. 17, 42 Stat. 1066, // 31 USC 216
note. // awards rendered by the Indian Claims Commission, and amounts
(in excess of the amounts payable from agency appropriations) of claims
determined meritorious under section 2733 or 2743 of Title 10, // 10 USC
2733, 2734. // section 715 of Title 32, // 32 USC 715. // and section
203 of the National Aeronautics and Space Act of 1958, // 42 USC 2473.
//
Sec. 202. Any appropriation for the fiscal year 1978 required to be
apportioned pursuant to 31 U.S.C. 665, may be apportioned on a basis
indicating the need (to the extent any such increases cannot be absorbed
within available appropriations) for a supplemental or deficiency
estimate of appropriation to the extent necessary to permit payment of
such pay increases as may be granted pursuant to law to civilian
officers and employees and to active and retired military personnel.
Each such appropriation shall otherwise be subject to the requirements
of 31 U.S.C. 666.
Sec. 203. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 204. The provisions of sections 491(c) and 491(d) of the
Legislative Reorganization Act of 1970, as amended(2 U.S.C. 88b - 1),
shall not apply to the pay of pages of the Senate and House of
Representatives during the period between the recess or adjournment of
the first session of the Ninety-fifth Congress and the convening of the
second session of the Niney-fifth Congress. The pay of Senate and House
pages shall continue during such period of recess or adjournment.
Sec. 205. Effective October 1, 1977, section 106(a)(8) of the
Legislative Branch Appropriation Act, 1963 (2 U.S.C. 60j(a)(8)), is
amended by inserting " Deputy Chief Guide," after " Chief Guide,".
after " Chief Guide,".
Sec. 206. Effective October 1, 1977, section 111 of the Legislative
Branch Appropriation Act, 1978, // 2 USC 61 - 1 note. // is amended--,
(1) by striking out "an amount equal to three times the amount
referred to in section 105(e)(1) of such Act, as amended and
modified" in subsection (a) and inserting in lieu thereof
"$149,286"; and
(2) by striking out "the amount referred to in section 105(e)
(1) of the Legislative Branch Appropriation Act, 1968, as amended
and modified," each place it appears in subsection (b) and
inserting in lieu thereof "$49,762".
Sec. 207. Section 114 of the Legistative Branch Appropriation Act,
1978, // 2 USC 61-1a. // is amended by strking out each of which is in
the office of a Senator and the pay for which is disbursed by the
Secretary of the Senate" and inserting in lieu thereof "the pay for each
of which is disbursed by the Secretary of the Senate out of an
appropriation under the heading ' SALARIES, OFFICERS AND EMPLOYEES.'".
Sec. 208. Effective August 5, 1977, the last sentence of section
506(e) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(e)) is
amended by inserting after " Office of the" the following: " President
prop tempore, Deputy President pro tempore,".
Sec. 209. The Secretary of Transportation shall, not later than 60
dats after the date of enactment of this Act, designate as a route on
the National System of Interstate and Defense Highways, from mileage
withdrawn from such System before the date of enactment of this Act
under suthority of 23 U.S.C. 103(e), and which is available for such a
designation, 1.5 miles in the State of Washington for a connection with
Interstate Route 5 and the City of Tacoma, Washington.
Sec. 210. Any export license referred to in Section 11 of Public Law
95 - 95 // 22 USC 2372. // which is issued initially on or before
September 30, 1978 may from time to time thereafter be renewed, reissued
or modified (or in the event of lapse of such license, replacement
licenses may be issued), provided that any such reneway, reissuance or
modification (or any such replacement licensed) does not change
significantly any such license as initially issued.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 644 (Comm. on Appropriations), and 95 - 812
and
No. 95 - 829 (both from Comm. of Conference).
SENATE REPORT No. 95 - 564 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Vol. 123(1977): Oct. 19,20,25, considered and passed House.
Nov. 1, considered and passed Senate, amended.
Nov. 30, House recommitted conference report.
Dec. 6, House agreed to conference report.
Dec. 7, Senate agreed to conference report and insisted on its
amendment No. 43.
Vol. 124(1978): Feb. 1. Senate further insisted on its
amendment No. 43 and requested further conference.
Feb. 22, House receded and concurred in Senate amendment No.
43.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 10:
Mar. 7, Presidential statement.
PUBLIC LAW 95-239, 92 STAT. 95,.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. // 30 USC 801 note. // This Act may be cited as the "
Black Lung Benefits Reform Act of 1977".
Sec. 2. (a) Section 402(b) of the Federal Mine Safety and Health Act
of 1977 // 30 USC 902. // (hereinafter in this Act referred to as the "
Act") is amended to read as follows:
"(b) The term 'pneumoconiosis' means a chronic dust disease of the
lung and its sequelae, including respiratory and pulmonary impairments,
arising out of coal mine employment.".
(b) Section 402(d) of the Act is amended to read as follows:
"(d) The term 'miner' means any individual who works or has worked in
or around a coal mine or coal preparation facility in the extraction or
preparation of coal. Such term also includes an individual who works or
has worked in coal mine construction or transportation in or around a
coal mine, to the extent such individual was exposed to coal dust as a
result of such employment.".
(c) Section 402(f) of the Act is amended to read as follows:
"(f)(1) The term 'total disability' has the meaning given it by
regulations of the Secretary of Health, Education, and Welfare for
claims under part B of this title, // 30 USC 921 et seq. // and by
regulations of the Secretary of Labor for claims under part C of this
title, // 30 USC 931 et seq. // subject to the relevant provisions of
subsections (b) and (d) of section 413, // 30 USC 923. // except
that--,
"(A) in the case of a living miner, such regulations shall
provide that a miner shall be considered totally disabled when
pneumoconiosis prevents him or her from engaging in gainful
employment requiring the skills and abilities comparable to those
of any employment in a mine or mines in which he or she previously
engaged with some regularity and over a substantial period of
time;
"(B) such regulations shall provide that (i) a deceased miner's
employment in a mine at the time of death shall not be used as
conclusive evidence that the miner was not totally disabled; and
(ii) in the case of a living miner, if there are changed
circumstances of employment indicative of reduced ability to
perform his or her usual coal mine work, such miner's employment
in a mine shall not be used as conclusive evidence that the miner
is not totally disabled;
"(C) such regulations shall not provide more restrictive
criteria than those applicable under section 223(d) of the Social
Security Act,
// 42 USC 423. //
and
"(D) the Secretary of Labor, in consultation with the Director
of the National Institute for Occupational Safety and Health,
shall establish criteria for all appropriate medical tests under
this subsection which accurately reflect total disability in coal
miners as defined in subparagraph (A).
"(2) Criteria applied by the Secretary of Labor in the case of--,
"(A) any claim which is subject to review by the Secretary of
Health, Education, and Welfare, or subject to a determination by
the Secretary of Labor, under section 435(a);
"(B) any claim which is subject to review by the Secretary of
Labor under section 435(b); and
"(C) any claim filed on or before the effective date of
regulations promulgated under this subsection by the Secretary of
Labor;
shall not be more restrictive than the criteria applicable to a claim
filed on June 30, 1973, whether or not the final disposition of any such
claim occurs after the date of such promulgation of regulations by the
Secretary of Labor.".
(d) Section 402 of the Act // 30 USC 902. // is amended by adding at
the end thereof the following new subsection:
(h) The term "fund" means the Black Lung Disability Trust Fund
established in section 3(a)(1) of the Black Lung Benefits Revenue Act of
1977.". // 30 USC 934a. //
Sec. 3. // 30 USC 921. // (a) Section 411(c) of the Act is
amended--,
(1) in paragraphs (1) and (2) thereof, by striking out "if" and
inserting in lieu thereof " If" and by striking out the semicolon
and inserting in lieu thereof a period;
(2) in paragraph (3) thereof, by striking out "if" the first
place it appears therein and inserting in lieu thereof " If" and
by striking out"; and" and inserting in lieu thereof a period;
and
(3) by adding at the end thereof the following new paragraph:
"(5) In the case of a miner who dies on or before the date of
the enactment of the Black Lung Benefits Reform Act of 1977 who
was employed for 25 years or more in one or more coal mines before
June 30, 1971, the eligible survivors of such miner shall be
entitled to the payment of benefits at the rate applicable under
section 412 (a)(2),
// 30 USC 922. //
unless it is established that at the time of his or her death such
miner was not partially or totally disabled due to pneumoconiosis.
Eligible survivors shall, upon request by the Secretary, furnish
such evidence as is available with respect to the health of the
miner at the time of his or her death.".
(b)(1)(A) Section 412(a)(3) of the Act // 30 USC 922. // is amended
by striking out "and" the first place it appears therein, and by
inserting after "the time of her death," the following: "and in the
case of any child or children entitled to the payment of benefits under
paragraph (5) of section 411(c),".
(B) The first sentence of section 412(a)(5) of the Act is amended--,
(i) by striking out "or" the fifth place it appears therein;
and
(ii) by inserting after "child, or parent," the following: "in
the case of the dependent parent or parents of a miner (who is not
survived at the time of his or her death by a widow or a child)
who are entitled to the payment of benefits under paragraph (5) of
section 411(c), or in the case of the dependent surviving
brother(s) or sister(s) of a miner (who is not survived at the
time of his or her death by a widow, child, or parent) who are
entitled to the payment of benefits under paragraph (5) of section
411(c),".
(2) Section 414(e) of the Act // 30 USC 924. // is amended by
striking out "or" the second place it appears therein and by striking
out the period at the end thereof and inserting in lieu thereof the
following:", or (3) any such individual is entitled to benefits under
paragraph (5) of section 411(c).".
(3) Section 421(a) of the Act // 30 USC 931. // is amended by
inserting after "pneumoconiosis" the second place it appears therein the
following: ", and in any case in which benefits based upon eligibility
under paragraph (5) of section 411(c) are involved.".
(4) The first sentence of section 422(a) of the Act // 30 USC 932.
// is amended by inserting before the period at the end thereof the
following: ", or with respect to entitlements established in paragraph
(5) of section 411(c)".
Sec. 4. The first sentence of section 412(b) of the Act // 30 USC
922. // is amended by inserting after "disability of such miner" the
following: "due to pneumoconiosis".
Sec. 5. (a) Section 413(b) of the Act // 30 USC 923. // is amended
by inserting after the second sentence thereof the following new
sentences: " Where there is no medical or other relevant evidence in
the case of a deceased miner, such affidavits shall be considered to be
sufficient to establish that the miner was totally disabled due to
pneumoconiosis or that his or her death was due to pneumoconiosis. In
any case in which there is other evidence that a miner has a pulmonary
or respiratory impairment, the Secretary shall accept a board certified
or board eligible radiologist's interpretation of a chest roentgenogram
which is of a quality sufficient to demonstrate the presence of
pneumoconiosis submitted in support of a claim for benefits under this
title if such roentgenogram has been taken by a radiologist or qualified
technician, except where the Secretary has reason to believe that the
claim has been fraudulently represented. In order to insure that any
such roentgenogram is of adequate quality to demonstrate the presence of
pneumoconiosis, and in order to provide for uniform quality in the
roentgenograms, the Secretary of Labor may, by regulation, establish
specific requirements for the techniques used to take roentgenograms of
the chest. Unless the Secretary has good cause to believe that an
autopsy report is not accurate, or that the condition of the miner is
being fraudulently misrepresented, the Secretary shall accept such
autopsy report concerning the presence of pneumoconiosis and the stage
of advancement of pneumoconiosis.".
(b) Section 413(b) of the Act, as amended in subsection (a), is
further amended by adding at the end thereof the following new sentence:
" Each miner who files a claim for benefits under this title shall upon
request be provided an opportunity to substantiate his or her claim by
means of a complete pulmonary evaluation.".
(c) The fifth sentence of section 413(b) of the Act is amended by
striking out "(f)," and by striking out "and (1)," and inserting in lieu
thereof "(1), and (n),".
(d) Section 413 of the Act is amended by adding at the end thereof
the following new subsection:
"(d) No miner who is engaged in coal mine employment shall (except as
provided in section 411(c)(3)) // 30 USC 921. // be entitled to any
benefits under this part while so employed. Any miner who has been
determined to be eligible for benefits pursuant to a claim filed while
such miner was engaged in coal mine employment shall be entitled to such
benefits if his or her employment terminates within one year after the
date such determination becomes final.".
Sec. 6. // 30 USC 931. // (a) Section 421(b)(2)(A) of the Act is
amended by inserting before the semicolon the following: ", except that
(i) such law shall not be required to provide such benefits where the
miner's last employment in a coal mine terminated before the Secretary's
approval of the State law pursuant to this section; and (ii) each
operator of a coal mine shall secure the payment of benefits pursuant to
section 423 with respect to any miner whose last employment in a coal
mine terminated before the Secretary's approval of the State law
pursuant to this section".
(b) Section 421(b)(2)(C) of the Act is amended by striking out "part
B of this title" and inserting in lieu thereof "this part", by striking
out "of Health, Education, and Welfare", and by striking out
"thereunder" and inserting in lieu thereof "under this part".
(c) Section 421(b)(2)(D) of the Act is amended to read as follows:
"(D) any claim for benefits on account of total disability of a
miner due to pneumoconiosis is deemed to be timely filed if such
claim is filed within three years after a medical determination of
total disability due to pneumoconiosis;".
Sec. 7. // 30 USC 932. // (a) The first sentence of section 422(a)
of the Act is amended--,
(1) by inserting after "as amended" the following: ", and as
it may be amended from time to time";
(2) by inserting a comma after "and 51 thereof)"; and
(3) by striking out "and except as the Secretary shall by
regulation otherwise provide" and inserting in lieu thereof "or by
regulations of the Secretary and except that references in such
Act to the employer shall be considered to refer to the trustees
of the fund, as the Secretary considers appropriate and as is
consistent with the provisions of section 424".
// 30 USC 934. //
(b) Section 422(b) of the Act is amended by adding at the end thereof
the following new sentence: " An employer, other than an operator of a
coal mine, shall not be required to secure the payment of such benefits
with respect to any employee of such employer to the extent such
employee is engaged in the transportation of coal or in coal mine
construction. Upon determination by the Secretary of the eligibility of
the employee, the Secretary may require such employer to secure a bond
or otherwise guarantee the payment of such benefits to the employee.".
(c) Section 422(c) of the Act is amended--,
(1) by striking out "and the Secretary of Health, Education,
and Welfare"; and
(2) by striking out "the period" and inserting in lieu thereof
"a period after December 31, 1969,".
(d) Section 422(e) of the Act is amended by inserting "or" at the end
of paragraph (1) thereof, by striking out ", or" at the end of paragraph
(2) thereof and inserting in lieu thereof a period, and by striking out
paragraph (3) thereof.
(e) Section 422(f) of the Act // 30 USC 932. // is amended to read
as follows:
"(f) Any claim for benefits by a miner under this section shall be
filed within three years after whichever of the following occurs
later--,
"(1) a medical determination of total disability due to
pneumoconiosis; or
"(2) the date of the enactment of the Black Lung Benefits
Reform Act of 1977.".
(f) Section 422(h) of the Act is amended by striking out the first
sentence thereof.
(g) Section 422(i) of the Act is amended to read as follows:
"(i)(1) During any period in which this section is applicable to the
operator of a coal mine who on or after January 1, 1970, acquired such
mine or substantially all the assets thereof, from a person (hereinafter
in this subsection referred to as a 'prior operator') who was an
operator of such mine, or owner of such assets on or after January 1,
1970, such operator shall be liable for and shall, in accordance with
section 423, secure the payment of all benefits which would have been
payable by the prior operator under this section with respect to miners
previously employed by such prior operator as if the acquisition had not
occurred and the prior operator had continued to be an operator of a
coal mine.
"(2) Nothing in this subsection shall relieve any prior operator of
any liability under this section.
"(3)(A) For purposes of paragraph (1) of this subsection, the
provisions of this paragraph shall apply to corporate reorganizations,
liquidations, and such other transactions as are specified in this
paragraph.
"(B) If an operator ceases to exist by reason of a reorganization or
other transaction or series of transactions which involves a change in
identity, form, or place of business or organization, however effected,
the successor operator or other corporate or business entity resulting
from such reorganization or other change shall be treated as the
operator to whom this section applies.
"(C) If an operator ceases to exist by reason of a liquidation into a
parent or successor corporation, the parent or successor corporation
shall be treated as the operator to whom this section applies.
"(D) If an operator ceases to exist by reason of a sale of
substantially all his or her assets, or as the result of a merger,
consolidation, or division, the successor operator, corporation, or
other business entity shall be treated as the operator to whom this
section applies.
"(4) In any case in which there is a determination under section 424
// 30 USC 934. // that no operator is liable for the payment of
benefits to a claimant, nothing in this subsection may be construed to
require the payment of benefits to a claimant by or on behalf of any
operator.".
(h) Section 422 of the Act // 30 USC 932. // is amended by adding at
the end thereof the following new subsections:
"(j) Notwithstanding the provisions of this section, section 424
shall govern the payment of benefits in cases--,
"(1) described in section 424(a)(1); or
"(2) in which the miner's last coal mine employment was before
January 1, 1970.
"(k) The Secretary shall be a party in any proceeding relative to a
claim for benefits under this part.
"(1) In no case shall the eligible survivors of a miner who was
determined to be eligible to receive benefits under this title at the
time of his or her death be required to file a new claim for benefits,
or refile or otherwise revalidate the claim of such miner.".
(i) Notwithstanding the provisions of section 422(a) of the Act, //
30 USC 932a note. // individuals appointed to hear and determine claims
for benefits under part C of title IV of the Act // 30 USC 931 et seq.
// and under section 415 of the Act // 30 USC 925. // pursuant to
Public Law 94 - 50j (90 Stat. 2428) may continue to adjudicate such
claims during the one-year period following the date of the enactment of
this Act. // 30 USC 932a. //
Sec. 8. Section 423 of the Act // 30 USC 933. // is amended by
adding at the end thereof the following new subsection:
"(d)(1) Any employer required to secure the payment of benefits under
this section who fails to secure such benefits shall be subject to a
civil penalty assessed by the Secretary of not more than $1,000 for each
day during which such failure occurs. In any case where such employer
is a corporation, the president, secretary, and treasurer thereof also
shall be severally liable to such civil penalty as provided in this
subsection for the failure of such corporation to secure the payment of
benefits. Such president, secretary, and treasurer shall be severally
personally liable, jointly with such corporation, for any benefit which
may accrue under this title in respect to any disability which may occur
to any employee of such corporation while it shall so fail to secure the
payment of benefits as required by this section.
"(2) Any employer of a miner who knowingly transfers, sells,
encumbers, assigns, or in any manner disposes of, conceals, secrets, or
destroys any property belonging to such employer, after any miner
employed by such employer has filed a claim under this title, and with
intent to avoid the payment of benefits under this title to such miner
or his or her dependents, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more than $1,000,
or by imprisonment for not more than onr year, or both. In any case
where such employer is a corporation, the president, secretary, and
treasurer thereof also shall be severally liable for such penalty of
imprisonment as well as jointly liable with such corporation for such
fine.
"(3) This subsection shall not affect any other liability of the
employer under this part.".
Sec. 9. The first sentence of section 427(c) of the Act // 30 USC
937. // is amended by striking out "of the fiscal years ending June 30,
1973, June 30, 1974, and June 30, 1975" and inserting in lieu thereof
"fiscal year".
Sec. 10. Section 430 of the Act // 30 USC 940. // is amended--,
(1) by inserting "and by the Black Lung Benefits Reform Act of
1977" after "1972"; and
(2) by striking out the colon and all that follows it and
inserting in lieu thereof a period.
Sec. 11. // 30 USC 924a. // The Secretary of Health, Education, and
Welfare shall notify each miner receiving benefits under part B of title
IV of the Act // 30 USC 921. // on account of his or her total
disability who such Secretary has reason to believe became eligible for
medical services and supplies on January 1, 1974, of his or her possible
eligibility for such benefits. Where such Secretary so notifies a
miner, the period during which he or she may file a claim for medical
services and supplies under part C of title IV of the Act shall not
terminate before six months after such notification is made.
Sec. 12. (a) Section 431 of the Act // 30 USC 941. // is amended to
read as follows:
" Sec. 431. Any person who willfully makes any false or misleading
statement of representation for the purpose of obtaining any benefit or
payment under this title shall be guilty of a misdemeanor and on
conviction thereof shall be punished by a fine of not more than $1,000,
or by imprisonment for not more than one year, or both.".
(b) Part C of title IV of the Act is amended by adding at the end
thereof the following new section:
" Sec. 432. // 30 USC 942. // (a) The Secretary may be regulation
require employers to file reports concerning miners who may be or are
entitled to benefits under this part, including the date of commencement
and cessation of benefits and the amount of such benefits. Any such
report shall not be evidence of any fact stated therein in any
proceeding relating to death or total disability due to pneumoconiosis
of any miner to which such report relates.
"(b) Any employer who fails or refuses to file any report required of
such employer under this section shall be subject to a civil penalty of
not more than $500 for each such failure or refusal.".
Sec. 13. Part C of title IV of the Act, as amended by section 12(
b), is further amended by adding at the end thereof the following new
section:
" Sec. 433. // 30 USC 943. // (a) The Secretary is authorized to
establish and carry out a black lung insurance program which will enable
operators of coal mines to purchase insurance covering their obligations
under section 422.
"(b) The Secretary may exercise his or her authority under this
section only if, and to the extent that, insurance coverage is not
otherwise available, at reasonable cost, to operators of coal mines.
"(c)(1) The Secretary may enter into agreements with operators of
coal mines who may be liable for the payment of benefits under section
422, under which the Black Lung Compensation Insurance Fund established
under subsection (a) (hereinafter in this section referred to as the
'insurance fund') shall assume all or part of the liability of such
operator in return for the payment of premiums to the insurance fund,
and on such terms and conditions as will fully protect the financial
solvency of the insurance fund. During any period in which such
agreement is in effect the operator shall be deemed in compliance with
the requirements of section 423 with respect to the risks covered by
such agreement.
"(2) The Secretary may also enter into reinsurance agreements with
one or more insurers or pools of insurers under which, in return for the
payment of premiums to the insurance fund, and on such terms and
conditions as will fully protect the financial solvency of the insurance
fund, the insurance fund shall provide reinsurance coverage for benefits
required to be paid under section 422.
"(d) The Secretary may by regulation provide for general terms and
conditions of insurability as applicable to operators of coal mines or
insurers eligible for insurance or reinsurance under this section,
including--,
"(1) the types, classes, and locations of operators or
facilities which shall be eligible for such insurance or
reinsurance;
"(2) the classification, limitation, and rejection of any
operator or facility which may be advisable;
"(3) appropriate premiums for different classifications of
operators or facilities;
"(4) appropriate loss deductibles;
"(5) experience rating; and
"(6) any other terms and conditions relating to insurance or
reinsurance coverage or exclusion which may be appropriate to
carry out the purposes of this section.
"(e) The Secretary may undertake and carry out such studies and
investigations, and receive or exchange such information, as may be
necessary to formulate a premium schedule which will enable the
insurance and reinsurance authorized by this section to be provided on a
basis which is (1) in accordance with accepted actuarial principles;
and (2) fair and equitable.
"(f)(1) On the basis of estimates made by the Secretary in
formulating a premium schedule under subsection (e), and such other
information as may be available, the Secretary shall from time to time
prescribe by regulation the chargeable premium rates for types and
classes of insurers, operators of coal mines, and facilities for which
insurance or reinsurance coverage shall be available under this section
and the terms and conditions under which, and the area within which,
such insurance or reinsurance shall be available and such rates shall
apply.
"(2) Such premium rates shall be (A) based on a consideration of the
risks involved, taking into account differences, if any, in risks based
on location, type of operations, facilities, type of coal, experience,
and any other matter which may be considered under accepted actuarial
principles; and (B) adequate, on the basis of accepted actuarial
principles, to provide reserves for anticipated losses.
"(3) All premiums received by the Secretary shall be paid into the
insurance fund.
"(g)(1) The Secretary may establish in the Department of Labor a
Black Lung Compensation Insurance Fund which shall be available, without
fiscal year limitation--,
"(A) to pay claims of miners for benefits covered by insurance
or reinsurance issued under this section;
"(B) to pay the administrative expenses of carrying out the
black lung compensation insurance program under this section; and
"(C) to repay to the Secretary of the Treasury such sums as may
be borrowed in accordance with the authority provided in
subsection (i).
"(2) The insurance fund shall be credited with--,
"(A) premiums, fees, or other charges which may be collected in
connection with insurance or reinsurance coverage provided under
this section;
"(B) such amounts as may be advanced to the insurance fund from
appropriations in order to maintain the insurance fund in an
operative condition adequate to meet its liabilities; and
"(C) income which may be earned on investments of the insurance
fund pursuant to paragraph (3).
"(3) If, after all outstanding current obligations of the insurance
fund have been liquidated and any outstanding amounts which may have
been advanced to the insurance fund from appropriations authorized under
subsection (i) have been credited to the appropriation from which
advanced, the Secretary determines that the moneys of the insurance fund
are in excess of current needs, he or she may request the investment of
such amounts as he or she deems advisable by the Secretary of the
Treasury in public debt securities with maturities suitable for the
needs of the insurance fund and bearing interest at prevailing market
rates.
"(h) The Secretary shall report to the Congress not later than the
first day of April of each year on the financial condition of the
insurance fund and the results of the operations of the insurance fund
during the preceding fiscal year and on its expected condition and
operations during the fiscal year in which the report is made.
"(i) There are authorized to be appropriated to the insurance fund,
as repayable advances, such sums as may be necessary to meet obligations
incurred under subsection (g). All such sums shall remain available
without fiscal year limitation. Advances made pursuant to this
subsection shall be repaid, with interest, to the general fund of the
Treasury when the Secretary determines that moneys are available in the
insurance fund for such repayments. Interest on such advances shall be
computed in the same manner as provided in subsection (b) (2) of section
3 of the Black Lung Benefits Revenue Act of 1977.".
Sec. 14. Part C of title IV of the Act, as amended by sections 12(
b) and 13, is further amended by adding at the end thereof the following
new section:
" Sec. 434. // 30 USC 944. // Any individual whose claim for
benefits under this title is denied shall receive from the Secretary a
written statement of the reasons for denial of such claim, and a summary
of the administrative hearing record or, upon good cause shown, a copy
of any transcript thereof.".
Sec. 15. Part C of title IV of the Act, as amended by sections 12(
b), 13, and 14, is further amended by adding at the end thereof the
following new section:
" Sec. 435. // 30 USC 945. // (a)(1) The Secretary of Health,
Education, and Welfare shall promptly notify each claimant who has filed
a claim for benefits under part B of this title and whose claim is
either pending on the effective date of this section or has been denied
on or before that effective date, that, upon the request of the
claimant, the claim shall be either--,
"(A) reviewed by the Secretary of Health, Education, and
Welfare under paragraph (2) for a determination based on the
evidence on file, taking inot account the amendments made by the
Black Lung Benefits Reform Act of 1977; or
"(B) referred directly by the Secretary of Health, Education,
and Welfare to the Secretary of Labor for a determination under
paragraph (3), with an opportunity for the claimant to present
additional medical or other evidence in accordance with that
paragraph, taking into account the amendments made by the Black
Lung Benefits Reform Act of 1977.
"(2)(A) The Secretary of Health, Education, and welfare shall approve
forthwith each claim for which review is requested under paragraph
(1)(A) if, based upon the evidence on file, the provisions of part B of
this title, as amended by the Black Lung Benefits Reform Act of 1977,
require such approval. The Secretary of Health, Education and Welfare
shall certify such approval to the Secretary of Labor and such approval
shall be binding upon the Secretary of Labor as an initial determination
of eligibility. Upon receipt of that certification, the Secretary of
Labor shall immediately make or otherwise provide for the payment of the
claim in accordance with this part.
"(B)(i) The Secretary of Health, Education, and Welfare shall refer
to the Secretary of Labor any claim not approved under subparagraph (A)
for a determination under paragraph (3), and shall notify the claimant
of that referral tot he Secretary of Labor for such a determination.
"(ii) The Secretary of Health, Education, and Welfare shall notify
each claimant whose claim has been approved under subparagraph (A) that,
if the claimant disputes the scope or terms of the award, such dispute
shall be referred to the Secretary of Lobor for a determination under
paragraph (3).
"(C) Upon the completion of the review of any claim by the Secretary
of Health, Education, and Welfare under this paragraph, the
responsibility for further action with respect to such claim shall be
transferred to the Secretary of Labor consider each such claim in
accordance with paragraph (3).
"(3)(A) Except as provided in this section, the Secretary of Labor
shall treat each claim referred by the Secretary of Health, Education,
and Welfare under paragraph (1)(B) or (2)(B) as if it were a claim filed
under this part. The provisions of subsection (b) shall apply to any
determination of the Secretary with respect to any such claim referred
to the Secretary.
"(B) The Secretary of Health, Education, and Welfare shall promptly
furnish to the Secretary of Labor all pertinent information in the
possession of the Department of Health, Education, and Welfare relating
to claims referred to the Secretary of Labor under this subsection.
"(4) For the purposes of any determination by the Secretary of Labor
under paragraph (3), the date of the request under paragraph (1) shall
be considered the date of filing of the claim.
"(b)(1) The Secretary of Labor shall review each claim which has been
denied under this part (or under section 415) // 30 USC 925. // on or
before the effective date of this subsection, and each claim which is
pending under this part (or under section 415) on such effective date,
taking into account the amendments made to this part by the Black Lung
Benefits Reform Act of 1977. The Secretary shall approve any such claim
forthwith if the provisions of this part, as so amended, require that
approval, and the Secretary shall immediately make or otherwise provide
for the payment of the claim in accordance with this part.
"(2)(A) The Secretary, in carrying out the review of any claim under
paragraph (1) and in making any determination under subsection (a)(3),
shall not require any additional medical or other evidence to be
submitted if the evidence on file is sufficient for approval of the
claim, taking into account the amendments made to this part by the Black
Lung Benefits Reform Act of 1977.
"(B) If the evidence on file is not sufficient for approval of the
claim, the Secretary shall provide an opportunity for the claimant to
present additional medical or other evidence to substantiate his or her
claim and shall notify each claimant of that opportunity.
"(c) Any individual whose claim is approved pursuant to this section
shall be awarded benefits on a retroactive basis for a period which
begins no earlier than January 1, 1974.".
Sec. 16. Section 401 of the Act // 30 USC 901. // is amended by
inserting "(a)" after " Sec. 401." and by adding at the end thereof the
following new subsection:
"(b) This title may be cited as the ' Black Lung Benefits Act'."
Sec. 17. // 29 USC 675 note. // (a) The Secretary of Labor, in
cooperation with the Director of the National Institute for Occupational
Safety and Health, shall conduct a study of all occupationally related
pulmonary and respiratory diseases, including the extent and severity of
such diseases in the United States. Such study shall further include
analyses of (1) any etiologic, symptomatologic, and pathologic factors
which are similar to such factors in coal workers' pneumoconiosis and
its sequelar; (2) the adequacy of current workers' compensation
programs in compensating individuals with such diseases; and (3) the
status and adequacy of Federal health and safety laws and regulations
relating to the industries with which such diseases are associated.
(b) The study required in subsection (a) shall be completed and a
report thereon submitted to the President and to the appropriate
committees of the Congress no later than 18 months after the date of the
enactment of this Act.
Sec. 18. // 30 USC 903. // (a) The Secretary of Labor shall
establish and operate such field offices as may be necessary to assist
miners and survivors of miners in the filing and processing of claims
under title IV of the Act. // 30 USC 901. // Such field offices shall,
to the extentfeasible, be reasonably accessible to such miners and
survivors. The Secretary, in connection with the establishment and
operation of field offices, may enter into arrangements with other
Federal departments and agencies, and with State agencies, for the use
of existing facilities operated by such departments and agencies. Where
the establishment of separate facilities is not feasible the Secretary
may enter into such arrangements as he deems necessary with the heads of
Federal departments, agencies, and instrumentalities and with State
agencies for the use of existing facilities and personal under their
control.
(b) There are authorized to be appropriated for the purposes of
subsection (a) such sums as may be necessary.
Sec. 19. // 30 USC 904. // The Secretary of Health, Education, and
Welfare and the Secretary of Labor shall disseminate to interested
persons and groups the changes in title IV of the Act // 30 USC 901. //
made by this Act, together with an explanation of such changes, and
shall undertake, through appropriate organizations, groups, and coal
mine operators, to notify individuals who are likely to have become
eligible for benefits by reason of such changes. Individual assistance
in preparing and processing claims shall be offered by the Secretary of
Health, Education, and Welfare and the Secretary of Labor and provided
to potential beneficiaries.
Sec. 20. // 30 USC 901 note. // (a) The provisions of this Act shall
take effect on the date of the enactment of this Act.
(b) // 30 USC 934a note. // In the event that the payment of
benefits to miners and to eligible survivors of miners cannot be made
from the Black Lung Disability Trust Fund established by section 3(a)of
the Black Lung Benefits Revenue Act of 1977, the provisions of the Act
relating to the payment of benefits to miners and to eligible survivors
of miners, as in effect immediately before the date of the enactment of
this Act, shall take effect, as rules and regulations of the Secretary
of Labor until such provisions are revoked, amended, or revised by law.
The Secretary of Labor may promulgate additional rules and regulations
to carry out such provisions and shall make benefit payments to miners
and to eligible survivors of miners in accordance with such provisions.
(c) // 26 USC 4121 note. // In accordance with the requirements of
section 5 of the Black Lung Benefits Revenue Act of 1977, it is hereby
provided that such Act shall take effect in accordance with the
provisions of such Act. The provisions of this subsection are hereby
deemed to be in explicit satisfaction of the requirements of section 5
of such Act.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 151 (Comm. on Education and Labor) and No.
95 - 864 (Comm. of Conference).
SENATE REPORTS: No. 95 - 209 accompanying S. 1538 (Comm. on Human
Resources) and No. 95 - 336 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 123 (1977): July 21, S. 1538 considered in Senate.
July 25, Sept. 19, considered and passed House.
Sept. 20, considered and passed Senate, amended, in lieu of S.
1538.
Vol. 124 (1978): Feb. 6, Senate agreed to Conference report.
Feb. 15, House agreed to Conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 9 (1978): Mar. 1, Presidential statement.
PUBLIC LAW 95-238, 92 STAT. 47, DEPARTMENT OF ENERGY ACT OF 1978--
CIVILIAN APPLICATIONS
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 " Department of Energy Act of 1978--Civilian Applications".
Sec. 2. In accordance with section 261 of the Atomic Energy Act of
1954 (42 U.S.C. 2017), section 305 of the Energy Reorganization Act of
1974 (42 U.S.C. 5875), section 16 of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5915), there is hereby
authorized to be appropriated to the Department of Energy, for energy
research, development, and demonstration, and related activities, the
sum of $6,081,445,000.
TITLE I--ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION, AND RELATED
ACTIVITIES
Sec. 101. For " Operating expenses", for the following programs, a
sum of dollars equal to the total of the following amounts: Fossil
Energy Development
(1) Coal:
(A) Coal liquefaction, $107,000,000.
(B) High Btu gasification (coal), $51,200,000.
(C) Low Btu gasification (coal), $73,900.000.
(D) Advanced power systems, $25,500,000.
(E) Direct combustion (coal), $65,200,000.
(F) Advanced research and supporting technology, $50,000,000:
Provided, That of those funds authorized, funds as may be
necessary are hereby authorized for the following purpose: The
Secretary of Energy shall conduct a feasibility study of the
technology and the commercial applications of the process of fine
grinding of coal and dry vegetable residues for the purpose of
preparing these substances as clean burning fuels.
(G) Demonstration plants and major test facilities (coal),
$60,900,000.
(H) Magnetohydrodynamics, $70,800,000: Provided, That at least
5 percent of the amount appropriated for magnetohydrodynamics
shall be expended for closed cycle technology.
(2) Petroleum and natural gas:
(A) Enhanced oil recovery, $46,100,000.
(B) Enhanced gas recovery, $30,000,000.
(C) Drilling, exploration and offshore technology, $7,600,000.
(D) Processing and utilization, $1,400,000.
(3) Oil shale and in situ technology:
(A) Oil shale, $28,000,000.
(B) In situ coal gasification $19,000,000.
Solar Energy Development
(4) Thermal applications, $104,700,000, including $94,400,000 for
heating and cooling of buildings.
(5) Fuels from biomass, $20,500,000; and under such rules and
regulations as he may establish, the Department of Energy is authorized
to guarantee a loan or loans for the demonstration of a 50 MW
wood-fueled power generating facility.
(6) Other Solar Energy Programs, $219,700,000, including $7,000,000
for a parallel design of a 1500 kilowatt wind energy conversion system
and the production of two test units, and $203,700,000 for other solar
electric applications: Provided, That $7,500,000 of such sum is hereby
authorized for design work for small community applications. Geothermal
Energy Development
(7) Engineering research and development, $15,500,000.
(8) Resource exploration and assessment, $17,600,000.
(9) Hydrothermal technology applications, $28,000,000.
(10) Advanced technology applications, $24,300,000.
(11) Utilization experiments, $16,000,000.
(12) Environmental control and institutional studies, $8,100,000.
(13) Low head hydroelectric program, $15,000,000. Conservation
Research and Development
(14) Electric energy systems and energy storage:
(A) Electric energy systems, $36,800,000.
(B) Energy storage systems, $48,500,000.
(15) End use conservation and technologies to improve efficiency:
(A) Industrial energy conservation, $38,000,000.
(B) Buildings and community systems, $59,500,000: Provided,
That $2,000,000 of such sum are hereby authorized for a research
and development program in residential gas and oil furnaces.
(C) Transportation energy conservation, $87,000,000, of which
$1,000,000 shall be available to the Alternative Fuels Utilization
Program for study of automotive utilization of alcohol fuels and
blends: Provided, That of those funds authorized for the
Alternative Fuels Utilization Program, funds as may be necessary
are hereby authorized for the Department of Energy to conduct
studies to determine the feasibility of utilizing distillery
facilities or other types of refineries including but not limited
to sugar refineries, in the implementation of programs to extend
the supply of gasoline by means of a mixture of gasoline and
alcohol.
(D) Improved conversion efficiency, $69,700,000.
(16) Energy extension service, $8,000,000.
(17) Small grants for appropriate technology, $8,000,000.
Environment and Safety Research and Development
(18) Environmental and Safety Research and Development:
(A) Overview and Assessment, $50,010,000.
(B) Environmental Research, $143,970,000.
(C) Life Sciences Research $38,113,000.
(D) Decontamination and Decommissioning, $19,000,000.
Nuclear Research and Development
(19) Magnetic fusion, $207,900,000.
(20) Fuel cycle research and development, $363,885,000, including
$20,000,000 for international spent fuel disposition, pursuant to
section 107 and including $13,000,000 for research, development,
assessment, evaluation, and other activities at the Barnwell Nuclear
Fuels Plant related to alternative fuel cycle technologies, safeguard
systems, spent fuel storage and waste management, except that none of
the authorized funds may be used for operations of the plant to process
spent fuel from reactors.
(21) Liquid metal fast breeder reactor, $333,300,000: Provided, That
$5,000,000 of such sums are hereby authorized for research and
development on means to reduce the ability to divert plutonium from its
intended purposes and to increase the detectability of plutonium if it
should be so diverted.
(22) Nuclear research and applications, $228,829,000.
(23) Light water reactor safety facilities, $24,000,000.
(24) High energy phsics, nuclear phsics, and basic energy sciences,
$413,394,000.
(25) Nuclear materials security and safeguards, $40,106,000.
(26) Uranium enrichment, $989,185,000. All Other Programs,
$444,604,000, including--
(27) (i) Not more than $1,000,000 for the Water Resources Council to
carry out the provisions of section 13 of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5912);
(ii) Funds to carry out the provisions of section 11 of the Federal
Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C.
5910), in the amount of $500,000 for the Council on Environmental
Quality; and
(iii) Program management and support:
(a) Program direction, $222,900,000.
(b) Institutional relations, $34,179,000, including funds to
reimburse the National Bureau of Standards for costs incurred in
carrying out the provisions of section 14 of the Federal
Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C.
5913) as amended.
(c) Supporting activities, $37,460,000.
(d) International cooperation, $5,000,000. Prior Year
Authorizations
(28) The sum of $40,000,000 which represents the portion of the
appropriations heretofore made in the total amount of $56,000,000 for
project 76 - 1-a (clean boiler fuel demonstration plant (A--E) and
long-lead procurement) which remains unobligated and is no longer needed
is hereby authorized to be made available instead, in addition to any
amounts appropriated for the purposes involved pursuant to this Act for
the low Btu gasification program.
Sec. 102. (a) For " Plant and capital equipment", including
construction, acquisition, or modification of facilities, including land
acquisition; and acquisition and fabrication of capital equipment not
related to construction, a sum of dollars equal to the total of the
following amounts:
(1) Conservation Research and Development:
(A) Project 78 - 1-a, high bay addition, Los Alamos Scientific
Laboratory, New Mexico, $800,000.
(2) Fossil Energy Development:
(A) Project 78 - 2-a, analytical research, chemistry and coal
carbonization laboratory, Pittsburgh Energy Research Center,
Pennsylvania, $6,600,000.
(B) Project 78 - 2-b, modifications and additions to Energy
Research Centers, various locations, $3,000,000.
(C) Project 78 - 2-c, low Btu fuel gas small industrial
demonstration plants, sites undetermined (A--E and long-lead
procurement only), $6,000,000.
(D) Project 78 - 2-d, solvent refined coal demonstration plant,
site undetermined (total estimated cost is $30,000,000, including
the Federal share thereof), $30,000,000.
(3) Magnetic Fusion:
(A) Project 78 - 3-a, mirror fusion test facility, Lawrence
Livermore Laboratory, California, $94,200,000.
(B) Project 78 - 3-b, fusion materials irradiation test
facility, Hanford Engineering Development Laboratory, Washington
(A--E and long-lead procurement), $14,400,000.
(4) Fuel Cycle Research and Development:
(A) Project 78 - 5-a, facilities for the national waste
terminal storage program, site undetermined (land acquisition,
A--E and long-lead procurement), $10,000,000.
(B) Project 78 - 5-b, liquid metal fast breeder reactor
integrated prototype equipment test facility, Oak Ridge National
Laboratory, Oak Ridge, Tennessee (A--E and long-lead procurement
only), $3,000,000.
(C) Project 78 - 5-c, advanced isotope separation facility,
site undertimed (A--E only), $3,500,000.
(5) Liquid Metal Fast Breeder Reactor:
(A) Project 78 - 6-a, modifications to reactors, $8,700,000.
(B) Project 78 - 6-b, safeguards and security upgrading, Idaho
Falls, Idaho, and Chicago, Illinois, $4,935,000.
(C) Project 78 - 6-c, safety research experimental facility,
Idaho National Engineering Laboratory, Idaho (A--E, long-lead
procurement and limited construction only), $20,100,000.
(D) Project 78 - 6-d, experimental breeder reactor II
modification, Idaho Falls, Idaho (A--E and selected long-lead
procurement only), $3,100,000.
(E) Project 78 - 6-e, modifications to facilities, Liquid Metal
Engineering Center, Santa Susanna, California (A--E only),
$4,000,000.
(F) Project 78 - 6-f, fuels and materials examination facility,
Hanford Engineering Development Laboratory, Washington,
$134,800,000.
(G) Project 78 - 7-a, modifications to utility system 300 area,
Hanford Engineering Developmen Laboratory, Washington, $3,600,000.
(H) Project 78 - 7-b, test reactor area steam distribution
system upgrade, Idaho National Engineering Laboratory, Idaho,
$1,100,000.
(6) Light Water Reactor Safety Facilities:
(A) Project 78 - 8-a, upgrade Test Area North hot shop
facility, Idaho National Engineering Laboratory, Idaho,
$3,000,000.
(7) Environmental Research and Development:
(A) Project 78 - 9-a, modifications and additions to biomedical
and environmental research facilities, various locations,
$6,000,000.
(8) High Energy Physics:
(A) Project 78 - 10-a, accelerator improvements and
modifications, various locations, $4,500,000.
(B) 78 - 10-b, proton-proton intersecting storage accelerator
facility, Brookhaven National Laboratory, $10,500,000.
(C) Project 78 - 11-a, master substation reliability and
capacity improvements, Stanford Linear Accelerator Center,
California, $1,700,000.
(9) Nuclear Physics:
(A) Project 78 - 12-a, accelerator and reactor improvements and
modifications, various locations, $1,900,000.
(B) Project 78 - 12-b, high intensity uranium beams, Lawrence
Berkeley Laboratory, California, $6,000,000.
(10) Basic Energy Sciences:
(A) Project 78 - 13-a, national synchrotron light source,
Brookhaven National Laboratory, New York, $24,000,000.
(B) Project 78 - 13-b, combustion research facility, Sandia
Laboratories, Livermore, California, $9,400,000.
(11) Uranium Enrichment:
(A) Project 78 - 14-a, centrifuge facilities modifications,
various locations, $30,000,000.
(B) Project 78 - 14-b, process control modifications, plants,
various locations, $17,400,000.
(C) Project 78 - 15-a, water system improvements, gaseous
diffusion plant, Paducah, Kentucky, $4,500,000.
(12) Program Management and Support:
(A) Project 78 - 1-b, chiller modifications for energy
conservation, Bendix Plant, Kansas City, Missouri, $830,000.
(B) Project 78 - 1-c, process waste heat utilization, gaseous
diffusion plant, Paducah, Kentucky, $5,700,000.
(C) Project 78 - 19-a, program support facility, Argonne
National Laboratory, Illinois (A--E and long-lead procurement
only), $5,000,000.
(13) Project 78 - 21, General Plant Projects, $44,265,000.
(14) Project 78 - 22, Construction Planning and Design, $10,000,000.
(15) Capital Equipment Not Related to Construction:
(A) Conservation research and development, $8,670,000.
(B) Fossil energy development, $5,500,000.
(C) Solar energy development, $7,900,000.
(D) Geothermal energy development, $2,500,000.
(E) Magnetic fusion, $27,600,000.
(F) Fuel cycle research and development, $25,300,000.
(G) Liquid metal fast breeder reactor, $35,650,000.
(H) Nuclear research and applications, $18,595,000.
(I) Light water reactor safety facilities, $800,000.
(J) High energy physics, nuclear physics, and basic energy
sciences, $61,300,000.
(K) Nuclear materials, security and safeguards, $2,794,000.
(L) Uranium enrichment, $19,000,000.
(M) Environmental research and development, $19,025,000.
(N) Program management and support, $4,955,000.
(b) (1) There is authorized an additional sum of $100,000,000 for the
process equipment modifications, gaseous diffusion plants (project 71 -
1-f), authorized by section 101 (b) (1) of Public Law 91 - 273 (for a
total project authorization of $920,000,000).
(2) There is authorized an additional sum of $42, 700,000 for the
cascade uprating program, gaseous diffusion plants (project 74 - 1-g),
authorized by section 101 (b) (1) of Public Law 92 - 60 (for a total
project authorization of $460,000,000).
(3) There is authorized an additional sum of $30,000,000 for the high
Btu synthetic pipeline gas demonstration plant (project 76 - 1-b)
authorized by section 101 (b) (1) of Public Law 94 - 187 (for a total
project authorization of $55,000,000).
(4) There is authorized an additional sum of $131,250,000 for the low
Btu fuel gas demonstration plant (project 76 - 1-c) authorized by
section 101 (b) (1) of Public Law 94 - 187 (for a total project
authorization of $150,000,000).
(5) There is authorized an additional sum of $41,000,000 for the ten
megawatt central receiver solar thermal powerplant, Barstow, California
(project 76 - 2-b), authorized by section 101 (b) (2) of Public Law 94 -
187 (for a total project authorization of $47,250,000): Provided, That
if the solar electrical generating facility hereby supported contributes
electricity to a distribution network serving the public on a commercial
basis and if any Federal monetary contribution is included in the rate
base for the purpose of computing return on capital investment to such
utilities, that portion of the capital costs derived from Federal funds
and included in the rate base shall be recovered with interest from the
revenues of the solar facility.
(6) There is authorized an additional sum of $24,000,000 for the
Tokamak fusion test reactor, Princeton Plasma Physics Laboratory,
Plainsboro, New Jersey (project 76 - 5-a), authorized by section 101 (b)
(5) of Public Law 94 - 187 (for a total project authorization of
$238,600,000).
(7) There is authorized an additional sum of $1,750,000 for the
conversion of existing steamplants to coal capability, gaseous diffusion
plants and Feed Materials Production Center, Fernald, Ohio (project 76 -
8-e), authorized by section 101 (b) (8) of Public Law 94 - 187 (for a
total project authorization of $15,250,000).
(8) There is authorized an additional sum of $107,630,000 for the
enriched uranium production facilities, gas centrifuge (project 76 -
8-g), authorized by section 101 (b) (8) of Public Law 94 - 187 (for a
total project authorization of $362,630,000).
(9) There is authorized an additional sum of $5,500,000 for the MHD
component development and integration facility (project 77 - 1-d)
authorized by Public Law 94 - 373 (for a total project authorization of
$13,200,000).
(10) There is authorized an additional sum of $5,000,000 for the high
performance fuel laboratory, Richland, Washington (A--E only) (project
77 - 4-c) (for a total project authorization of $6,500,000).
(11) There is authorized an additional sum of $23,000,000 for the
fuel storage facility, Richland, Washington (project 77 - 4-d) (for a
total project authorization of $30,000,000).
(12) There is authorized an additional $3,200,000 for the 14 Mev
intense neutron source facility, Los Alamos Scientific Laboratory, New
Mexico (project 76 - 5-b) authorized by Public Law 94 - 187 (for a total
project authorization of $25,300,000).
Sec. 103. Public Law 93 - 276, as amended, is further amended by
rescinding therefrom authorization for project 75 - 5-g, molten salt
breeder reactor (preliminary planning preparatory to possible future
demonstration project), $1,500,000, except for any funds heretofore
obligated.
Sec. 104. // 42 USC 7151a. // (a) Notwithstanding any other
provision of law, jurisdiction over matters transferred to the
Department of Energy from the Energy Research and Development
Administration which on the effective date of such transfer were
required by law, regulation, or administrative order to be made on the
record after an opportunity for an agency hearing may be assigned to the
Federal Energy Regulatory Commission or retained by the Secretary at his
discretion.
(b) // 42 USC 7135a. // Notwithstanding any other provision of law,
the Secretary of Energy shall not be required to delegate to the
Administrator of the Energy Information Administration any energy
research, development, and demonstration function vested in the
Secretary, pursuant to the Atomic Energy Act, the Federal Nonnuclear
Energy Research and Development Act, the Geothermal Research,
Development and Demonstration Act, the Electric and Hybrid Vehicle
Research, Development and Demonstration Act, the Solar Heating and
Cooling Demonstration Act, the Solar Energy Research, Development and
Demonstration Act, and the Energy Reorganization Act. Additionally, the
Secretary may utilize the capabilities of the Energy Information
Administration as he deems appropriate for the conduct of such programs.
(c) // 42 USC 7257 note. // As part of the Department of Energy's
responsibility to keep the Congress fully and currently informed, the
Secretary shall make the following reports:
(i) any proposal by the Secretary of the Department of Energy
to terminate or make major changes in activities of the
Government-owned and contractor-operated facilities, the national
laboratories, energy research centers and the operations offices
managing such laboratories, shall not be implemented until the
Secretary transmits the proposal, together with all pertinent
data, to the Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate, and waits a period of thirty calendar days (not
including any day on which either House of Congress is not in
session because of an adjournment of more than three calendar days
to a day certain) from the date on which such report is received
by such committees; and
(ii) by January 31, 1978, the Secretary shall file a full and
complete report on each such proposal which he has implemented, as
described in the preceeding paragraph, and any major program
structure change with the Commission on Science and Technology of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
Sec. 105. (a) The Secretary of Energy shall prepare and submit to
the Congress within one year after the date of the enactment of this Act
a study which considers the available options, including, but not
limited to--,
(1) Federal technical and financial aid in support of
decommissioning high level waste disposal operations at the
Western New York Nuclear Service Center;
(2) Federal operation of the Western New York Nuclear Service
Center for the purpose of decommissioning existing facilities and
disposing of exising high level wastes, including a demonstration
program for the solidification of high level wastes for permanent
burial;
(3) permanent Federal ownership of and responsibility for all
or part of the Western New York Nuclear Service Center, and
Federal receipt of the license from the present co-licensees;
and
(4) use of the Western New York Nuclear Service Center for
other purposes.
(b) Preparation of such study shall be in cooperation with the
Nuclear Regulatory Commission and other Federal agencies, the State of
New York, the industrial participants, and the public, and the Secretary
of Energy shall conduct informational public hearings (in lieu of any
formal administrative hearings) prior to completion of the study. The
study shall recommend allocation of existing and future responsibilities
among the Federal Government, the State of New York, and present
industrial participants in the Western New York Nuclear Service Center.
(c) Ninety days prior to submission of the study to the Congress the
Secretary of Energy shall release the proposed study for comment by
interested parties, and such comments as are recieved shall be submitted
as attachments to the final study submitted to the Congress.
(d) Nothing in this section shall be construed as intending to commit
the Federal Government to any new assistance or participation in the
Western New York Nuclear Service Center, nor as relieving any party of
any duties or responsibilities under any law, regulation, or contract to
provide for the safe storage of nuclear waste.
(e) For the purpose of carrying out the provisions of this section,
there is included in subsection 101 (20) of this Act authorization of
appropriations in the amount of $1,000,000.
Sec. 106. (a) The Department of Energy shall conduct a study of the
Barnwell Nuclear Fuel Plant located in South Carolina to determine if
that facility may be utilized in support of the nonproliferation
objectives of the United States.
(b) The study required under subsection (a) shall--,
(1) include an evaluation of the multinational and
international management options available for utilizing the
Barnwell facility;
(2) include an evaluation of how Barnwell facility might be
used to contribute to the INFCE, including preliminary studies on
siting and design for adjacent facilities to the Barnwell
Separations Plant to solidify liquid waste and mixed oxide
evolving from the chemical separations process (these preliminary
efforts being consistent with similar efforts undertaken as part
of the INFCE);
(3) include an evaluation of a possible role for the IAEA in
utilization of Barnwell facility for international
non-proliferation programs;
(4) include an evaluation of the means by which the Barnwell
facility could be used in demonstration of improved safeguards
equipment and proceedings;
(5) include an evaluation of how the Barnwell facility can be
used to complement the United States-approved research and
development program at the Japanese Tokai Mura Reprocessing Plant,
and non-proliferation research activities to be undertaken at the
British Windscale Reprocessing Plant; and
(6) include an evaluation of whether and how the Barnwell
facility might be transferred to the Federal Government.
(c) In carrying out the study required under subsection (a) due
consideration shall be given to the impact which the effective and
efficient use of resources and the independence of resource supply can
have in assuring our national security objectives.
(d) The study shall be completed and a report submitted to the
Congress not later than six months after the date that funds are
appropriated for carrying out the purposes of this section. In
addition, the report shall include recommendations and funding
requirements to implement recommended programs resulting from such
study.
(e) For the purpose of carrying out the provisions of this section,
there is included in subsection 101 (20) of this Act an authorization of
appropriations in the amount of $1,000,000.
Sec. 107. // 42 USC 2074a. // Department of Energy is hereby
authorized to undertake studies, in cooperation with other nations, on a
multinational or international basis designed to determine the general
feasibility of expanding capacity of existing spent fuel storage
facilities; to enter into agreements, subject to the consent of the
Congress (by joint or concurrent resolution or legislation hereafter
enacted), with other nations or groups of nations, for providing
appropriate support to increase international or multinational spent
fuel storage capacity; to conduct studies on the feasibility of
establishing regional storage sites; and to conduct studies on
international transportation and storage systems. For the purpose of
carrying out the provisions of this section, there is included in
subsection 101 (20) of this Act authorization of appropriations in the
amount of $20,000,000: Provided, That notwithstanding any other
provision of law, that none of the funds made available to the Secretary
of Energy under any other authorization or appropriation Act shall be
used, directly or indirectly, for the repurchase, transportation or
storage of any foreign spent nuclear fuel (including any nuclear fuel
irradiated in any nuclear power reactor located outside of the United
States and operated by any foreign legal entity, government or
nongovernment, regardless of the legal ownership or control of the fuel
or the reactor, but not including fuel irradiated in a research reactor,
and not including fuel irradiated in a power reactor if the President
determines that (1) use of funds for repurchase, transportation or
storage of such fuel is required by an emergency situation, (2) it is in
the interest of the common defense and security of the United States to
take such action, and (3) he notifies the Congress of the determination
and action, with a detailed explanation and justification thereof, as
soon as possible) unless the President formally notifies, with the
report information specified herein, the Committee on Energy and Natural
Resources of the Senate and the Committee on Science and Technology of
the House of Representatives of such use of funds thirty calendar days,
during such time as either House of Congress is in session, before the
commitment, expenditure, or obligation of such funds: And provided
further, That, notwithstanding any other provision of law, that none of
the funds appropriated pursuant to this Act or any other funds made
available to the Secretary of Energy under any other authorization or
appropriation Act shall be used, directly or indirectly, for the
repurchase, transportation, or storage of any such foreign spent nuclear
fuel for storage or other disposition, interim or permanent, in the
United States, unless the use of the funds for that specific purpose has
been (1) previously and expressly authorized by Congress in legislation
hereafter enacted, (2) previously and expressly authorized by a
concurrent resolution, or (3) the President submits a plan for such use,
with the report information specified herein, thirty days during which
the Congress is in continous session, as defined in the Impoundment
Control Act of 1974, // 31 USC 1301 note. // prior to such use and
neither House of Congress approves a resolution of disapproval of the
plan prior to the expiration of the aforementioned thirty-day period.
If such a resolution of disapproval has been introduced, but has not
been reported by the Committee on or before the twentieth day after
transmission of the Presidential message, a priviledged motion shall be
in order in the respective body to discharge the Committee from further
consideration of the resolution and to provide for its immediate
consideration, using the procedures specified for consideration of an
impoundment resolution in section 1017 of the Impoundment Control Act of
1974 (31 U.S.C. 1407). Any report or plan proposed under this proviso
shall include information and any supporting documentation thereof
relating to policy objectives, technical description and discussion,
geographic information, cost data, justification and projections, legal
and regulatory considerations, environmental impact information and any
related bilateral or international agreements, arrangements or
understandings: And provided further, That nothing contained in this
section shall be construed in any executive branch action,
administrative proceeding, regulatory proceeding, or legal proceeding as
being intended to delay, modify, or reverse the Memorandum and Order of
the Nuclear Regulatory Commission of June 28, 1977, for the issuance of
License No. XSNM-845 to the agent-applicant for the Government of India
and the subsequent export thereby licensed of the special nuclear
material to be used as fuel for the Tarapur Atomic Power Station or any
other order of the Nuclear Regulatory Commission to issue a license for
the export of special nuclear material and subsequent exports thereby
licensed, or any consideration by the Nuclear Regulatory Commission of a
license application for the export of special nuclear material.
Sec. 201. Title I of the Energy Reorganization Act of 1974 // 42 USC
5811. // is amended by adding at the end thereof the following new
section:
" Sec. 111. // 42 USC 5821. // (a) All appropriations made to the
Energy Research and Development Administration or the Administrator
shall, except as otherwise provided by law, be subject to annual
authorization in accordance with section 261 of the Atomic Energy Act of
1954, // 42 USC 2017. // section 16 of the Federal Nonnuclear Energy
Research and Development Act of 1974, // 42 USC 5915. // and section
305 of this Act. The provisions of this section shall apply with
respect to appropriations made pursuant to the Act providing such
authorization (hereinafter in this section referred to as 'annual
authorization Acts').
"(b) (1) Funds appropriated pursuant to an annual authorization Act
for ' Operating expenses' may be used for--,
"(A) the construction or acquistion of any facilities, or major
items of equipment, which may be required at locations other than
installations of the Administration, for the performance of
research, development, and demonstration activities, and
"(B) grants to any organization for purchase or construction of
research facilities.
No such funds shall be used under this subsection for the acquisition of
land. Fee title to all such facilities and items of equipment shall be
vested in the United States, unless the Administrator or his designee
determines in writing that the research, development, and demonstration
authorized by such Act would best be implemented by permitted fee title
or any other property interest to be vested in an entity other than the
United States; but before approving the vesting of such title or
interest in such entity, the Administrator shall (i) transmit such
determination, together with all pertinent data, to the Committee on
Science and Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate and (ii) wait a period of
thirty calendar days (not including any day in which either House of
Congress is not in session because of adjournment of more than three
calendar days to a day certain), unless prior to the expiration of such
period each such committee has transmitted to the Administrator written
notice to the effect that such committee has no objection to the
proposed action.
"(2) No funds shall be used under paragraph (1) for any facility or
major item of equipment, including collateral equipment, if the
estimated cost to the Federal Government exceeds $5,000,000 in the case
of such a facility or item has been previously authorized by the
appropraite committees of the House of Representatives and the Senate,
or the Administrator--,
"(A) transit to the appropriate committees of the House of
Representatives and the Senate a report on such facility or item
showing its nature, purpose, and estimated cost, and
"(B) waits a period of thirty calendar days (not including any
day in which either House of Congress is not in session because of
adjournment of more than three calendar days to a day certain),
unless prior to the expiration of such period each such committee
has transmitted to the Administrator written notice to the effect
that such committee has no objection to the proposed action.
"(c) (1) Not to exceed 1 per centum of all funds appropriated
pursuant to any annual authorization Act for ' Operating expenses' may
be used by the Administrator to construct, expand, or modify
laboratories and other facilities, including the acquisition of land, at
any location under the control of the Administrator, if the
Administrator determines that (A) such action would be necessary because
of changes in the national programs authorized to be funded by such Act
or because of new scientific or engineering developments, and (B)
deferral of such action until the enactment of the next authorization
Act would be inconsistent with the policies established by Congress for
the Administration.
"(2) No funds may be obligated for expenditure or expended under
paragraph (1) for activities described in such paragraph unless--,
"(A) a period of thirty calendar days (not including any day in
which either House of Congress is not in session because of
adjournment of more than three calendar days to a day certain) has
passed after the Administrator has transmitted to the appropriate
committes of the House of Reprentatives and the Senate a written
report containing a full and complete statement concerning (i) the
nature of the construction, expansion, or modification involved,
(ii) the cost thereof, including the cost of any real estate
action pertaining thereto, and (iii) the reason why such
construction, expansion, or modification is necessary and in the
national interest, or
"(B) each such committee before the expiration of such period
has transmitted to the Administrator a written notice to the
effect that such committee has no objection to the proposal
action;
except that this paragraph shall not apply to any project the estimated
total cost of which does not exceed $50,000.
"(d) (1) Except as otherwise provided in the authorization Act
involved--,
"(A) no amount appropriated pursuant to any annual
authorization Act may be used for any program in excess of the
amount actually authorized for that particular program by such
Act, and
"(B) no amount appropriated pursuant to any annual
authorization Act may be used for any program which has not been
presented to, or requested of the Congress,
unless (i) a period of thirty calendar days to a day certain) has passed
after the receipt by the appropriate committees of the House of
Representatives and the Senate of notice given by the Administrator
containing a full and complete statement of the action proposed to be
taken and the facts and circumstances relied upon in support of such
proposed action, or (ii) each such committee before the expiration of
such period has transmitted to the Administrator written notice to the
effect that such committee has no objection to the proposed action.
"(2) Notwithstanding any other provision of this section or the
authorization Act involved, the aggregate amount available for use
within the categories of coal, petroleum and natural gas, oil shale,
solar, geothermal, nuclear energy (non-weapons), environment and safety,
and conservation from sums appropriated pursuant to an annual
authorization Act may not, as a result of reprogramming, be decreased by
more than 10 per centum of the total of the sums appropriated pursuant
to such Act for those categories.
"(e) Subject to the applicable requirements and limitation of this
section and the authorization Act involved, when so specified in an
appropriation Act, amounts appropriated pursuant to any annual
authorization Act for ' Operating expenses' or for ' Plant and capital
equipment' may be merged with any other amounts appropriated for like
purposes pursuant to any other Act authorizing appropriations for the
Administration: Provided, That no such amounts appropriated for ' Plant
and capital equipment' may be merged with amounts appropriated for '
Operating expenses'.
"(f) When so specified in an appropriation Act, amounts appropriated
pursuant to any annual authorization Act for ' Operating expenses' or
for ' Plant and capital equipment' may remain available until expended.
"(g) The Administrator is authorized to perform construction design
services for any adminisration construction project whenever (1) such
construction project has been included in a proposal authorization bill
transmitted to the Congress by the Administration, and (2) the
Administration determines that the project is of such urgency in order
to meet the needs of national defense or protection of life and property
or health and safety that construction of the project should be
initiated promptly upon enactment of legislation appropriating funds for
its construction.
"(h) When so specified in appropriation Acts, any moneys recieved by
the Administration may be retained and used for operating expenses, and
may remain available until expended, notwithstanding the provisions of
section 3617 of the Revised Statutes (31 U.S.S. 484); except that--,
"(1) this subsection shall not apply with respect to sums
received from disposal of property under the Atomic Energy
Community Act of 1955 or the Strategic and Critical Materials
Stockpiling Act, as amended, or with respect to fees received for
tests or investigations under the Act of May 16, 1910, as amended
(42 U.S.C. 2301; 50 U.S.C. 98h; 30 U.S.C. 7); and
"(2) revenues recieved by the Administration from the
enrichment of uranium shall (when so specified) be retained and
used for the specific purpose of offsetting costs incurred by the
Administration in providing uranium enrichment service activities.
"(i) When so specified in an appropriation Act, transfers of sums
from the ' Operating expenses' appropriation made pursuant to an annual
authorization Act may be made to other agencies of the Government for
the performance of the work for which the appropriation is made, and in
such cases the sums so transferred may be merged with the appropriations
to which they are transferred.".
Sec. 202. (a) The Secretary of Energy is authorized to start any
project set forth in section 102(a) (1) through (12) only if at the time
the project is started the then currently estimated cost does not exceed
by more than 25 per centum the estimated cost set forth for that
project; and the total cost of any such project shall not exceed the
estimated cost set forth for that project by more than 25 per centum (if
such estimated cost was $5,000,000 or more) unless and until
appropriations covering such excess are authorized.
(b) The Secretary of Energy is authorized to start any project under
section 102(a) (13) only if the maximum currently estimated cost of such
project does not exceed $750,000 and the then maximum currently
estimated cost of any building included in the project does not exceed
$300,000 and the total cost of all projects undertaken under such
section shall not exceed the estimated cost set forth in such section by
more than 10 per centum.
Sec. 203. // 22 USC 2429 note. // The Secretary of Energy, in
cooperation with the Secretary of State, shall report to the Committees
on Science and Technology and International Relations of the House of
Representatives and the Committees on Energy and Natural Resources and
Foreign Relations of the Senate, within six months after the date of the
enactment of this Act, on the effects of the April 20, 1977, message
from the President of the United States, " Establishing for the United
States a Strong and Effective Nuclear Non-Proliferation Policy", on
nuclear research and development cooperative agreements. This report
shall include impacts of the message and related initiatives through the
promulgation, repeal, or modification of Executive orders, Presidential
proclamations, treaties, other international agreements, and other
pertinent documents of the President, the Executive Office of the
President, the administrative agencies, and the departments, on
cooperation between the Unites States and any other nation in the
research, development, demonstration, and commercialization of all
nuclear fission and nuclear fusion technologies. After the initial
report, the Administrator shall report to such Committees on each
subsequent major related initiative.
Sec. 204. // 42 USC 7256 note. // (a) In carrying out the programs
for which funds are authorized by this Act, the Secretary of Energy
shall provide a realistic and adequate opportunity for small business
concerns to participate in such programs to the optimum extent feasible
consistent with the size and nature of the projects and activities
involved.
(b) At least once every six months, or upon request, the Secretary of
Energy shall submit to the appropriate committees of the House of
Representatives and the Senate a full report on the actions taken in
carrying out subsection (a) during the preceding six months, including
the extent to which small business concerns are participating in the
programs involved and in projects and activities of various types and
sizes within each such program, and indicating the steps currently being
taken to assure such participation in the future.
Sec. 205. // 42 USC 2391. // (a) Section 91 of chapter 9 of the
Atomic Energy Community Act of 1955 // 42 USC 2391. // is amended--,
(1) by striking out subsection a. and inserting in lieu
thereof the following:
"a. From the date of transfer of any municipal installations to a
governmental or other entity at or for the community, the Administrator
is authorized, for a period of ten years, to make annual assistance
payments of just and resonable sums to the State, county, or local
entity having jurisidiction to collect property taxes or to the entity
receiving the installation transferred hereunder: Provided, however,
That with respect to the cities of Oak Ridge, Tennessee, and Richland,
Washington, the Richland School District, the Los Alamos School Board,
and the county of Los Alamos, New Mexico, the Administrator is
authorized to continue to make assistance payments of just and
reasonable sums after expiration of such ten-year period: Provided
further, That the Administrator is also authorized to make payments of
just and reasonable sums to Anderson County and Roane County, Tennessee.
In determining the amount and recipient of such payments the
Administrator shall consider--,
"(1) the approximate real property taxes and assessments for
local improvements which would be paid to the governmental entity
upon property within the community if such property were not
exempt from taxation by reason of Federal ownership;
"(2) the maintaining of municipal services at a level which
will not impede the recruitment or retention of personnel
essential to the Energy Research and Development Administration
programs;
"(3) the fiscal problems peculiar to the governmental entity b
by reason of the construction at the community as a single-purpose
national defense installation under emergency conditions;
"(4) the municipal services and other burdens imposed on the
governmental or other entities at the community by the United
States in its operations in the project area; and
"(5) the tax revenues and sources available to the governmental
entity, its efforts and diligence in collection of taxes,
assessment of property, and the efficiency of its operations", and
(2) by striking out subsection d. and inserting in lieu
thereof the following:
"d. With respect to any entity not less than six months prior to the
expiration of the ten-year period referred to in subsection a. (or not
less than six months prior to June 30, 1979, in the case of the cities
of Oak Ridge, Tennessee, and Richland, Washington, and the Richland
School District ; or not less than six months prior to June 30, 1986,
in the case of Anderson County and Roane County, Tennessee, and the Los
Alamos School Board; and not less than six months prior to June 30,
1987, in the case of the county of Los Alamos, New Mexico), the
Administrator shall present to the appropriate committees of the House
of Representatives and the Senate recommendations as to the need for any
further assistance payments to such entity.".
(b) Chapter 9 of such Act // 42 USC 2394. // is further amended by
striking out section 94 and inserting in lieu thereof the following:
" Sec. 94. CONTRACTS.-- The Administrator is authorized, without
regard to section 3679 of the Revised Statutes, // 42 USC 665. / to
enter into a contract with any governmental or other entity to which
payments are authorized to be made by section 91: Provided, however,
That the term of such contracts, in the case of the cities of Oak Ridge,
Tennessee, and Richland, Washington, and the Richland School District,
shall not exceed beyond June 30, 1979; and in the case of the Los
Alamos School Board shall not extend beyond June 30, 1986; and in the
case of the county of Los Alamos, New Mexico, shall not extend beyond
June 30, 1987.".
Sec. 206. (a) Section 6 of the Federal Nonuclear Energy Research
and Development Act of 1974 // 42 USC 5905. // is amended by adding at
the end thereof the following new subsection:
"(c) Based upon the comprehensive plan developed under subsection
(a), the Administrator shall develop and transmit to the Congress, on or
before September 1, 1978, a comprehensive environment and safety program
to insure the full consideration and evaluation of all environmental,
health, and safety impacts of each element, program, or initiative
contained in the nuclear and nonnuclear energy research, development,
and demonstration plans.".
(b) Section 15 (a) of such Act // 42 USC 5914. // is amended--,
(1) by striking out "and" at the end of prargraph (2),
(2) by striking out the comma at the end of prargraph (3) and
inserting in lieu thereof"; and", and
(3) by inserting after paragraph (3) the following new
paragraph:
"(4) a detailed description of the environmental and safety
research, development, and demonstration activities carried out
and in progress including the procedures adopted to mitigate
undesirable environmental and safety impacts".
Sec. 207. (a) Section 7(a) of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5906) is amended--,
(1) by striking out "and" after the semicolon at the end of
paragraph (5),
(2) by striking out the period at the end of paragraph (6) and
inserting in lieu thereof ";and", and
(3) by adding at the end thereof the following new paragraph:
"(7) Federal loan guarantees and commitments thereof as
provided in section 19.".
(b) The Federal Nonnuclear Energy Research and Development Act of
1974 (42 U.S.C. 5901, et seq.) is further amended by adding at the end
thereof the following new section:
" Sec. 19. // 42 USC 5919. // (a) It is the purpose of this
section--,
"(1) to assure adequate Federal support to foster a
demonstration program to produce alternative fuels from coal, oil
shale, biomass, and other domestic resources;
"(2) to authorize assistance, through loan guarantees under
subsection (b) and (y) for construction and startup and related
costs, to demonstration facilities for the conversion of domestic
coal, oil shale, biomass, and other domestic resources into
alternative fuels; and
"(3) to gather information about the technological, economic,
environmental, and social costs, benefits, and impacts of such
demonstration facilities.
"(b) (1) Except as provided in paragraph (5) of this subsection and
subsection (y) of this section the Administrator is authorized, in
accordance with such rules and regulations as he shall prescribe after
consultation with the Secretary of the Treasury, to guarantee and to
make commitments to guarantee, in such manner and subject to such
conditions (not inconsistent with the provisions of this Act) as he
deems appropriate, the payment of interest on, and the principal balance
of, bonds, debentures, notes, and other obligations issued by, or on
behalf of, any borrower for the purpose of financing the construction
and startup costs of demonstration facilities for the conversion of
domestic coal, oil shale, biomass, and other domestic resources into
alternative fuels: Provided, That no loan guarantee for a full sized
oil shale facility shall be provided under this section until after
successful demonstration of a modular facility producing between six and
ten thousand barrels per day, taking into account such considerations as
water usuage, environmental effects, waste disposal, labor conditions,
health and safety, and the socioeconomic impacts on local communities:
Provided further, That no loan guarantee shall be available under this
subsection for the manufacture of component parts for demonstration
facilities eligible for assistance under this subsection.
"(2) An applicant for any financial assistance under this section
shall provide information to the Administrator in such form and with
such content as the Administrator deems necessary.
"(3) Prior to issuing any guarantee under this section the
Administrator shall obtain the concurrence of the Secretary of the
Treasury with respect to the timing, interest rate, and substantial
terms and conditions of such guarantee. The Secretary of the Treasury
shall insure to the maximum extent feasible that the timing, interest
rate, and substanial terms and conditions of such guarantee will have
the minimum possible impact on the capital markets of the United States,
taking into account other Federal direct and indirect securities
activities.
"(4) The full faith and credit of the United States is pledged to the
payment of all guarantees issued under this section with respect to
principal and interest.
"(5) (A) The Administrator is authorized, in the case of a facility
for the conversion of oil shale to alternative fuels which is determined
by the Administrator pursuant to the proviso in paragraph (1) of this
subsection, to be constructed at a modular size, to enter into a
cooperative agreement with the applicant in accordance with section 8 of
this Act // 42 USC 5907. // and the other provisions of this Act to
share the estimated total design and construction costs, plus operation
and maintenance costs, of such modular facility. The Federal share
shall not exceed 75 per centum of such costs. All receipts for the sale
of any products produced during the operation of the facility shall be
used to offset the costs incurred in the operation and maintenance of
the facility. The provisions of subsections (d), (e), (k), (m), (p),
(s), (t), (u), (v), (w), and (x) shall apply to any such modular
facility. The provisions of this section shall apply to any loan
guarantee for such modular facility.
"(B) After successful demonstration of the modular facility, as
determined by the Administrator, the facility is eligible for financial
assistance under this section for purposes of expansion to a full sized
facility and the applicant may purchase the Federal interest in the
modular facility as represented by the Federal share thereof by means of
(i) a cash payment to the United States, or (ii) a share of the product
or sales resulting from such expanded operation, as determined by the
Administrator. If expansion of such facility is determined not to be
warranted by the Administrator, he may, at the option of the applicant,
dispose of the modular facility to the applicant at not less than fair
market value, as determined by the Administrator as of the date of the
disposal, or otherwise dispose of it, in accordance with applicable
provisions of law, and distribute the net proceeds thereof, after
expenses of such disposal, to the applicant in proportion to the
applicant's share of the costs of such facility.
"(6) To the extent possible, loan guarantees shall be issued on the
basis of competitive bidding among guarantee applicants in a particular
technology area.
"(c) The Administrator, with due regard for the need for competion,
shall guarantee or make a commitment to guarantee any obligation under
subsection (b) or (y) only if--,
"(1) the Administrator is satisfied that the financial
assistance applied for is necessary to encourage financial
participation;
"(2) the amount guaranteed to any borrower at any time does not
exceed--,
"(A) an amount equal to 75 per centum of the project cost of
the demonstration facility as estimated at the time the guarantee
is issued, which cost shall not include amounts expended for
facilities and equipment used in the extraction of a mineral other
than coal or shale, and in the case of coal only to the extent
that the Administrator determines that the coal is to be converted
to alternative fuel; and
"(B) an amount equal to 60 per centum of that portion of the
actual total project cost of such facility as estimated at the
time the loan guarantee is issued;
"(3) the Administrator has determined, that there will be a
continued reasonable assurance of full repayment;
"(4) the obligation is subject to the condition that it not be
subordinated to any other financing;
"(5) the Administrator has determined, taking into
consideration all reasonably available forms of assistance under
this section and other Federal and State statutes, that the
impacts resulting from the proposed demonstration facility have
been fully evaluated by the borrower, the Administrator, and the
Governor of the affected State, and that effective steps have been
taken or will be taken in a timely manner to finance community
planning and development costs resulting from such facility under
this section, under other provisions of law, or by other means;
"(6) the maximum maturity of the obligation does not exceed
twenty years, or 90 per centum of the projected useful economic
life of the physical assets of the demonstration facility covered
by the guarantee, whichever is less, as determined by the
Administrator;
"(7) the Administrator has determined that, in the case of any
demonstration or modular facility planned to be located on Indian
lands, the appropriate Indian tribe, with the approval of the
Secretary of the Interior, has given written consent to such
location;
"(8) the obligation provides for the orderly and ratable
retirement of the obligation and includes sinking fund provisions,
installment payment provisions or other methods of payments and
reserves as may be reasonably required by the Administrator. Prior
to approving any repayment schedule the Administrator may consider
the date on which operating revenues are anticipated to be
generated by the project. To the maximum extent possible
repayment or provision therefor shall be required to be made in
equal payments payable at equal intervals; and
"(9) the obligation provides that the Administrator shall,
after a period of not less than ten years from issuance of the
obligation, taking into consideration whether the Government's
needs for information to be derived from the project have been
substantially met and whether the project is capable of commercial
operation, determine the feasiblity and advisability of
terminating the Federal participation in the project. In the
event that such determination is positive, the Administrator shall
notify the borrower has been unable to secure alternative
financing, the Administrator is authorized to collect from the
borrower an additional fee of 1 per centum per annum on the
remaining obligation to which the Federal guarantee applies.
"(d) Prior to submitting a report to Congress pursuant to subsection
(m) of this section on each guarantee and cooperative agreement, the
Administrator shall request from the Attorney General and the Chairman
of the Federal Trade Commission written views, comments, and
recommendations concerning the impact of such guarantee or commitment or
agreement on competition and concentration in the production of energy
and give due consideration to views, comments, and recommendations
received: Provided, That if either official, within sixty days after
receipt of such request or at any time prior to the Administrator
submitting such report to Congress, recommends against making such
guarantee or commitment or agreement, the proposed guarantee or
commitment or agreement shall be referred to the President, and the
Administrator shall not do so unless the President determines in writing
that such guarantee or commitment or agreement is in the national
interest.
"(e) (1) As soon as the Administrator knows the geographic location
of a proposed facility for which a guarantee or a commitment to
guarantee or cooperative agreement is sought under this section, he
shall inform the Governor of the State, and officials of each political
subdivision and Indian tribe, as appropriate, in which the facility
would be located or which would be impacted by such facility. The
Administrator shall not guarantee or make a commitment to guarantee or
enter into a cooperative agreement under subsection (b) or subsection
(y) of this section, if the Governor of the State in which the proposed
facility would be located recommends that such action not be taken,
unless the Administrator finds that there is an overriding national
interest in taking such action in order to achieve the purpose of this
section. If the Administrator decides to guarantee or make a commitment
to guarantee or enter into a cooperative agreement despite a Governor's
recommendation not to take such action, the Administrator shall
communicate, in writing, to the Governor reasons for not concurring with
such recommendation. This Administrator's decision, pursuant to this
subsection, shall be final unless determined upon judicial review
initiated by the Governor to be unlawful by the reviewing court pursuant
to 5 U.S.C. 706 (2) (A) through (D). Such review shall take place in
the United States court of appeals for the circuit in which the State
involved is located, upon application made within ninety days from the
date of such decision. The Administrator shall, by regulation,
establish procedures for review of, and comment on, the proposed
facility by States, local political subdivisions, and Indian tribes
which may be impacted by such facility, and the general public.
"(2) The Administrator shall review and approve the plans of the
applicant for the construction and operation of any demonstration and
related facilities constructed or to be constructed with asssistance
under this section. Such plans and the actual construction shall
include such monitoring and other data-gathering costs associated with
such facility as are required by the comprehensive plan and program
under this section. The Administrator shall determine the estimated
total cost of such demonstration facility, including, but not limited
to, construction costs, statup costs, costs to political subdivisions
and Indian tribe by such facility, and cost of any water storage
facilities needed in connection with such demonstration facility, and
determine who shall pay such costs. Such determination shall not be
binding upon the States, political subdivisions, or Indian tribes.
"(3) There is hereby established a panel to advise the Administration
on matters relating to the program authorized by this section,
including, but not limited to, the impact of the demonstration
facilities on communities and States and Indian tribes, the
environmental and health and safety effects of such facilities, and the
means, measures, and planning for preventing or mitigating such impacts,
and other matters relating to the development of alternative fuels and
other energy sources under this section. This panel shall include such
Governors or their designees as shall be designated by the Chairman of
the National Governors Conference. Representatives of Indian tribes,
industry, environmental organizations, and the general public shall be
appointed by the Administrator. The Chairman of the panel shall be
selected by the Administrator. No person shall be appointed to the
panel who has a financial interest in any applicant applying for
assistance under this section. Members of the panel shall serve without
compensation. The provisions of section 106(e) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5816 (e) shall apply to the panel.
"(f) Except in accordance with resonable terms and conditions
contained in the written contract of guarantee, no guarantee issued or
commitment to guarantee made under this section shall be terminated,
canceled, or otherwise revoked. Such a guarantee or commitment shall be
conclusive evidence that the underlying obligation is in compliance with
the provisions of this section and that such obligation has been
approved and is legal as to principal, interest, and other terms.
Subject to the conditions of the guarantee or commitment to guarantee,
such a guarantee shall be incontestable in the hands of the holder of
the guaranteed obligation, except as to fraud or material
misrepresentation on the part of the holder.
"(g) (1) If there is a default by the borrower, as defined in
regulations promulgated by the Administrator and in the guarantee
contract, the holder of the obligation shall have the right to demand
payment of the unpaid amount from the Administrator. Within such period
as may be specified in the guarantee or related agreements, the
Administrator shall pay to the holder of the obligation the unpaid
interest on, and unpaid principal of, the guaranteed obligation as to
which the borrower has defaulted, unless the Administrator finds that
there was no default by the borrower in the payment of interest or
principal or that such default has been remedied. Nothing in this
section shall be construed to preclude any forebearance by the holder of
the obligation for the benefit of the borrower which may be agreed upon
by the parties to the guaranteed obligation and approved by the
Administrator.
"(2) If the Administrator makes a payment under paragraph (1) of this
subsection, the Administrator shall be subrogated to the rights of the
recipient of such payment (and such subrogation shall be expressly set
forth in the guarantee or related agreements), including the authority
to complete, maintain, operate, lease, or otherwise dispose of any
property acquired pursuant to such guarantee or related agreements, or
any other property of the borrower (of a value equal to the amount of
such payment) to the extent that the guarantee applies to amounts in
excess of the estimated project cost under subsection (c) (2) (B),
without regard to the provisions of the Federal Property and
Administrative Services Act of 1949, as amended, // 40 USC 471 note. //
except section 207 of the Act (40 U.S.C. 488), or any other law, or to
permit the borrower, pursuant to an agreement with the Administrator, to
continue to pursue the purposes of the demonstration facility if the
Administrator determines that this is in the public interest. The
rights of the Administrator with respect to any property acquired
pursuant to such guarantee or related agreements, shall be superior to
the rights of any other person with respect to such property.
"(3) In the event of a default on any guarantee under this section,
the Administrator shall notify the Attorney General, who shall take such
action as may be appropriate to recover the amounts of any payments made
under paragraph (1) including any payment of principal and interest
under subsection (h) from such assets of the defaulting borrower as are
associated with the demonstration facility, or from any other security
included in the terms of the guarantee.
"(4) For purposes of this section, patents, including any inventions
for which a waiver was made by the Administrator under section 9 of this
Act, // 42 USC 5908. // and technology resulting from the demonstration
facility, shall be treated as project assets of such facility. The
guarantee agreement shall include such detailed terms and conditions as
the Administrator deems appropriate to protect the interests of the
United States in the case of default and to have available all the
patents and technology necessary for any person selected, including, but
not limited to the Administrator, to complete and operate the defaulting
project. Futhermore, the guarantee agreement shall contain a provision
specifying that patents, technology, and other proprietary rights which
are necessary for the completion or operation of the demonstration
facility shall be available to the United States and its designees on
equitable terms, including due consideration to the amount of the United
States default payments. Inventions made or conceived in the course of
or under such guarantee, title to which is vested in the United States
under this Act, shall not be treated as project assets of such facility
for disposal purposes under this subsection, unless the Administrator
determines in writing that it is in the best interests of the United
States to do so.
"(h) With respect to any obligation guaranteed under this section,
the Administrator is authorized to enter into a contract to pay, and to
pay, holders of the obligations, for and on behalf of the borrowers,
from the fund established by this section, the principal and interest
payements which become due and payable on the unpaid balance of such
obligation if the Administrator finds that--,
"(1) the borrower is unable to meet such payments and is not in
default; it is in the public interest to permit the borrower to
continue to pursue the purposes of such demonstration facility;
and the probable net benefit to the Federal Government in paying
such principal and interest will be greater than that which would
result in the event of a default;
"(2) the amount of such payment which the Administrator is
authorized to pay shall be no greater than the amount of principal
and interest which the borrower is obligated to pay under the loan
agreement; and
"(3) the borrower agrees to reimburse the Administrator for
such payment on terms and conditions, including interest, which
are satisfactory to the Administrator.
"(i) Regulations required by this section shall be issued within one
hundred and eighty days after enactment of this section. All
regulations under this section and any amendments thereto shall be
issued in accordance with section 553 of title 5, of the United States
Code.
"(j) The Administrator shall charge and collect fees for guarantees
of obligations authorized by subsection (b) (1), in amounts which (1)
are sufficient in the judgement of the Administrator to cover the
applicable administrative costs, and (2) reflect the percentage of
projects costs guaranteed. In no event shall the fee be less than 1 per
centum per annum of the outstanding indebtedness covered by the
guarantee. Nothing in this subsection shall be construed to apply to
community planning and development assistance pursuant to subsection (k)
of this section.
"(k) (1) In accordance with such rules and regulations as the
Administrator in consultation with the Secretary of the Treasury shall
prescribe, and subject to such terms and conditions as he deems
appropriate, the Administrator is authorized, for the purpose of
financing essential community development and planning which directly
result from, or are necessitated by, one or more demonstration
facilities assisted under this section to--,
"(A) guarantee and make commitments to guarantee the payment of
interest on, and the principal balance of obligations for such
financing issued by eligible States, political subdivisions, or
Indian tribes,
"(B) guarantee and make commitments to guarantee the payment of
taxes imposed on such demonstration facilities by eligible
non-Federal taxing authorities which taxes are earmarked by such
authorities to support the payment of interest and principal on
obligations for such financing, and
"(C) require that the applicant for assistance for a
demonstration facility under this section advance sums to eligible
States, political subdivisions, and Indian tribes to pay for the
financing of such development and planning: Provided, That the
State, political subdivision, or Indian tribe agrees to provide
tax abatement credits over the life of the facilities for such
payments by such applicant.
"(2) Prior to issuing any guarantee under this subsection, the
Administrator shall obtain the concurrence of the Secretary of the
Treasury with respect to the timing, interest rate, and substantial
terms and conditions of such guarantee. The Secretary of the Treasury
shall insure to the maximum extent feasible that the timing, interest
rate, and substantial terms and conditions of such guarantee will have
the minimum possible impact on the capital markets of the United States,
taking into account other Federal direct and indirect securities
activities.
"(3) In the event of any default by the borrower in the payment of
taxes guaranteed by the Administrator under this subsection, the
Administrator shall pay out of the fund established by this section such
taxes at the time or times they may fall due, and shall have by resaon
of such payment a claim against the borrower for all sums paid plus
interest.
"(4) If afetr consultation with the State, political subdivision, or
Indian tribe, the Administrator finds that the financial assistance
programs of paragraph (1) of this subsection will not result in
sufficient funds to carry out the purposes of this subsection, then the
Administrator may--,
"(A) make direct loans to the eligible States, political
subdivisions, or Indian tribes for such purposes: Provided, That
such loans shall be made on such reasonable terms and conditions
as the Administrator shall prescribe: Provided further, That the
Administrator may waive repayment of all or part of a loan made
under this paragraph, including interest, if the State or
political subdivision or Indian tribe involved demonstrates to the
satisfaction of the Administrator that due to a change in
circumstances there will be net adverse impacts resulting from
such demonstration facility that would probably cause such State,
subdivision, or tribe to default on the loan; or
"(B) require that any community development and planning costs
which are associated with, or result from, such demonstration
facility and which are determined by the Administrator to be
appropriate for such inclusion shall be included in the total
costs of the demonstration facility.
"(5) The Administrator is further authorized to make grants to
States, political subdivisions, or Indian tribes for studying and
planning for the potential economic, environmental, and social
consequences of demonstration facilities, and for establishing related
management expertise.
"(6) At any time the Administrator may, with the concurrence of the
Secretary of the Treasury, redeem, in whole or in part, out of the fund
established by this section, the debt obligations guaranteed or the debt
obligations for which tax payments are guaranteed under this subsection.
"(7) When one or more States, political subdivisions, or Indian
tribes would be eligible for assistance under this subsection, but for
the fact that construction and operation of the demonstration facilities
occurs outside its jurisdiction, the Administrator is authorized to
provide to the greatest extent possible, arrangements for equitable
sharing of such assistance.
"(8) Such amounts as may be necessary for direct loans and grants
pursuant to this subsection shall be available as provided in annual
authorization Acts.
"(9) The Administrator, if appropriate, shall provide assistance in
the financing of up to 100 per centum of the costs of the required
community development and planning pursuant to this subsection.
"(10) In carrying out the provisions of this subsection, the
Administrator shall provide that title to any facility receiving
financial assistance under this subsection shall vest in the applicable
State, political subdivision, or Indian tribe, as appropriate, and in
case of default by the borrower on a loan guarantee such facility shall
not be considered a project asset for the purposes of subsection (g) of
this section.
"(1) (1) The Administrator is directed to submit a report to the
Congress within one hundred and eighty days after the enactment of this
section setting forth his recommendations on the best opportunities to
implement a program of Federal financial assistance with the objective
of demonstrating production and conservation of energy. Such report
shall be updated and submitted to Congress at least annually and shall
include specific comments and recommendations by the Secretary of the
Treasury on the methods and procedures set forth in sub-paragraph (B)
(viii) of this subsection, including their adequacy, and changes
necessary to satisfy the objectives stated in this subsection. This
report shall include--,
"(A) a study of the purchase or commitment to purchase by the
Federal Government, for the use by the United States, of all or a
portion of the products of any alternative fuel facilities
constructed pursuant to this program as a direct or an alternate
form of Federal assistance, which assistance, if recommended,
shall be carried out pursuant to section 7(a) (4) of this Act;
// 42 USC 5906. //
and
"(B) a comprehensive plan and program to acquire information
and evaluate the environmental, economic, social, and
technological impacts of the demonstration program under this
section. In preparing such a comprehensive plan and program, the
Administrator shall consult with the Environmental Protection
Agency, the Federal Energy Administration, the Department of the
Treasury, and shall include therein, but not be limited to, the
following:
"(i) information about potential demonstration facilities
proposed in the program under this section;
"(ii) any significant adverse impacts which may result from any
activity included in the program;
"(iii) the extent to which it is feasible to commercialize the
technologies as they affect different regions of the Nation;
"(iv) proposed regulations required to carry out the purposes
of this section;
"(v) a list of Federal agencies, governmental entities, and
other persons that will be consulted or utilized to implement the
program;
"(vi) the methods and procedures by which the information
gathered under the program will be analyzed and disseminated;
"(vii) a plan for the study and monitoring of the health
effects of such facilities on workers and other persons,
including, but not limited to, any carcinogenic effect of
alternative fuels; and
"(viii) the methods and procedures to insure that (I) the use
of the Federal assistance for demonstration facilities is kept to
the minimum level necessary for the information objectives of this
section, (II) the impact of loan guarantees on the capital markets
of the United States is minimized, taking into account other
Federal direct and indirect securities activities, and any
economic sectors which may be negatively impacted as a result of
the reduction of capital by the placement of guaranteed loans, and
(III) the granting of Federal loan guarantees under this Act does
not impede movement toward improvement in the climate for
attracting private capital to develop alternative fuels without
continued direct Federal incentives.
"(2) The Administrator shall annually submit a detailed report to the
Congress concerning--,
"(A) the actions taken or not taken by the Administrator under
this section during the preceding fiscal year, and including, but
not be limited to (i) a discussion of the status of each
demonstration facility and related facilities financed under this
section, including progress made in the development of such
facilities, and the expected or actual production from each such
facility, including byproduct production therefrom, and the
distribution of such products and byproducts, (ii) a detailed
statement of the financial conditions of each such demonstration
facility, (iii) data concerning the environmental, community, and
health and safety impacts of each such facility and the actions
taken or planned to prevent or mitigate such impacts, (iv) the
administrative and other costs incurred by the Administrator and
other Federal agencies in carrying out this program, and (v) such
other data as may be helpful in keeping Congress and the public
fully and currently informed about the program authorized by this
section; and
"(B) the activities of the fund referred to in subsection (n)
of this section during the preceding fiscal year, including a
statement of the amount and source of fees or other moneys,
property, or assets deposited into the funds, all payments made,
the notes or other obligations issued by the Administrator, and
such other data as may be appropriate.
"(3) The annual reports required by this subsection shall be a part
of the annual report required by section 15 of this Act, except that the
matters required to be reported by this subsection shall be clearly set
out and identified in such annual reports. // 42 USC 5914. // Such
reports and the one-hundred-and-eighty-day report required in paragraph
(1) of this subsection shall be transmitted to the Speaker and the
Committee on Energy and Natural Resources of the Senate.
"(m) Prior to issuing any guarantee or commitment to guarantee or
cooperative agreement pursuant to subsection (b) or subsection (y) of
this section the Administrator shall submit to the Committee on Science
and Technology of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a full and complete report on
the proposed demonstration facility and such guarantee, agreement, or
contract. Such guarantee, commitment to guarantee, cooperative
agreement, or contract shall not be finalized under the authority
granted by this section prior to the expiration of ninety calendar days
(not including any day on which either House of Congress is not in
session because of an adjournment of more than three calendar days to a
day certain) from the date on which such report is received by such
committees: Provided, That, where the cost of a demonstration facility
to be assisted with a guarantee or cooperative agreement pursuant to
subsection (b) or subsection (y) of this section exceeds $50,000,000
such guarantee or commitment to guarantee or cooperative agreement shall
not be finalized unless (1) the making of such guarantee or commitment
or agreement is specifically authorized by legislation hereafter enacted
by the Congress or (2) both Houses pass a resolution stating in
substance that the Congress favors the making of such guarantee or
commitment or agreement.
"(n) (1) There is hereby created within the Treasury a separate fund
(hereafter in this section called the 'fund') which shall be available
to the Administrator without fiscal year limitation as a revolving fund
for the purpose of carrying out the program authorized by subsection (b)
(1) and subsections (g), (h), (k), and (y) of this section.
"(2) There are hereby authorized to be appropriated to the fund for
administrative expenses from time to time such amounts as may be
necessary to carry out the purposes of the applicable provisions of this
section, fees, and any other moneys, property, or assets derived by him
from operations under this section shall be deposited in the fund.
"(3) All payments on obligations, appropriate expenses (including
reimbursements to other Government accounts), and repayments pursuant to
operations of the Administrator under this section shall be paid from
the fund subject to appropriations. If at any time the Administrator
determines that moneys in the fund exceed the present and resonably
foreseeable future requirements of the fund, such excess shall be
transferred to the general fund of the Treasury.
"(4) If at any time the moneys available in the fund are insufficient
to enable the Administrator to discharge his responsibilities as
authorized by subsections (b) (1), (g), (h), and (y) of this section,
the Administrator shall issue to the Secretary of the Treasury notes or
other obligations in such forms and denominations, bearing such
maturities, and subject to such terms and conditions as may be
prescribed by the Secretary of the Treasury. Redemption of such notes
or obligations of the United States of comparable maturities during the
month preceding the issuance of the notes or other obligations. The
Secretary of the Treasury may at any time sell any of the notes or other
obligations acquired by him under this subsection.
"(5) The provisions of this subsection do not apply to direct loans
or planning grants made under subsection (k) of this section.
"(o) For the purposes of this section, the term--,
"(1) ' State' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the
Virgin Islands, American Samoa, any territory or possession of the
United States,
"(2) ' United States' means the several States, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa,
"(3) 'borrower' or 'applicant' shall include any individual,
firm, corporation, company, partnership, association, society,
trust, joint venture, joint stock company, or other non-Federal
entity, and
"(4) 'biomass' shall include, but is not limited to, animal and
timber waste, municipal and industrial waste, sewage, sludge, and
oceanic and terrestrial crops.
"(p) (1) An applicant seeking a guarantee or cooperative agreement
under subsection (b) or subsection (y) of this section must be a citizen
or national of the United States. A corporation, partnership, firm, or
association shall not be deemed to be a citizen or national of the
United States unless the Administrator determines that it satisfactorily
meets all the requirements of section 802 of title 46, United States
Code, for determining such citizenship, except that the provisions in
subsection (a) of such section 802 concerning (A) the citizenship of
officers or directors of a corporation, and (B) the interest required to
be owned in the case of a corporation, association, or partnership
operating a vessel in the coastwise trade, shall not be applicable.
"(2) The Administrator, in consultation with the Secretary of State,
may waive such requirements in the case of a corporation, partnership,
firm, or association, controlling interest in which is owned by citizens
of countries which are participants in the International Energy
Agreement.
"(q) No part of the program authorized by this section shall be
transferred to any other agency or authority, except pursuant to Act of
Congress enacted after the date of enactment of this section.
"(r) Inventions made or conceived in the course of or under a
guarantee authorized by this section shall be subject to the title and
waiver requirements and conditions of section 9 of this Act. // 42 USC
5908. //
"(s) Nothing in this section shall be construed as affecting the
obligations of any person receiving financial assistance pursuant to
this section to comply with Federal and State environmental, land use,
water, and health and safety laws and regulations or to obtain
applicable Federal and State permits, licenses, and certificates.
"(t) The information maintained by the Administrator under this
section shall be made available to the public subject to the provision
of section 552 of title 5, United States Code, and section 1905 of title
18 United States Code, and to other Government agencies in a manner that
will facilitate its dissemination: Provided, That upon a showing
satisfactory to the Administrator by any person that any information, or
portion thereof obtained under this section by the Administrator
directly or indirectly from such person would, if made public, divulge
(1) trade secrets or (2) other proprietary information of such person,
the Administrator shall not disclose such information and disclosure
thereof shall be punishable under section 1905 of title 18, United
States Code: Provided further, That the Administrator shall, upon
request, provide such information to (A) any delegate of the
Administrator for the purpose of carrying out this Act, and (B) the
Attorney General, the Secretary of Agriculture, the Secretary of the
Interior, the Federal Trade Commission, the Federal Energy
Administration, the Environmental Protection Agency, the Federal Power
Commission, the General Accounting Office, other Federal agencies, or
heads of other Federal agencies, when necessary to carry out their
duties and responsibilities under this and other statutes, but such
agencies and agency heads shall not release such information to the
public. This section is not authority to withhold information from
Congress, or from any committee of Congress upon request of the
Chairman. For the purposes of this subsection, the term 'person' shall
include the borrower.
"(u) Notwithstanding any other provision of this section, the
authority provided in this section to make guarantees or commitments to
guarantee or enter into cooperative agreements under subsection (b) (1)
or subsection (y), to make guarantees or commitments to guarantees, or
to make loans or grants, under subsection (k), to make contracts under
subsection (h), and to use fees and receipts collected under subsections
(b), (j), and (y) of this section, and the authorities provided under
subsection (n) of this section shall be effective only to the extent
provided, without fiscal year limitation, in appropriation Acts enacted
after the date of enactment of this section.
"(v) No person in the United States shall on the grounds of race,
color, religion, national origin, or sex, be excluded from participation
in, be denied benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with assistance made
available under this section: Provided, That Indian tribes are exempt
from the operation of this subsection: Provided further, That such
exemption shall be limited to the planning and provision of public
facilities which are located on reservations and which are provided for
members of the affected Indian tribes as the primary beneficiaries.
"(w) In carrying out his functions under this section, the
Administrator shall provide a realistic and adequate opportunity for
small business concerns to participate in the program to the optimum
extent feasible consistent with the size and nature of each project.
"(x) (1) (A) Recipients of financial assistance under this section
shall keep such records and other pertinent documents, as the
Administrator shall prescribe by regulation, including, but not limited
to, records which fully disclose the disposition of the proceeds of such
assistance, the cost of any facility, the total cost of the provision of
public facilities for which assistance was used and such other records
as the Administrator may require to facilitate an effective audit. The
Administrator and the Comptroller General of the United States, or their
duly authorized representative shall have access, for the purpose of
audit, to such records and other pertinent documents.
"(B) Within 6 months after the date of enactment of this section and
at 6-month intervals thereafter, the Comptroller General of the United
States shall make an audit of recipients of financial assistance under
this section. The Comptroller General may prescribe such regulations as
he deems necessary to carry out this subparagraph.
"(2) All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed in whole
or in part with assistance under this section shall be paid wages at
rates not less than those prevailing on similar construction in the
locality as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a - 5). The Secretary
of Labor shall have, with respect to such labor standards, the authority
and functions set forth in Reorganization Plan Numbered 14 of 1950 (15
F.R. 3176; 64 Stat. 1267) and section 2 of the Act // 5 USC app. // of
June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276 (c) ). // 40 USC
276c. //
"(y) (1) The Administrator is authorized in accordance with such
rules and regulations as he shall prescribe after consultation with the
Secretary of the Treasury, to guarantee and to make commitments to
guarantee the payment of interest on, and the principal balance of,
bonds, debentures, notes, and other obligations issued by or on behalf
of any borrower for the purpose of (A) financing the construction and
startup costs of demonstration facilities for the conversion of
municipal or industrial waste, sewage sludge, or other municipal organic
wastes into synthetic fuels, and (B) financing the construction and
startup costs of demonstration facilities to generate desirable forms of
energy (including synethetic fuels) from municipal or industrial waste,
sewage sludge, or other municipal organic waste. With respect to a
guarantee or a commitment to guarantee authorized by this subsection;
the following subsections of this section shall not apply: (b)(1),
(b)(5), (c)(2), (c)(5), (c)(6), (c)(7), (c)(8), (c)(9), (e)(3), (j),
(k), and (q).
"(2) In the case where the Administrator seeks to guarantee or to
make commitments to guarantee as provided by this subsection he is
authorized to incur an outstanding indebtdness which at no time shall
exceed $300,000,000.
"(3) The Administrator shall apply the following provisions thereto:
"(A) With respect to any demonstration facility for the
conversion of solid waste (as the term is defined in the Resource
Conservation and Recovery Act (42 U.S.C. 6903), the Administrator,
prior to issuing any guarantee under this section, must be in
receipt of a certification from the Administrator of the
Environmental Protection Agency and any appropriate State or
areawide solid waste management planning agency that the proposed
application for a guarantee is consistent with any applicable
suggested guidelines published pursuant to section 1008(a) of the
Resource Conservation and Recovery Act,
// 42 USC 6907. //
and any applicable State or regional solid waste management plan.
"(B) The amount guaranteed shal not exceed 75 per centum of the
total cost of the commercial demonstration facility, as determined
by the Administrator: Provided, That the amount guaranteed may
not exceed 90 per centum of the total cost of the commercial
demonstration facility during the period of construction and
startup.
"(C) The maximum maturity of the obligation shall not exceed
thirty years, or 90 per centum of the projected useful economic
life of the physical assets of the commercial demonstration
facility covered by the guarantee, whichever is less, as
determined by the Administrator.
"(D) The Administrator shall charge and collect fees for
guarantees of obligations in amounts sufficient in the judgement
of the Administrator to cover the applicable administrative costs
and probable losses on guaranteed obligations, but in any event
not to exceed 1 per centum per annum of the outstanding
indebtedness covered by the guarantee.
"(E) No part of the program authorized by this section shall be
transferred to any other agency or authority, except pursuant to
Act of Congress enacted after the date of enactment of this
section: Provided, That project agreements entered into pursuant
to this section for any commercial demonstration facility for the
conversion or bioconversion of solid waste (as that term is
defined in the Resource Conservation and Recovery Act)
// 42 USC 6901 note. //
shall be administered in accordance with the May 7, 1976,
Intragency Agreement between the Environmental Protection Agency
and the Energy Research and Development Administration on the
Development of Energy From Solid Wastes, and provided specifically
that in accordance with this agreement (i) for those
energy-related projects of mutual interest, planning will be
conducted jointly by the Environmental Protection Agency and the
Energy Research and Development Administration, following which
project responsibility will be assigned to one agency; (ii)
energy-related projects for recovery of synthetic fuels or other
forms of energy from solid waste shall be the responsibility of
the Energy Research and Development Administration; and (iii) the
Environmental Protection Agency shall retain responsibility for
the environmental, economic, and institutional aspects of solid
waste projects and for assurance that such projects are consistent
with any applicable suggeted guidelines pursuant to section 1008
of the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
6901 et seq.), as amended,
// 42 USC 6907. //
and any applicable State or regional solid waste management plan.
"(F) With respect to any obligation which is issued after the
enactment of this section by, or in behalf of, any State,
political subdivision, or Indian tribe and which either guaranteed
under, or supported by taxes levied by said issuer which are
guaranteed under, this section, the interest paid on such
obligation and received by the purchaser thereof (or the
purchaser's successor in interest) shall be included in gross
income for the purpose of chapter 1 of the Internal Revenue Code
of 1954, as amended.
// 26 USC 1 et seq. //
Provided, That the Administrator shall pay to such issuer out of
the fund established by this section such portion of the interest
on such obligations, as determined by the Secretary of the
Treasury to be appropriate after taking into account current
market yields (i) on obligations of said issuer, if any, and (ii)
on other obligations with similar terms and conditions the
interest on which is not so included in gross income for purposes
of chapter 1 of such Code, and in accordance with, such terms and
conditions as the Secretary of the Treasury shall require.".
Sec. 208. // 42 USC 5556a. // (a) The Secretary of Energy shall--,
(1) initiate and conduct an "application and system design
study", cooperatively with appropriate Federal agencies, to
determine the potential for the use of solar photovoltaic systems
at specific Federal installations; and this study shall--,
(A) include an analysis of those sites that are currently
cost-effective for solar photovoltaic energy systems, using
life-cycle costing techniques, as well as those which would be
cost-effective at expected future market prices;
(B) identify potential sites and uses of solar photovoltaic
energy systems at the following agencies as well as any others
which the Secretary of Energy deems necessary:
(i) the Department of Defense;
(ii) the Department of Transportation (including the United
States Coast Guard, the Federal Aviation Administration, and the
Federal Highway Administration);
(iii) the Department of Commerce;
(iv) the Department of Agriculture; and
(v) the Department of the Interior;
(C) provide a preliminary report to Congress within nine months
following the enactment of this Act;
(D) include the presentation of a detailed plan for the
implementation of solar photovoltaic energy systems for power
generation at specific sites in Federal Government agencies to
Congress within twelve months following the enactment of this Act;
(2) initiate and conduct a study of the options available to
the Federal Government to provide for the adequate growth of the
solar photovoltaic industry and to include such possible
incentives as government funding, loan guarantees, tax incentives,
the operation of pilot plants or production lines and other
incentives deemed worthy of consideration by the Secretary of
Energy. A preliminary report shall be submitted to Congress
within six months following the enactment of this Act;
(3) initiate and conduct a study involving the prospects for
applications of solar photovoltaic energy systems for power
generation in foreign countries, particularly lesser developed
countries, and the potential for the exportation of these energy
systems. This study shall involve the cooperation of the
Department of State and the Department of Commerce, as well as
other Federal agencies which the Secretary of Energy deems
appropriate. A final report shall be submitted to the Congress,
as well as a preliminary report within twelve months of the
enactment of this Act; and
(4) be authorized to acquire up to additional 4.0 megawatts
(peak) of solar photovoltaic energy systems. The sum of
$13,000,000 is hereby authorized to be appropriated (in addition
to any other amounts authorized by this Act to be appropriated)
for the fiscal year ending September 30, 1978, and for delivery in
the following twelve months. Such sums shall remain available
until expended. The solar photovoltaic energy systems acquired
shall be available for use for power generation by Federal
agencies, provided that no procurement to be life cycle cost
effective.
(b) For technology development, particularly for engineering design
and development of the manufacturing process of solar photovoltaic
energy systems (primarily for the implementation of automated processes
and other cost reducing production technologies), the sum of $6,000,000
is hereby authorized by this Act to be appropriated for the fiscal year
ending September 30, 1978.
Sec. 209. // 42 USC 5821 note. // (a) Nothing in this title shall
apply with respect to any authorization or appropriation for any
military application of nuclear energy, for research and development in
support of the Armed Forces, or for the common defense and security of
the United States.
(b) (1) The term "military application" means any activity authorized
or permitted by chapter 9 of the Atomic Energy Act of 1954, as amended
(Public Law 83 - 703, as amended; 42 U.S.C. 2121, 2122).
(2) The term "research and development," as used in this section, is
defined by section 11 x., of the Atomic Energy Act of 1954, as amended
(Public Law 83 - 703, as amended; 42 U.S.C. 2014).
(3) The term "common defense and security" means the common defense
and security of the United States as used in the Atomic Energy Act of
1954, as amended // 42 USC 2011 // (Public Law 83 - 703, as amended).
Sec. 210. (a) In order to provide economic farm units to qualifying
farmers whose land is economically infeasible to reclaim from damages
resulting from the Teton flood of June 5, 1976, and who are unable to
find suitable replacement land for their flood damaged farm, and in
order to restore the economic and agricultural base of the flood damaged
region, there is hereby transferred 5,955 acres of land, hereinafter
described, in the State of Idaho presently under the jurisdiction of the
Department of Energy, to the Secretary of the Interior who, acting
through the Bureau of Reclamation, shall make such lands available for
sale to qualifying farmers according to the terms hereafter provided.
(b) As used in this section, the term:
(1) " Teton flood" means the flood resulting from the collapse
of Teton Dam of the Lower Teton Division of the Teton Basin
Federal Reclamation Project on June 5, 1976.
(2) " Department of Energy land" means those public and
acquired lands in the State of Idaho identified as sections
numbered fourteen (14), twenty-three (23), twenty-four (24),
twenty-five (25), and thirty-six (36), in township six (6) north,
or range thirty-three (33) east of the Boise meridian; sections
numbered nineteen (19), thirty (30), and thirty-one (31) in
township six (6) north, of range thirty-four (34) east of the
Boise meridian; and the southeast quarter, of section numbered
eight (8) and the south half of the north half of section numbered
nine (9) in township five (5) north, of range thirty-four (34)
east of the Boise meridian, all situated in the county of
Jefferson and State of Idaho, and containing 5,955 acres, more or
less, which would be transferred for the purposes of this Act.
(3) " Qualifying farmer" means the resident, owner-operator of
a farm who resides in the immediate locality, whose livlihood is
derived from his farming operation and whose land was damaged due
to the collapse of the Teton Dam on June 5, 1976, to the extent
that in the opinion of the Secretary of the Interior, it is not
economically feasible to reclaim such land so that it produces an
income commensurate with that earned prior to the Teton flood.
(4) " Irrigable land" means farm land that is suitable for
irrigated agriculture and has been certified as irrigable by the
Secretary of the Interior.
(c) For a period of not more than five years after transfer to the
Bureau of Reclamation, the land heretofore described shall be available
for purchase by those who, on or before October 1, 1978, are determined
to be qualifying farmers pursuant to regulations issued in accordance
with subsection (f) of this section by the Secretary of the Interior.
(d) Department of Energy land as described in subsection (b) (2) of
this section shall be certified as irrigable by the Secretary of the
Interior, and lands so certified shall be made available in a manner to
be prescribed by the Secretary for purchase by qualifying farmers at its
current fair market value as determined by a board of appraisers
composed of a Federal appraiser, a State appraiser, and one appraiser
from the disaster region: Provided, That irrigable land transferred to
a single ownership shall not exceed 160 acres of class I land as defined
by the Secretary or the equivalent thereof in other land classes as
determined by the Secretary. The United States, through the Secretary,
shall convey fee simple title of the Department of Energy land to the
qualifying farmer. The cost of developing the replacement land for
farming shall be borne by the qualifying farmer who purchases the land.
(e) Any part of the Department of Energy land remaining in the
possession of the Bureau of Reclamation at the end of the five year
period, except land needed for public rights-of-way, as determined by
the Secretary, shall be returned to the Department of Energy.
(f) Within ninety days after the enactment of this Act the Secretary
shall prescribe as may be necessary and proper to carry out the
provisions of this section.
(g) Full recovery for the loss of all or part of flood-damaged
farms shall be obtained by owners pursuant to the Teton Dam Disaster
Assistance Act of 1976. Public Law 94 - 400, 90 Stat. 1211, and the
Suppplemental Appropriation Act of 1976, Public Law 94 - 438, 90 Stat.
1415.
(h) There is hereby authorized to be appropriated such sums as may be
necessary for the purposes of administration of this section.
Sec. 301. // 15 USC 2701 note. // This title may be cited as the "
Automotive Propulsion Research and Development Act of 1978".
Sec. 302. // 15 USC 2701. // (a) The Congress finds that--,
(1) existing automobile propulsion systems, on the average,
fall short of meeting the long-term goals of the Nation with
respect to environmental protection, and energy conservation;
(2) advanced alternatives to existing automobile propulsion
systems could, with sufficient research and development effort,
meet these long-term goals, and advanced automobile propulsion
systems could operate with significantly less adverse
environmental impact and fuel consumption than existing
automobiles, while meeting all of the other requirements of
Federal law;
(3) insufficient resources are being devoted to both research
on and development of advanced automobile propulsion system
technology;
(4) an expanded research and development effort with respect to
advance automobile propulsion system technology would complement
and stipulate corresponding efforts by the private sector
seriously the incorporation of such advanced technology into
automobiles and automobile components; and
(5) the Nation's energy and environmental problems are urgent,
and therefore advanced automobile propulsion system technology
should be developed, tested, demonstrated, and prepared for
manufacture within the shortest practicable time.
(b) It is therefore the purpose of the Congress, in this title to--,
(1) (A) direct the Department of Energy to make contracts and
grants for research and development leading to the development of
advanced automobile propulsion systems within 5 years of the date
of enactment of this Act, or within the shortest practicable time
consistent with appropriate research and development techniques,
and (B) evaluate and disseminate information with respect to
advanced automobile propulsion system technology;
(2) preserve, enhance, and facilitate competition in research,
development, and production with respect to existing and
alternative automobile propulsion systems; and
(3) supplement, but neither supplant nor duplicate, the
automotive propusion system research and development efforts of
private industry.
Sec. 303. // 15 USC 2702. // As used in this title, the term--,
(1) "advanced automobile propulsion system" menas an energy
conversion system, including engine and drive train, which
utilizes advanced technology and is suitable for use in an
advanced automobile;
(2) "developer" means any person engaged in whole or in part in
research or other efforts directed toward the development of
advanced automobile technology;
(3) "fuel economy" refers to the average distance traveled in
representative driving conditions by an automobile per unit of
fuel consumed, as determined by the Administrator of the
Environmental Protection Agency in accordance with test procedures
which shall be established by rule and shall require that fuel
economy tests be conducted in conjunction with the exhaust
emissions tests mandated by section 206 of the Clean Air Act (42
U.S.C. 1857f - 5);
(5) "intermodal adaptability" refers to any characteristics of
an automobile which enable it to be operated or carried, or which
facilitate its operation or carriage, by or on an alternative mode
or other system of transportation;
(6) "reliabiliy" refers to (A) the average time and distance
over which normal automobile operation can be expected without
significant repair or replacement of parts, and (B) the ease of
diagnosis and repair of an automobile, its systems, and parts in
the event of failure during use or damage from an accident;
(7) "safety" refers to the performance of an automobile
propulsion system or equipment in such a manner that the public is
protected against unreasonable risk of accident and against
unreasonable risk of death or bodily injury in case of accident;
(8) " State" means any State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, or any other territory or possession of the United States.
Sec. 304. // 15 USC 2703. // (a) The Secretary of Energy shall
establish, within the Department of Energy, a program to insure the
development of advanced automobile propulsion systems within 5 years
after the date of enactment of this Act, or within the shortest
practicable time, consistent with appropriate research and development
technique. In conducting such program, the Secretary of Energy shall--,
(1) establish and conduct new projects and accelerate existing
projects which may contribute to the development of advanced
automobile propulsion systems;
(2) give priority attention to the developemnt of advanced
propulsion systems with appropriate attention to those advanced
propulsion systems which are flexible in the type of fuel used;
and
(3) insure that research and development under this title
supplements, but neither supplants nor duplicates, the automotive
research and development efforts of private industry.
(b) The Secretary of Energy shall, in fulfilling his responsibilities
under this title, make contracts and grants with any Federal agency,
laboratory, university, nonprofit organization, industrial organization,
public or private agency, institution, organization, corporation,
partnership, or individual for research and development leading to
advanced automobile propulsion systems which are likely to help meet the
Nation's long-term goals with respect to fuel economy, environmental
protection, and other objectives.
(c) In providing financial assistance under this title, the Secretary
of Energy shall give full consideration to the capabilities of Federal
laboratories, except that not more than 60 per centum of the funds
appropriated pursuant to the authorization under section 312 shall be
directly expended in Federal laboratories. In accordance with section
307, such laboratories shall be available for testing components and
subsystems which, in the Secretary of Energy's judgment, is likely to
contribute to the development of advanced automobile propulsion systems.
(d) The Secretary of Energy shall conduct evaluations, arrange for
tests, and disseminate information pursuant to section 307 and submit
reports required under section 310.
(e) The Department of Energy shall intensify research in key basic
science areas in which the lack of knowledge limits development of
advanced automobile propulsion systems.
(f) (1) The Secretary of Energy shall insure that the conduct of the
program as defined in subsection (a) of this section--,
(A) supplements the automotive propulsion system research and
development efforts of industry;
(B) is not formulated in a manner that will supplant private
industry research and development or displace or lessen industry's
research and development; and
(C) avoids duplication of private research and development.
(2) To that end, the Secretary of Energy shall issue administrative
regulations, within 60 days after the date of the enactment of this Act,
which shall specify procedures, standards, and criteria for the timely
review for compliance of each new contract, grant, Department of Energy
project, or other agency project funded or to be funded under the
authority of this Act. Such regulations shall require that the
Secretary of Energy or his designee shall certify that each such
contract, grant, or project satisfies the requirement of this
subsection, and shall include in such certification a discussion of the
relationship of any related or comparable industry research and
development, in terms of this subsection, to the proposed research and
development under the authority of this Act. The discussion shall also
address related issues, such as cost sharing and patent rights.
(3) Such certifications shall be available to the Committee on
Science and Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate. The provisions of
chapter 5 of title 5, United States Code, shall not apply to such
certifications and no court shall have any jurisdiction to review the
preparation or adequacy of such certifications; but section 553 of
title 5, United States Code, // 5 USC 500 et seq. // and section 17 of
the Federal Nonnuclear Energy Research and Development Act of 1974, as
amended, // 42 USC 5916. // shall apply to public disclosure of such
certifications.
(4) The Secretary of Energy also shall include in the report required
by section 310(a) of this Act a detailed discussion of how each research
and development contract, grant, or project funded under the authority
of this Act satisfies the requirement of this subsection.
(5) Further, the Secretary of Energy in each annual budget submission
to the Congress, or amendment thereto, for the programs authorized by
this Act shall describe how each identified research and development
effort in such submission satisfies the requirements of this subsection.
(6) The provisions and requirements of this subsection shall not
apply with respect to any contract, grant, or project which was entered
into, made, or formally approved and initiated prior to the enactment of
this Act, or with respect to any renewal or extension thereof.
Sec. 305. // 15 USC 2704. // The Secretary of Transportation, in
furtherance of the purposes of this title, shall evaluate the extent to
which the automobile industry utilizes advanced automotive technology
which is or could be made available to it. The Secretary of
Transportation shall submit a report to the Congress each year on the
results of such evaluation including any appropriate recommendations
which may encourage the utilization of advanced automobile technology by
the automobile industry.
Sec. 306. // 15 USC 2705. // (a) The Secretary of Energy shall have
overall management responsibility for carrying out the program under
section 304. In carrying out such program, the Secretary of Energy,
consistent with such overall management responsibility--,
(1) shall utilize the expertise of the Department of
Transportation to the extent deemed appropriate by the Secretary
of Energy; and
(2) may utilize any other Federal agency (except as provided in
paragraph (1)) in accordance with subsection (c) in carrying out
any activities under this title, to the extent that the Secretary
of Energy determines that any such agency has capabilities which
would allow such agency to contribute to the purposes of this
title.
(b) The Secretary of Transportation, whenever the expertise of the
Department of Transportation is utilized in accordance with subsection
(a), may exercise the powers granted to the Secretary of Energy under
subsection (c) and shall enter into contracts and make grants for such
purpose, subject to the overall management responsibility of the
Secretary of Energy.
(c) The Secretary of Energy may, in accordance with subsection (a),
obtain the assistance of any department, agency, or instrumentality of
the executive branch of the Federal Government upon written request, on
a reimbursable basis or otherwise and with the consent of such
department, agency, or instrumentality. Each such request shall
identify the assistance the Secretary of Energy deems necessary to carry
out any duty under this title.
(d) The Secretary of Energy shall consult with the Administrator of
the Environmental Protection Agency and the Secretary of Transportation,
and shall establish procedures for periodic consultation with
representatives of science, industry, and such other groups as may have
special expertise in the area of automobile propulsion system research,
development, and technology. The Secretary of Energy may establish such
advisory panels as he deems appropriate to review and make
recommendations with respect to applications for funding under this
title.
(e) Nothing contained in this title shall be construed to reduce in
any way the responsibilities of the Secretary of Energy for automotive
research, development, and demonstration under the Energy Reorganization
Act of 1974 (42 U.S.C. 5801 et seq.) and the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5901 et seq.).
Sec. 307. // 15 USC 2706. // (a) The Secretary of Energy shall, for
the purposes of performing his responsibilities unded this title,
consider any reasonable new or improved technology, a description of
which is submitted to the Secretary of Energy in writing, which could
lead or contribute to the development of advanced automobile propulsion
system technology.
(b) The Administrator of the Environmental Protection Agency shall
test, or cause to be tested, in a facility subject to Environmental
Protection Agency supervision, each advanced automobile propulsion
system in an appropriately modified production vehicle equipped with
such a system developed in whole or in part with Federal financial
assistance under this title, or referred to the Administrator of the
Environmental Protection Agency for such purpose by the Secretary of
Energy, to determine whether such vehicle complies with any exhaust
emission standards or any other requirements promulgated or reasonably
expected to be promulgated under any provision of the Clean Air Act (42
U.S.C. 1857 et seq.), the Noise Control Act of 1972 (42 U.S.C. 4901 et
seq.), or any other provision of Federal law administered by the
Administrator of the Environmental Protection Agency. In conjunction
with any test for compliance with exhaust emmission standards under this
section, the Administrator of the Environmental Protection Agency shall
also conduct tests to determine the fuel economy of such vehicle. The
Administrator of the Environmental Protection Agency shall submit all
test data and the results of such tests to the Secretary of Energy.
(c) The Secretary of Energy shall collect, analyze, and disseminate
to developers information, data, and materials that may be relevant to
the development of advanced automobile propulsion system technology.
Sec. 308. // 15 USC 2707. // Section 9 of the Federal Nonnuclear
Energy Research and Development Act of 1974 (42 U.S.C. 5908) shall apply
to any contract (including any assignment, substitution of parties, or
subcontract thereunder) or grant, entered into, made, or issued by the
Secretary of Energy under this title.
Sec. 309. // 15 USC 2708. // Section 306 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5876) shall apply with respect to
the authority of the Comptroller General to have access to and rights of
examination of books, documents, papers, and records of recipients of
financial assistance under this title; except that for the purposes of
this title, the term "contract" (as used in section 166 of the Atomic
Energy Act (42 U.S.C. 2206), insofar as it relates to such section 306)
means "contract or grant".
Sec. 310. // 15 USC 2709. // (a) As a separate part of the annual
report submitted under section 15(a) of the Federal Nonnuclear Energy
Research and Development Act of 1974 // 42 USC 5914. // with respect to
the comprehensive plan and program then in effect under section 6(a) and
(b) of such Act, // 42 USC 5905. // the Secretary of Energy shall
submit to Congress an annual report of activities under this title.
Such report shall include--,
(1) a current comprehensive program definition for implementing
this title;
(2) an evaluation of the state of automobile propulsion system
research and development in the United States;
(3) the number and amount of contracts and grants made under
this title;
(4) an analysis of the progress made in developing advanced
automobile propulsion system technology; and
(5) suggestions for improvements in advanced automobile
propulsion system research and development, including
recommendations for legislation.
(b) The Secretary of Energy shall conduct a survey of developers,
lending institutions, and other appropriate persons or institutions and
shall otherwise make a study for the purpose of determining whether, and
under what conditions, research, development, demonstration, and
commercial availability of advanced automobile propulsion system
technology may be aided by the guarantee of financial obligations by the
Federal Government. The Secretary of Energy shall report the results of
such survey and study to the Congress within 1 year after the date of
enactment of this Act. Such report shall include an examination of
those stages of advanced automobile propulsion system technology
research, development, demonstration, and commercialization for which
financial obligation guarantees may be useful or appropriate and shall
contain such legislative recommendations as may be necessary.
Sec. 311. (a) Section 102 of the National Aeronautics and Space Act
of 1958 (42 U.S.C. 2451) is amended by redesignating subsection (e) as
subsection (f), and by inserting immediately after subsection (d) the
following new subsection:
"(e) The Congress declares that the general welfare of the United
States requires that the unique competence in scientific and engineering
systems of the National Aeronautics and Space Administration also be
directed toward the development of advanced automobile propulsion
systems. Such development shall be conducted so as to contribute to the
achievement of the purposes set forth in section 302(b) of the
Automotive Propulsion Research and Development Act of 1978.".
(b) The subsection of section 102 of such Act redesignated as
subsection (f) by subsection (a) of this section is amended by striking
out "and (d)" and inserting in lieu thereof "(d), and (e)".
Sec. 312. // 15 USC 2710. // There is authorized to be appropriated
to carry out the purposes of this title, in addition to any amounts made
available for such purposes pursuant to title I of this Act, the sum of
$12,500,000 for the fiscal year ending September 30, 1978.
Sec. 401. The Federal Nonnuclear Energy Research and Development Act
of 1974 (42 U.S.C. 5901 et seq.), as amended by section 207 of this Act,
is further amended by adding at the end thereof the following new
section:
" Sec. 20. (a) It is the purpose of this Section--,
"(1) to assure adequate Federal support to foster a program to
demonstrate municipal waste reprocessing for the production of
fuel and energy intensive products; and
"(2) to gather information about the technological, economic,
environmental, and social costs, benefits, and impacts of such
demonstration facilities.
"(b)(1) The Administrator is authorized and directed, to the extent
provided in appropriation Acts, to establish such a demonstration
program by making grants, contracts, price supports, and cooperative
agreements pursuant to this Act or any combination thereof for the
establishment of municipal waste shall include but not be limited to
municipal solid waste, sewage sludge, and other minicipal organic
wastes.
"(2) The aggregate amount of funds available for grants, contracts,
price supports, and cooperative agreements for municipal waste
reprocessing demonstration facilities shall not exceed $20,000,000 in
the fiscal year ending September 30, 1978.
"(3) For purposes of this section the term 'municipal' shall include
any city, town, borough, county, parish, district, or other public body
created by or pursuant to State law.
"(4) Municipal waste reprocessing demonstration facilities
established under this section shall be owned or operated (or both owned
and operated) by the municipality and shall involve the recovery of
energy or energy intensive products. Such facilities may be established
by any public or private entity, by contract or otherwise, as may be
determined by the local government which will own or operate (or both
own and operate) such facilities and to which financial support is
provided. The Federal share for any such facility to which this section
applies shall not exceed 75 per centum of the cost of such facility, and
not more than $40,000,000 in Federal funds under this section may be
used for the construction of any one facility.
"(5) The Administrator shall promulgate such regulations as he deems
necessary, pursuant to section 7(a)(4) and section 7(c)(1) and (6) of
this Act, for purposes of establishing a price support program for
revenue producing products of municipal waste reprocessing demonstration
facilities.
"(c)(1) The Administrator shall consult with the Environmental
Protection Agency to assure that the provisions of section 8004 of the
Resource Conservation and Recovery Act of 1976 (Public Law 94 - 580) are
applied in carrying out this section.
"(2) Any energy-related research, development, or demonstration
project for the conversion (including bioconversion) of municipal waste
carried out by the Energy Research and Development Administration
pursuant to this or any other Act shall be administered in accordance
with the May 7, 1976, Interagency Agreement between the Environmental
Protection Agency and the Energy Research and Development Administration
on the development of energy from solid wastes; and specifically, in
accordance with such Agreement (A) for those energy-related projects of
mutual interest, planning will be conducted jointly by the Environmental
Protection Agency and the Energy Research and Development
Administration, following which project responsibility will be assigned
to one agency; (B) energy-related aspects of projects for recovery of
fuels or energy intensive products from municipal waste as defined in
this section shall be the responsibility of the Energy Research and
Development Administration including energy-related economic and
institutional aspects; and (C) the Environmental Protection Agency
shall retain responsibility for the environmental and other economic and
institutional aspects of solid waste projects and for assurance that
such projects are consistent with any applicable suggested guidelines
published pursuant to section 1008 of the Resource Conservation and
Recovery Act of 1976 (Public Law 94 - 580), // 42 USC 6907. // and any
applicable State or regional waste management plan.
"(d)(1) The Administrator shall establish such guidelines as he deems
necessary for purposes of obtaining pertinent information from
municipalities receiving funding under this section. These guidelines
shall include but not be limited to methods of assessment and evaluation
of projects authorized under this section. Such assessments and
evaluations shall be presented by the Administrator to the House
Committee on Science and Technology and the Senate Committee on Energy
and Natural Resources upon the request of either such committee.
"(2) The Administrator shall annually submit a report to the Congress
concerning the actions taken or not taken by the Administrator under
this section during the preceding fiscal year, and including but not
limited to (A) a discussion of the status of each demonstration facility
and related facilities financed under this section, including progress
made in the development of such facilities, and the expected or actual
production from each such facility including byproduct production
therefrom, and the distribution of such products and byproducts, (B) a
statement of the financial condition of each such demonstration
facility, (C) data concerning the environmental, community, and health
and safety impacts of each such facility and the actions taken or
planned to prevent or mitigate such impacts, (D) the administrative and
other costs incurred by the Administrator and other Federal agencies in
carrying out this program, and (E) such other data as may be helpful in
keeping Congress and the public fully and currently informed about the
program authorized by this section.
"(3) The annual reports required by this subsection shall be a part
of the annual report required by section 15 of this Act, // 42 USC 5914.
// except that the matters required to be reported by this subsection
shall be clearly set out and identified in such annual reports. Such
reports shall be transmitted to the Speaker of the House of
Representatives and the House Committee on Science and Technology and to
the President of the Senate and the Senate Committee on Energy and
Natural Resources.
"(e) No part of the Program authorized by this section shall be
transferred to any other agency or authority, except pursuant to Act of
Congress enacted after the date of the enactment of this section.
"(f) Nothing in this section shall be construed as abrogating any
obligations of any municipality receiving financial assistance pursuant
to this section to comply with Federal and State environmental, land
use, water, and health and safety laws and regulations or to obtain
applicable Federal and State permits, licenses, and certificates.".
Sec. 501. As used in this title--,
(1) the term " Act" means the Geothermal Energy Research,
Development, and Demonstration Act of 1974 (88 Stat. 1079); and
(2) the term " Administrator" means the Administrator of the
Energy Research and Development Administration.
Sec. 502. Section 101(b) of the Act is amended--,
(1) by striking out subparagraph (E) of paragraph (1) and
inserting in lieu thereof the following:
"(E) the Assistance Administrator of the Energy Research and
Development Administration for Solar, Geothermal, and Advanced
Energy Systems;";
(2) By striking out the period at the end of paragraph (1) and
inserting in lieu thereof a semicolon;
(3) by adding at the end of paragraph (1) the following new
subparagraphs:
"(G) an Assistant Administrator of the Environmental Protection
Agency;
"(H) an Assistant Secretary of Treasury; and
"(I) an Assistant Secretary of Agriculture."; and
(4) by striking out "one member of the Project" in paragraph
(2) and inserting in lieu thereof " the Assistant Administrator of
the Energy Research and Development Administration for Solar,
Geothermal, and Advanced Energy Systems".
Sec. 503. Section 103(b)(4) of the Act is amended by inserting the
phrase "or administrative regulations" after "legislation", and by
inserting ", environmental and taxing" after "leasing".
Sec. 504. Section 105(e)(3) of the Act is amended by striking out
the period and inserting in lieu thereof " or such assistance would not
be adequate to satisfy the goals and requirements of the demonstration
program under this section.".
Sec. 505. Section 201(b) of the Act is amended by striking out "or"
at the end of paragraph (3), by striking out the period at the end of
paragraph (4) and inserting in lieu thereof "; or", and by adding at
the end thereof the following new paragraph:
"(5) construction and operation of a new commercial,
agricultural, or industrial structure or facility or modification
and operation of an existing commercial, agricultural, or
industrial structure or facility, when geothermal hot water or
steam is to be used within or by such structure or facility, or
modification thereto, for the purposes of space heating or
cooling, industrial or agricultural processes, insite generation
of electricity for use other than for sale or resale in commerce,
other commercial applications, or combinations of applications
separately eligible under this title for loan guarantee
assistance.".
Sec. 506. Section 201(b)(4) of the Act is amended by striking out
"from" and inserting in lieu thereof "using".
Sec. 507. Section 201(c) of the Act is amended by adding at the end
thereof the following new sentence: " In the case of a guaranty for the
purposes specified in subsection (b)(5), the aggregate cost of the
project shall be deemed to be that portion of the total cost of
construction and operation which is directly related to the utilization
of geothermal energy within the structure or facility in question,
except that the aggregate cost of the project with respect to which the
loan is made may be the total cost including construction and operation
in cases where the facility or structure has been located near a
geothermal energy resource predominantly for the purpose of utilizing
geothermal energy, or as determined by the Administrator the economic
viability of the project is substantially dependent upon the performance
of the geothermal reservoir.".
Sec. 508. Section 201(e) of the Act is amended--,
(1) by striking out "$25,000,000" and inserting in lieu thereof
"$100,000,000: Provided, That in the case of a guaranty under
subsection (b)(5), the amount of the guaranty for any loan for a
project shall not exceed $50,000,000";
(2) by striking out "$50,000,000" and inserting in lieu thereof
"200,000,000"; and
(3) by inserting before the period at the end thereof the
following: ", unless the Administrator determines in writing that
a guaranty in excess of these amounts is in the national interest.
Any such determination shall be submitted to the Speaker of the
House and the Committee on Science and Technology of the House of
Representatives, and to the President of the Senate and the
Committee on Energy and Natural Resources of the Senate,
accompanied by a full and complete report on the proposed project
and guaranty. The proposed guaranty or commitment to guarantee
shall not be finalized under authority granted by this Act prior
to the expiration of thirty calendar days (not including any date
on which either House of Congress is not in session) from the date
on which such report is received by the Speaker of the House and
the President of the Senate.
Sec. 509. Section 201 of the Act is further amended by adding at the
end thereof the following new subsections:
"(g) With respect to any guaranty which is issued after the enactment
of this subsection by, or in behalf of, any State, political
subdivision, or Indian tribe and which is either guaranteed under, or
supported by taxes levied by said issuer which are guaranteed under this
title, and for which the interest paid on such obligation and received
by the purchaser thereof is included in gross income for the purposes of
chapter 1 of the Internal Revenue Code for 1954, as amended, // 26 USC 1
et seq. // the Administrator shall pay to such issuer out of the fund
established by this title such portion of the interest on such
obligations, as determined by the Administrator, in consultation with
the Secretary of the Treasury, to be appropriated after taking into
account current market yields (1) on obligations of such issuer, if any,
or (2) on other obligations with similar terms and conditions, the
interest on which is not so included in gross income for purposes of
chapter 1 of said Code, and in accordance with such terms and conditions
as the Administrator shall require in consultation with the Secretary of
the Treasury.
"(h) The full faith and credit of the United States is pledged to the
payment of all guaranties issued under this title with respect to
principal and interest.
"(i) The Administrator shall charge and collect fees for guaranties
in amounts sufficient in his juegment to cover applicable administrative
costs and probable losses on guaranteed obligations, but in any event
not to exceed 1 per centum per annum of the outstanding indebtedness
covered by each guaranty. Fees collected under this subsection shall be
deposited in the fund established by this title.
"(j) The Secretary of the Treasury shall insure to the maximum extent
feasible that the timing, interest rate, and substantial terms and
conditions of any guaranty exceeding $25,000,000 will have the minimum
possible impact on the capital markets of the United States, taking into
account other Federal direct and indirect commercial securities
activities.".
Sec. 510. Section 202 of the Act is amended to read as follows:
" Sec. 202. (a) If there is a default by the borrower, as defined in
regulations promulgated by the Administrator and set forth in the
guarantee contract, the holder of the obligation shall have the right to
demand payment of the unpaid amount from the Administrator. Within such
period as may be specified in the guarantee or related agreements, the
Administrator shall pay to the holder of the obligation the unpaid
interest on, and upaid principal of the guaranteed obligation as to
which the borrower has defaulted, unless the Administrator finds that
there was no default by the borrower in the payment of interest or
principal or that such default has been remedied. Nothing in this
section shall be construed to preclude any forebearance by the holder of
the obligation for the benefit of the borrower which may be agreed upon
by the parties to the guaranteed obligation and approved by the
Administrator.
"(b) If the Administrator makes a payment under subsection (a) of
this subsection, the Administrator shall be subrogated to the rights of
the recipient of such payment as specified in the guarantee or related
agreements including, where appropriate, the authority (notwithstanding
any other provision of law) to complete, maintain, operate, lease, or
otherwise dispose of any property acquired pursuant to such guarantee or
related agreements, or to permit the borrower, pursuant to an agreement
with the Administrator, to continue to pursue the purposes of the
project if the Administrator determines this to be in the public
interest. The rights of the Administrator with respect to any property
acquired pursuant to such guarantee or related agreements, shall be
superior to the rights of any other person with respect to such
property.
"(c) In the event of a default on any guarantee under this title, the
Administrator shall notify the Attorney General, who shall take such
action as may be appropriate to recover the amounts of any payments made
under subsection (a), including any payment of principal and interest
under subsection (d), from such assets of the defaulting borrower as are
associated with the project, or from any other security included in the
terms of the guarantee.
"(d) With respect to any obligation guaranteed under this title, the
Administrator is authorized to enter into a contract to pay, and to pay,
holders of the obligation, for and on behalf of the borrower, from the
Geothermal Resources Development Fund, the principal and interest
payments which become due and payable on the unpaid balance of such
obligation if the Administrator finds that--,
"(1) the borrower is unable to meet such payments and is not in
default; it is in the public interest to permit the borrower to
continue to pursue the purposes of such project; and the probable
net benefit to the Federal Government in paying such principal and
interest will be greater than that which would result in the event
of a default;
"(2) the amount of such payment which the Administrator is
authorized to pay shall be no greater than the amount of principal
and interest which the borrower is obligated to pay under the loan
agreement; and
"(3) the borrower agrees to reimburse the Administrator for
such payment on terms and conditions, including interest, which
are satisfactory to the Administrator.".
Sec. 511. Section 204 of the Act // 30 USC 1144. // is amended by
redesignating subsection (c) as subsection (d) and inserting after
subsection (b) the following new subsection (c):
"(c) If at any time the moneys available in the fund are insufficient
to enable the Administrator to discharge his responsibilities under this
title, he shall issue to the Secretary of the Treasury notes or other
obligations in such forms and denominations bearing such maturities, and
subject to such terms and conditions, as may be prescribed by the
Secretary of the Treasury. This borrowing authority shall be effective
only to such extent or in such amounts as are specified in appropriation
Acts. Such authorizations may be without fiscal year limitations.
Redemption of such notes or obligations shall be made by the
Administrator from appropriations or other moneys available under this
section. Such notes or other obligations shall bear interest at a rate
determined by the Secretary of the Treasury, which shall not be less
than a rate determined by taking into co sideration the average market
yield on outstanding marketable obligations of the United States of
comparable maturities during the month preceding the issuance of the
notes or other obligations. The Secretary of the Treasury shall
purchase any notes or other obligations issued hereunder and for that
purpose he is authorized to use as a public debt transaction the
proceeds from the sale of any securities issued under the Second Liberty
Bond Act, as amended, // 31 USC 774. // and the purposes for which
securities may be issued under that Act are extended to include any
purchase of such notes or obligations. The Secretary of the Treasury
may at any time sell any of the notes or other obligations acquired by
him under this subsection. All redemptions, purchases, and sales by the
Secretary of the Treasury of such notes or other obligations shall be
treated as public debt transactions of the United States.".
Sec. 512. Title II of the Act is further amended by adding at the
end thereof the following new section:
" Sec. 205. // 30 USC 1145. // (a) The Administrator, for any
project which has a guarantee under this title of not less than
$50,000,000 and which will have an intended operating life of not less
than five years to satisfy the purposes under this title for which the
guarantee has been made, shall endeavor to insure that, taking into
consideration appropriate local community action and all reasonably
available forms of assistance under this section and other Federal and
State statutes, that the impacts resulting from the proposed project
have been fully evaluated by the borrower, the Administrator, and the
Governor of the affected State, and that effective steps have been taken
or will be taken in a timely manner to finance community planning and
development costs resulting from such project under this section, if
applicable under other provisions of law, or by other means. When the
project will be located on leased Federal lands, the Administrator shall
specifically review State and local actions under section 9(a) of the
Mineral Leasing Act Amendments of 1976 (Public Law 94 - 377) // 30 USC
191. // and insure that any funds made available to the State pursuant
to such section 9(a) are used to finance such planning and development
costs before any Federal assistance under subsection (c) of this section
is considered or authorized.
"(b) The Administrator, for projects not included under subsection
(a), may in his discretion consider the community impacts which may
result from such projects, and may take such actions, under authority
directly available to him under other statutes or in coordination with
other Federal agencies or the State, as he considers necessary and
appropriate to insure timely and effective planning and financing for
such community impacts.
"(c)(1) In order to discharge his responsibilities under subsection
(a), and in accordance with such rules and regulations as the
Administrator in consultation with the Secretary of the Treasury shall
prescribe, and subject to such terms and conditions as he deems
appropriate, the Administrator is authorized, for the purposes of
financing essential community development and planning which directly
result from, or are necessitated by, a project under subsection (a),
to--,
"(A) guarantee and make commitments to guarantee the payment of
interest on, and the principal balance of, obligations for such
financing issued by eligible States, political subdivisions, or
Indian tribes,
"(B) guarantee and make commitments to guarantee the payment of
taxes imposed on such project by eligible non-Federal taxing
authorities which taxes are earmarked by such authorities to
support the payment of interest and principal on obligations for
such financing, and
"(C) require that the qualified borrower receiving assistance
for a project under this section advance sums to eligible States,
political subdivisions, and Indian tribes to pay for the financing
of such development and planning: Provided, That the State,
political subdivision, or Indian tribe agrees to provide tax
abatement credits over the life of the project for such payments
by such applicant.
"(2) No guarantee or commitment to guarantee under paragraph (1) of
this subsection shall exceed $1,000,000.
"(3) In the event of any default by the borrower in the payment of
taxes guaranteed by the Administrator under this section, the
Administrator shall pay out of the fund established by this title such
taxes at the time or times they may fall and shall have by reason of
such payment a claim against the borrower for all sums paid plus
interest.
"(4) If after consultation with State, political subdivision, or
Indian tribe, the Administrator finds that the financial assistance
programs of paragraph (1) of this section will not result in sufficient
funds to carry out the purposes of this subsection, then the
Administrator may--,
"(A) make direct loans to the eligible States, political
subdivisions, or Indian tribes for such purposes: Provided, That
such loans shall be made on such reasonable terms and conditions
as the Administrator shall prescribe: Provided further, That the
Administrator may waive repayment of all or part of a loan made
under this paragraph, including interest, if the State or
political subdivision or Indian tribe involved demonstrates to the
satisfaction of the Administrator that due to a change in
circumstances there will be net adverse impacts resulting from
such project that would probably cause such State, subdivision, or
tribe to default on the loan; or
"(B) require that any community development and planning costs
which are associated with or result from, such project, and which
are determined by the Administrator to be appropriate for such
inclusion, shall be included in the aggregate costs of the
project.
"(5) The Administrator is further authorized to make grants to
States, political subdivisions, or Indian tribes for studying and
planning for the potential economic, environmental, and social
consequences of projects and for establishing related management
expertise.
"(6) At any time the Administrator may, in consultation with the
Secretary of the Treasury, redeem, in whole or in part, out of the fund
established by this section, the debt obligations guaranteed or the debt
obligations for which tax payments are guaranteed under this subsection.
"(7) When one or more States, political subdivisions, or Indian
tribes would be eligible for assistance under this subsection, but for
the fact that construction and operation of the project occurs outside
its jurisdiction, the Administrator is authorized to provide, to the
greatest extent possible, arrangements for equitable sharing of such
assistance.
"(8) Such amounts as may be necessary for direct loans and grants
pursuant to this subsection shall be available as provided in annual
authorization Acts.
"(9) The Administrator, if appropriate, shall provide assistance in
the financing of up to 100 per centum of the costs of the required
community development and planning pursuant to this section.
"(10) In carrying out the provisions of this section, the
Administrator shall provide that title to any facility receiving
financial assistance under this section shall vest in the applicable
State, political subdivision, or Indian tribe, as appropriate, and in
the case of default by the borrower on a loan guarantee made or
committed under subsection (b) of this section, such facility shall not
be considered a project asset for the purposes of section 202 of this
Act.
"(11) The Administrator shall not use his authority under this
subsection to provide Federal assistance unless any Federal funds
transferred pursuant to section 9(a) of the Mineral Leasing Act
Amendments of 1976 (Public Law 94 - 377) // 30 USC 191. // to the State
from the lease of Federal land for or associated with the project have
been or, with assurance, will be committed, to the maximum extent
allowable under Federal statutes, to financing such essential community
development or planning directly resulting from, or necessitated by, a
project on leased Federal lands.".
Sec. 601. (a) Section 7(b)(3) of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976 (15 U.S.C. 2506(
b)(3)) is amended by striking out ", except that rules promulgated under
paragraph (1) shall be amended not later than 6 months prior to the date
for contracts specified in subsection (c)(2)".
(b) Section 7(b)(4) of such Act (15 U.S.C. 2506(b)(4)) is amended to
read as follows:
"(4) The Administrator shall transmit to the Speaker of the House of
Representatives and the President of the Senate, and to the Committee on
Science and Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate, the performance standards
developed under paragraph (1) and all revised performance standards
established in connection with the demonstrations specified in
subsection (c)(2).".
(c) Section 7(c) of such Act (15 U.S.C. 2506(c)) is amended to read
as follows:
"(c)(1) The Administrator shall, within 6 months after the date of
promulgation of performance standards pursuant to subsection (b)(1),
institute the first contracts for the purchase or lease of electric or
hybrid vehicles which satisfy the performance standards set forth under
(b)(1). The delivery of such vehicles shall be completed according to
the expedited best effort of the administering agency and the selected
manufacturer. To the extent practicable, vehicles purchased or leased
under such contracts shall represent a cross-section of the available
technologies and of actual or potential vehicle use.
"(2) Thereafter, according to a planned schedule, the Administrator
shall contract for the purchase or lease of additional electric or
hybrid vehicles which satisfy amended performance standards and
represent continuing improvements in state-of-the-art. In conducting
demonstrations, the Administrator shall consider--,
"(A) the need and intent of the Congress to stimulate and
encourage private sector production as well as public knowledge,
acceptance, and use of electric and hybrid vehicles; and
"(B) demonstration of varying degrees of vehicle operations,
management, and control for maximum widespread effectiveness and
exposure to public use.
"(3) The demonstration period shall extend through the fiscal year
1986, with purchase or leasing continuing through the fiscal year 1984.
During the demonstration period the Administrator shall demonstrate
7,500 to 10,000 electric and hybrid vehicles. No more than 400 vehicles
may be procured for this purpose during fiscal year 1978. In order to
allow industry time for advanced planning, the size and nature of
projected electric and hybrid vehicle leasing and procurements will be
made public by the administering agency. Publications under the
preceding sentence (each covering a period of two years) shall be
released annually starting at an appropriate time in the fiscal year
1978.
"(4) If the Administrator determines on the basis of his annual
review of the program under this Act that--,
"(A) at least 200 vehicles cannot be added to the project
during the fiscal year 1978, or
"(B) at least 600 vehicles cannot be added to the project
during the fiscal year 1979, or
"(C) at least 1,700 vehicles cannot be added to the project
during the fiscal year 1980, or
"(D) at least 7,500 vehicles in the aggregate cannot be added
to the project during the fiscal years 1981 through 1984,
he shall immediately forward a detailed explanation thereof to the
Speaker of the House of Representatives, the President of the Senate,
the Committee on Science and Technology of the House of Representatives,
and the Committee on Energy and Natural Resources of the Senate.". Sec.
602. Section 8 of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976 (15 U.S.C. 2507) is amended
by adding at the end thereof the following new subsections:
"(d) In addition to contracting for the purchase or lease of vehicles
when conducting the demonstrations established under section 7, the
Administrator may acquire or secure use of such vehicles, or have such
vehicles acquired or used by others, by making agreements and utilizing
various forms of Federal assistance and participation which is
authorized under the Energy Reorganization Act of 1974 (Public Law 93 -
438) // 42 USC 5801 note. // and the Federal Nonnuclear Energy Research
and Development Act of 1974 (Public Law 93 - 577). // 42 USC 5901 note.
//
"(e) When contracting and otherwise using Federal funds to conduct
demonstrations under this Act, the Administrator shall seek cost-sharing
with others to the maximum extent practical. During the first 2 years
of demonstration activities the Administrator may enter into procurement
or lease contracts for purposes of carrying out demonstrations under
this Act without regard to the provisions of title III of the Act of
March 3, 1933 (47 Stat. 1520; 41 U.S.C. 10a-10c).". Sec. 603. (a)(1)
Section 10(e) of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976 (15 U.S.C. 2509( e)) is amended by adding
at the end thereof:
"(3)(A) There is established in the Treasury of the United States an
Electric and Hybrid Vehicle Development Fund (hereinafter in this
paragraph referred to as the 'fund'), which shall be availabe to the
Administrator for carrying out the loan guarantee and principal and
interest assistance program authorized by this Act, including the
payment of administrative expenses incurred in connection therewith.
Moneys in the fund not needed for current operations may, with the
approval of the Secretary of the Treasury, be invested in bonds or other
obligations of, or guaranteed by, the United States.
"(B) There shall be paid into the fund such part of the amounts
appropriated pursuant to section 16 // 15 USC 2514. // as the
Administrator deems necessary to carry out the purposes of this Act and
such amounts as may be returned to the United States pursuant to
subsection (g) of this section, and the amounts in the fund shall remain
available until expended, except that after the expiration of the 7
-year period established by subsection (h) of this section such amounts
in the fund as are not required to secure outstanding guarantee
obligations shall be paid into the general fund of the Treasury.
"(C) If at any time the moneys available in the fund are insufficient
to enable the Administrator to discharge his responsibilities under this
section, he shall issue to the Secretary of the Treasury notes or other
obligations in such forms and denominations, bearing such maturities,
and subject to such terms and conditions as may be prescribed by the
Secretary of the Treasury. This borrowing authority shall be effective
only to such extent or in such amounts as are specified in appropriation
Acts. Such authority shall be without fiscal year limitation.
Redemption of such notes or obligations shall be made by the
Administrator from appropriations or other moneys available under this
Act. Such notes or other obligations shall bear interest at a rate
determined by the Secretary of the Treasury, which shall not be less
than a rate determined by taking into consideration the average market
yield on outstanding marketable obligations of the United States of
comparable maturities during the month preceding the issuance of the
notes or other obligations. The Secretary of the Treasury shall
prescribe any notes or other obligations issued hereunder and for that
purpose he is authorized to use as a public debt transaction the
proceeds from the sale of any securities issued under the Second Liberty
Bond Act, as amended, // 31 USC 774. // and the purposes for which
securities may be issued under that Act are extended to include purchase
of such notes or obligations. The Secretary of the Treasury may at any
time sell any of the notes or other obligations acquired by him under
this subsection. All redemptions, purchases, and sales by the Secretary
of the Treasury of such notes or other obligations shall be treated as
public debt transactions of the United States.
"(D) Business-type financial reports covering the operations of the
fund shall be submitted to the Congress by the Administrator annually
upon the completion of the appropriate accounting period.".
(2) Section 10 of such Act // 15 USC 2509. // is further amended by
adding at the end thereof the following new subsection:
"(j) The full faith and credit of the United States is pledged to the
payment of all obligations incurred under this section.".
(b) Section 10(g) of such Act (15 U.S.C. 2509(g)) is amended to read
as follows:
"(g)(1) With respect to any loan guaranteed pursuant to this section,
the Administrator is authorized to enter into a contract to pay, and to
pay, the lender for and on behalf of the borrower the principal and
interest charges which become due and payable on the unpaid balance of
such loan if the Administrator finds--,
"(A) that the borrower is unable to meet principal and interest
charges, that it is in the public interest to permit the borrower
to continue to pursue the purposes of the project, and that the
probable net cost to the Federal Government in paying such
principal will be less than that which would result in the event
of a default; and
"(B) that the amount of such principal and interest charges
which the Administrator is authorized to pay shall be no greater
than the amount of principal and interest which the borrower is
obligated to pay under the loan agreement.
"(2) In the event of any default by a qualified borrower on a
guaranteed loan the Administrator is authorized to make payment in
accordance with the guarantee, and the Attorney General shall take such
action as may be appropriate to recover the amounts of such payments
(including any payment of principal and interest under paragraph (1))
from such assets of the defaulting borrower as are associated with the
activity with respect to which the loan was made or from any other
surety included in the terms of the guarantee.".
(c) Section 10(h) of such Act (15 U.S.C. 2509(h)) is amended by
striking out "the 5 -year period" and inserting in lieu thereof "the 7
-year period".
Approved February 25, 1978.
LEGISLATIVE HISTORY:
SENATE REPORT No. 95 - 179 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): June 13, considered and passed Senate.
December 7, considered and passed House, amended.
Vol. 124 (1978): Feb. 8, Senate concurred in House Amendment.
PUBLIC LAW 95-237, 92 STAT. 40, ENDANGERED AMERICAN WILDERNESS ACT of
1978.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may by
cited as the " Endangered American Wilderness Act of 1978". // 16 USC
1132 //
Secion 1. // 16 USC 1132 // (a) The Congress finds that--,
(1) many areas of undeveloped national forest land possess and
exhibit outstanding natural characteristics giving them high value
as wilderness and will, if properly preserved, contribute as an
enduring resource of wildreness for the benefit of the American
people;
(2) certain of these undeveloped national forest lands meet all
statutory criteria for suitability as wilderness as established by
subsection 2(c) of the Wilderness Act (78 Stat. 890),
// 16 USC 1131. //
but are not adequately protected and lack statutory designation
pursuant to the Wilderness Act as units of the National Wilderness
Preservation System;
(3) these and other undeveloped national forest lands
exhibiting wilderness values are immediately threatended by
pressures of a growing and more mobile population, large-scale
industrial and economic growth, and development and uses
inconsistent with the protection, maintenance, restoration, and
enhancement of their wilderness character; and
(4) among such immediately threatened areas are lands not being
adequately protected or fully studied for wilderness suitability
by the agency responsible for their administration.
(b) Therefore, the Congress finds and declares that it is in the
national interest that certain of these endangered areas be promptly
designated as wilderness within the National Wilderness Preservation
System, in order to preserve such areas as an enduring resource of
wilderness which shall be managed to promote and perpetuate the
wilderness character of the land and its specific multiple values for
watershed preservation, wildlife habitat protection, scenic and historic
preservsation, scientific research and educational use, primitive
recreation, solitude, physical and mental challenge, and inspiration for
the benefit of all of the American people of present and future
generations.
Sec. 2. In furtherance of the purposes of the Wilderness Act, // 16
USC 1132 // the following lands (hereinafter referred to as "wilderness
areas"), as generally depicted on maps appropriately referenced, dated
January 1978, are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System--,
(a) certain lands in the Coronado National Forest, Arizona,
withic comprise about fifty-six thoursand four hundred and thirty
acres, are generally depicted on a map entitled " Pusch Ridge
Wilderness Area--Proposed", and shall be known as the Pusch Ridge
Wilderness;
(b) certain lands in the Inyo and Sequoia National Forests,
California, which comprise about three hundred and six thousand
acres, are generally depicted on a map entitled " Golden Trout
Wilderness Area--Proposed", and shall be known as the Golden Trout
Wilderness;
(c) certain lands in and adjacent to the Los Padres National
Forest, California, which comprise about twenty-one thousand two
hundred and fifty acres, are generally depicted on a map entitled
" Santa Lucia Wilderness Area--Proposed", and shall be known as
the Santa Lucia Wilderness: Provided, That the tract identified
on said map as " Wilderness Reserve" is designated as wilderness,
subject only to the removal of the existing and temporary
nonconforming improvement, at whch time the Secretary of
Agriculture (hereinafter referred to as the " Secretary") is
directed to publish notice thereof in the Federal Register.
Pending such notice, and subject only to the maintenance of the
existing nonconforming improvement, said tract shall be managed as
wilderness in accordance with section 5 of this Act.
// 16 USC 1134. //
In order to guarantee the continued viabiltiy of the Santa Lucia
watershed and to insure the continued health and safety of the
communities serviced by such watershed, the managment plan for the
Santa Lucia area to be prepared following designation as
wilderness shall authorize the Forest Service to take whatever
appropriate actions are necessary for fire prevention and
watershed protection including, but not limited to acceptable fire
presuppression and fire suppression meansures and techniques. Any
special provisions contained in the management plan for the Santa
Lucia Wilderness area shall be incorporated in the planning for
the Los Padres National Forest: Provided, That the Forest Service
is authorized to continue fire presuppression, fire suppression
meansures and techniques, and watershed maintenance pending
completion of the management plan for the Santa Lucia area;
(d) certain lands in the Los Padres National Forest,
California, which comprise about sixty-one thoursand acres, are
generally depicted on a map entitled " Ventana Wilderness
Additions--Proposed", and which are hereby incorporated in, and
shall be deemed to be a part of, the Ventana Wilderness as
designated by Public Law 91 - 58.
// 16 USC 1132 //
In order to guarantee the continued viability of the Ventana
watershed and to insure the continued health and safety of the
communities serviced by such watershed, the management plan for
the Ventana area to be prepared following designation as
wilderness shall authorize the Forest Service to take whatever
appropriate actions are necessary for fire prevention and
watershed protection including but not limited to, acceptable fire
presuppression and fire suppression measures and techniques. Any
special provisions contained in the management plan for the
Ventana Wilderness area shall be incorporated in the planning for
the Los Padres National Forest;
(e) certain lands in the White River National Forest, Colorado,
which comprise approximately seventy-four thousand four hundred
and fifty acres, are generally depicted as area " A" on a map
entitled " Hunter-Fryingpan Wilderness Area--Proposed", and shall
be known as the Hunter-Fryingpan Wildernss. The area commonly
known as the " Spruce Creek Addition", depicted as area " B" on
said map and comprising approximately eight thousand acres, shall,
in accordance with the provisions of subsection 3( d) of the
Wilderness Act,
// 16 USC 1132. //
be reviewed by the Secretary as to its suitability or
nonsuitability for preservation as wilderness. The Secretary shall
complete his review and report his findings to the President and
the President shall submit to the United States Senate and the
House of Representatives his recommendation with respect to the
designation of the Spruce Creek area as wilderness not later than
two years from the date of enactment of this Act. Subject to
valid existing rights, the wilderness study area designated by
this subsection shall, until Congress determines otherwise, be
administered by the Secrertary so as to maintain presently
existing wilderness character and potential for inclusion in the
National Wilderness Preservation System. No right, or claim of
right, to the diversion and use of the waters of Hunter Creek, the
Fryingpan or Roaring Fork Rivers, or any tributaries of said
creeks or rivers, by the Fryingpan-Arkansas Project, Public law 87
- 590,
// 43 USC 616 //
Eighty-seventh Congress, and the reauthorization thereof by Public
Law 93 - 493,
// 43 USC 600f. //
Ninety-third Congress, under the laws of the State of Colorado,
shall be prejudiced, expanded, diminished, altered, or affected by
this Act. Nothing in this Act shall be construed to expand,
abate, impair, impede, or interfere with the construction,
maintenance, or repair of said Fryingpan-Arkansas Project
facilities, nor the operation thereof, pursuant to the Operating
Principles, House Document Numbered 130, Eighty-seventh Congress,
and pursuant to the water laws of the State of Colorado;
(f) certain lands in the Cibola National Forest, New Mexico,
which comprise about thirty-seven thousand acres, are generally
depicted on a map entitled " Manzano Mountain Wilderness Area--
Proposed", and shall be known as the Manzano Mountain Wilderness;
(g) certain lands in Cibola National Forest, New Mexico, which
comprise about thirty thousand nine hundred and thirty acres, are
generally depicted on a map entitled " Sandia Mountain Wilderness
Area (North and South Units)--Proposed", and shall be known as the
Sandia Mountain Wilderness;
(h) certain lands in the Santa Fe and Carson National Forests,
New Mexico, which comprise approximately fifty thousand three
hundred acres, are generally depicted on a map entitled " Chama
River Canyon Wilderness Area--Proposed", and shall be known as the
Chama River Canyon Wilderness;
(i) certain lands in Wasatch and Unita National Forests, Utah,
which comprise about twenty-nine thousand five hundred and
sixty-seven acres, are generally depicted on a map entitled " Lone
Peak Wilderness Area--Proposed", and shall be known as the Lone
Peak Wilderness: Provided, That the Forest Service is directed to
utilize whatever sanitary facilities are necessary (including but
not limited to vault toilets, which may require service by
helicopter) to insure the continued health and safety of the
communities serviced by the Lone Peak watershed; furthermore,
nothing in this Act shall be construed to limit motorized access
and road maintenance by loal municipalities for those minimum
maintenance activities necessary to guarantee the continued
viability of whatsoever watershed facilities currently exist, or
which may be necessary in the future to prevent the degradation of
the water supply in the Lone Peak area;
(j) certain lands in the Medicine Bow National Forest, Wyoming,
which comprise about fourteen thousand nine hundred and forty
acres, are generally depicted on a map entitled " Savage Run
Wilderness Area--Proposed", and shall be known as the Savage Run
Wilderness; and
(k) certain lands in Lolo National Forest, Montana, which
comprise approximately twenty-eight thousand four hundred and
forty acres are generally depicted on a map entitled " Welcome
Creek Wilderness Area--Proposed", and shall be known as the
Welcome Creek Wilderness.
Sec. 3. In furtherance of the purposes of the Wilderness Act, // 16
USC 1132 // the following lands (hereinafter referred to as "wilderness
areas") as generally depicted on maps appropriately referenced, dated
January 1978, are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System--,
(a) certain lands in the Siskiyou National Forest, Oregon,
which comprise about ninety-two thousand acres, are generally
depicted on a map entitled " Kalmiopsis Wilderness Additions--,
Proposed", and which are hereby incorporated in and shall be
deemed to be a part of the Kalmiopsis Wilderness as designated by
Public Law 88 - 577;
// 16 USC 1131 //
(b) certain lands in the Siskiyou National Forest, Oregon,
which comprise about thrity-six thousand seven hundred acres, are
generally depicted on a map entitled " Wild Rogue Wilderness--
Proposed", and shall be known as the Wild Rogue Wilderness:
Provided, that the portion of the segment of the Rogue River
designated as a component of the National Wild and Scenic Rivers
System by section 3(a)(5) of the Wild and Scenic River Act (82
Stat. 906, as amended)
// 16 USC 1274. //
which lies within the Wild Rogue Wilderness shall be managed as a
wild river notwithstanding section 10(b) of that Act
// 16 USC 1281. //
or any provisions of the Wilderness Act to the contrary;
(c) certain lands in the Umatilla National Forest, Oregon and
Washington, which comprises about one hundred and eighty thousand
acres, are generally depicted on a map entitled " Wenaha-Tucannon
Wilderness-Proposed", and shall be known as the Wenaha-Tucannon
Wilderness;
(d) certain lands in the Mount Hood National Forest, Oregon,
which comprise about thirty-three thousand acres, are generally
depicted on a map entitled " Mount Hood (Zig Zag) Proposed
Wilderness Additions", and which are hereby incorporated in, and
shall be deemed to be a part of the Mount Hood Wilderness as
designated by Public Law 88 - 577; and
(e) certain lands in the Willamette National Forest, Oregon,
which comprise about forty-five thousand four hundred acres, are
generally depicted on a map entitled " French Pete Creek and Other
Proposed Additions, Three Sisters Wilderness", and which are
hereby incorporated in, and shall be deemed to be a part of, the
Three Sisters Wilderness as designated by Public Law 88 - 577.
// 16 USC 1131 //
Sec. 4. (a)(1) In furtherance of the purposes of the Wilderness Act,
// 16 USC 1132 // certain lands in the Nezperce National Forest, Idaho,
which comprise about two hundred and six thousand acres, as generally
depicted under the category " Wilderness" on a map entitled "
Gospel-Hump Planning Unit" and date January 1978, are hereby designated
as wilderness and therefore, as components of the National Wilderness
Preservation System.
(2) Certain other contiguous roadless lands which comprise about
ninety-two thousand acres, as generally depicted on said map as "
Management Areas" shall be managed in accordance with the multipurpose
resource development plan required by this section.
(3) Certain other contiguous roadless lands which comprise about
forty-five thousand acres, as generally depicted on said map as "
Development Areas" shall be immediately available for resource
utilization under the existing applicable Forest Service land management
plans.
(b)(1) Within ninety days after enactment of this Act, the Secretary
shall appoint a seven-member Advisory Committee (hereinafter referred to
as the " Committee") on the management of the Gospel-Hump Area who shall
advise the Secretary as to the progress of the fish and game research
program, and the multipurpose resource development plan required by this
section, and who shall evaluate the results of the research program and
development plan on an ongoing basis.
(2) The Committee shall be comprised of two members of the timber
industry who purchase timber from the Nezperce National Forest, two
members from organizations who are actively engaged in seeking the
preservation of wilderness lands, and three members from the general
public who otherwise have a significant interest in the resources and
management of the Gospel-Hump Area.
(3) Committee members shall serve without pay except that while away
from their homes or regular places of business in performance of
services for the Committee, members of the Committee shall be allowed
travel expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in the Government service are
allowed under section 5703(b) of title 5 of the United States Code.
(4) The Secretary shall provide that the Committee shall meet as soon
as practicable after all the members are appointed, but in no case later
than one hundred and fifty days after the enactment of this Act.
Subsequently, the Committee shall meet every one hundred and eighty
days, or as often as the Secretary deems necessary.
(5) The Committee shall terminate one hundred and fifty days after
transmittal of the completed multipurpose resource development plan
required under this section.
(c)(1) The Secretary shall cooperate with agencies and institutions
of the State of Idaho, and with the Secretary of the Interior, in
conducting a comprehensive fish and game research program within the
Gospel-Hump Area and surrounding Federal lands in north-cental Idaho.
The Secretary shall assure that this research program includes detailed
investigations concernig resident and anadromous fisheries resources
(including water quality relationships) and the status, distribution,
movements, and management of game populations, in order to provide
findings and recommendations concerning integration of land management
and development with the protection and enhancement of these fish and
game resources.
(2) To carry out the comprehensive fish and game research program,
The Secretary is authorized to make grants of funds to agencies and
institutions of the State of Idaho and to provide the assistance of
personnel from agencies under his jurisdiction.
(3) The Secretary shall assure that the comprehensive fish and game
research program is scheduled and progressing on a timely basis so that
findings and recommendations are fully integrated in preparation of the
multipurpose resource development plan required by this section.
(d)(1) Within four years after enactment of this Act, the Secrertary
shall implement a multipurpose resource development plan for development
of the Federal lands identified on the map referenced in this section as
" Management Areas".
(2) The multipurpose resource development plan shall comply with the
provisions of the Multipe-Use Sustained-Yield Act of 1960 (74 Stat.
215; 16 U.S.C. 528) and the Forest and Rangeland Renewable Resources
Planning Act of 1974 (88 Stat. 476; 16 U.S.C. 1601) as amended, and
shall conform in all respects to the provisions of the National Forest
Management Act of 1976 (90 Stat. 2949; 16 U.S.C. 1600), including the
regulations, guidelines, and standards promulgated pursuant to those
Acts. In preparing the multipurpose resource development plan, the
Secretary shall take particular care to gather and integrate detailed
field data on soil types and soil hazards, and t to consider timber
volumes, timber site classes, and productivity. The current findings
and recommendations of the comprehensive fish and game research program
and other available information shall be integrated into the preparation
of the multipurpose resource development plan. The multipurpose resource
development plan may be periodically revised to accommodate new
information as it becomes available.
(3) In preparing the multipurpose resource development plan, the
Secretary shall assure adequate public involvement, and he shall make
full use of the recommendations of the Committee established by this
section.
(4) One year after the date of enactment of this Act and every year
thereafter, the Secretary shall review the multipurpose resource
development plan being prepared in accordance with this section to
determine which lands, if any, might be scheduled for development prior
to the completion of the final multipurpose resource development plan.
(5) The Secretary shall publish a notice of the completion of the
multipurpose resource development plan or a portion thereof in the
Federal Register and shall transmit it to the President and to the
Senate and House of Representatives. The completed multipurpose
resource development plan or relevant portions thereof shall be
implemented by the Secretary no earlier than ninety days and no later
than one hundred and fifty calendar days from the date of such
transmittal.
(e) The Secretary shall prepare a wilderness management plan for the
Gospel-Hump Wildreness designated pursuant to this section, taking into
account the findings of the comprehensive fish and game research
program.
(f) Within thrity days after the date of enactment of this Act, the
Secretary shall include the timber resources on the lands identified on
the map referenced in this section as " Development Areas" and "
Management Areas" within the annual allowable timber harvest level for
the Nezperce National Forest.
(g) Nothing in this Act shall prevent within the Gospel-hump
Wilderness Area any activity, including prospecting, for the purpose of
gathering information about mineral or other resources, if such activity
is carried on in a manner compatible with the preservation of the
wilderness environment. Furthermore, in accordance with such program as
the Secretary of the Interior shall develop and conduct in consultation
with the Secretary, the Gospel-Hump Wilderness Area shall be surveyed on
a planned recurring basis consistent with the concept of wilderness
prservation by the Geological Survey and the Bureau of Mines to
determine the mineral values, if any, that may be present, and the
results of such surveys shall be made available to the public and
submitted to the President and the Congress.
(h) There are hereby authorized to be appropriated after October 1,
1978, such funds as may be necessary to carry out the comprehensive fish
and game research program and the multimpurpose resource development
plan authorized under this section. Appropriations requests by the
President to implement the multipurpose resource development plan shall
express in qualitative and quantitative terms the most rapid and
judicious manner and methods to achieve the purposes of this Act.
Amounts appropriated to carry out this Act shall be expended in
accordance with the Budget Reform and Impoundment Control Act of 1974
(88 Stat. 297). // 31 USC 1301 //
Sec. 5. Subject to valid existing rights, each wilderness area
designated by this Act // 16 USC 1131 // shall be administered by the
Secretary in accordance with the provisions of the Wilderness Act:
Provided, 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: Provided further, That with respect to the
Gospel-Hump Wilderness Area designated by section 4(a)(1) of this Act,
all references under section 4(d)(3) of the Wilderness Act of 1964 to
December 31, 1983, shall be deemed to be December 31, 1988, and any
reference to January 1, 1984, shall be deemed to be January 1, 1989:
Provided, however, That all activities resulting from the exercise of
valid existing mineral rights on patented or unpatented mining claims
within the Gospel-Hump Wilderness Area shall be subject to regulations
presecribed by the Secretary as he deems necessary or desirable for the
preservation and management of this area.
Sec. 6. As soon as practicable after enactment of this Act, a map
and a legal description of each wilderness area shall be filed with the
Committee on Energy and Natural Resources of the United States Senate
and the Committee on Interior and Insular Affairs of the House of
Reprsentatives, and each such map and description shall have the same
force and effect as if included in this Act: Provided, That correction
of clerical and typographical errors in each such legal description and
map may be made. Each such map and legal description shall be on file
and available for public inspection in the Office of the Chief of the
Forest Service, Department of Agriculture.
LEGISLATIVE HISTORY:
HOUSE REPORS: No. 95 - 540 (Comm. on Interior and Insular Affairs)
and No. 95 - 861 (Comm. of Conference).
SENATE REPORTS: No. 95 - 490 (Comm on Energy and Natural Resources),
and No. 95 - 626 (Comm. of Conference).
CONGRESSIONAL RECORD:
vol. 123 (1977): Sept. 12, considered and passed House.
Oct. 20 considered and passed Senate, amended.
Vol. 124 (1977): Feb. 8 Senate agreed to conference reprot.
Feb. 9, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 8 (1978): Feb. 24, Presidential statement
PUBLIC LAW 95-236, 92 STAT. 38
Be it enacted by the Senate and House Representatives of the United
States of America in Congress assembled,
Section 1. In addition to amounts otherwise authorized to be
appropriated and appropriated, there is authorized to be appropriated,
for the fiscal year 1979, $1,500,000 to carry out the provisions of
title II of the Act of June 16, 1972 (Public Law 92 - 314; 86 Stat.
226).
Sec. 2. (a) Section 202 of the Act of June 16, 1972, is amended--,
(1) in subsection (b), by striking out "four years" and
inserting in lieu thereof "eight years"; and
(2) by striking out "and" at the end of subsection (f), by
striking out the colon at the end of subsection (g) and inserting
a semicolon in lieu thereof, and by inserting after subsection (g)
the following new subsections:
"(h) that, notwithstanding any requirement under subsection (b)
or (c) of this section, payment for any remedial action commenced
before the date of the enactment of this subsection may be made by
the State of the property owner of record at the time such action
was undertaken, but only if application therefor is filed by such
owner with the State of Colorado within one year after such date
of enactment and if the Secretary determines that such remedial
action was undertaken in accordance with otherwise applicable
provisions of this title and regulations thereunder; and
"(i) that the provision of subsection (c) of this section
requiring any remedial action undertaken under this title be
performed by the State of Colorado or its authorized contractor
may be waived in writing by the State, with the approval of the
Secretary, but only if application therefor is filed with the
State by the property owner of record requesting such waiver and
such waiver is granted before the commencment of such remedial
action:".
(b) Title II of such Act is amended by adding at the end thereof the
following new section:
" Sec. 205. Not later than one year after the date of the enactment
of this section, the Secretary of Energy shall prepare and submit a
detailed report to the Committees on Interstate and Foreign Commerce and
on the Interior and Insular Affairs of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate with respect
to actions taken or to be taken under this title, including data on
payments made to the State and owners of record and a time table of
those actions yet to be taken.".
(c) Section 202 of such Act // 86 Stat. 226. // is further
amended--,
(1) by striking out " Atomic Energy Commission" each place it
appears and inserting " Secretary of Energy" in lieu thereof;
(2) by striking out " Commission" each place it appears and
inserting " Secretary" in lieu thereof; and
(3) by striking out "the Joint Committee on Atomic Energy" each
place it appears and inserting "both Houses of Congress" in lieu
thereof.
(d) Section 203 of such Act // 86 Stat. 226. // is amended--,
(1) by striking out " Atomic Energy Commission" and inserting "
Secretary of Energy" in lieu thereof; and
(2) by striking out "as it deems necessary" and inserting "as
he deems necessary" in lieu thereof.
(e) Authority to make payments under title II of such Act under
amendments made by this Act shall be available only to such extent or in
such amounts as are provided in advance in appropriation Acts.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 649, pt. 1 (Comm. on Interstate and Foreign
Commerce) and No. 95 - 649, pt. 2 (Comm. on Interior and Insular
Affairs).
SENATE REPORT No. 95 - 75 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Apr. 4, considered and passed Senate.
Vol. 124 (1978): Jan. 24, considered and passed House,
amended.
Feb. 7, Senate concurred in House amendments.
PUBLIC LAW 95-235, 92 STAT. 37
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Mayor of the
District of Columbia may enter into an agreement with the United States
Postal Service to enable the United States Postal Service to construct a
conveyor bridge over First Street Northeast between Union Station
Terminal and the City Post Office located at North Capitol Street and
Massachusetts Avenue Northeast. Any such agreement shall provide that
such construction, and the use of such bridge, shall not be inconsistent
with the use, operation, and maintenance of any street or alley and
shall not deprive any real property not owned by the United States and
administered by the United States Postal Service of easements of light,
air, and access.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 611 (Comm. on the District of Columbia).
SENATE REPORT No. 95 - 622 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
Vol 123 (1977): Sept. 26, considered and passed House.
Vol 124 (1978): Feb. 6, considered and passed Senate.
PUBLIC LAW 95-234, 92 STAT. 33, COMMUNICATION ACT AMENDMENTS OF 1978.
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 " Communications Act Amendment of 1978". // 47 USC 609 //
Sec. 2. Section 503(b) of the Communications Act of 1934 (47 U.S.C.
503(b)) is amended to read as follows:
"(b) Any person who is determined by the Commission, in accordance
with paragraph (3) or (4) of this subsection, to have--,
"(A) willfully or repeatedly failed to comply substantially
with the terms and conditions of any license, permit, certificate
or other instrument or authorization issued by the Commission;
"(B) willfully or repeatedly failed to comply with any of the
provisions of this Act or of any rule, regulation, or order issued
by the Commission under this Act or under any treaty, convention,
or other agreement to which the United States is a party and which
is binding upon the United States;
"(C) violated any provision of section 317(c) or 590(a) of this
Act;
// 47 USC 317, 509. //
or
"(D) violated any provision of section 1304, 1343, or 1464 of
title 18, United States Code;
shall be liable to the United States for a forfeiture penalty. A
forfeiture provided for by this Act; except that this subsection shall
not apply to any conduct which is subject to forfeiture under title II,
part II or III of title III, or section 507 of this Act. // 47 USC 201,
351, 381, 507 //
"(2) The amount of any forfeiture penalty determined under this
subsection shall not exceed $2,000 for each violation. Each day of a
continuing violation shall constitute a separate offense, but the total
forfeiture penalty which may be imposed under this subsection, for acts
or omissions described in paragraph (1) of this subsection and set
forthe in the notice or the notice of apparent liabiltiy issued under
this subsection, shall not exceed--,
"(A) $20,000 if the violator is (i) a common carrier subject to
the provisions of this Act, (ii) a broadcast station licensee or
permittee, or (iii) a cable television operator; or
"(B) $5,000, in any case not covered by subparagraph (A).
The amount of such forfeiture penalty shall be assessed by the
Commission, or its designee, by written notice. In determining the
amount of such a forfeiture penalty, the Commission or its designee
shall take into account the nature, cirecumstances, extent, and gravity
of the prohibited acts committed and, with respect to the violator, the
degree of culpability, any histor of prior offenses, ability to pay, and
such other matters as justice may require.
"(3)(A) At the discretion of the Commission, a forfeiture penalty may
be determined against a person under this subsection after notice and an
opportunity for a hearing before the Commission or an administrative law
judge thereof in accordance with section 554 of title 5, United States
Code. Any person against whom a forfeiture penalty is determined under
this paragraph may obtain review thereof pursuant to section 402(a). //
47 USC 402 //
"(B) If any person fails to pay an assessment of a forfeiture penalty
determined under subpargraph (A) of this paragraph, after is has become
a final and unappealable order of after the appropriate court has
entered final judgment in favor of the Commission, the Commission shall
refer the matter to the Attorney General of the United States, who shall
recover the amount assessed in any appropriate district court of the
United States. In such action, the validity and appropriateness of the
final order imposing the forfeiture penalty shall not be subject to
review.
"(4) Except as provided in paragraph (3) of this subsection, no
forfeiture penalty shall be imposed under this subsection against any
person unless and until--,
"(A) the Commission issues a notice of apparent liability, in
writing, with respect to such person;
"(B) such notice has been received by such person, or until the
Commission has sent such notice to the last known address of such
person, by registered or certified mail; and
"(C) such person is granted an opportunity to show, in writing,
within such reasonable period of time as the Commission prescribes
by rule or regulation, why no such forfeiture penalty should be
imposed.
Such a notice shall (i) identify each specific provision, term, and
condition of any Act, rule, regulation, order, treaty, convention, or
other agreement, license, permit, certificate, instrument, or
authorization which such person apparently violated or with which such
person apparently failed to comply; (ii) set forth the nature of the
act or omission charged against such person and the facts upon which
such charge is based; and (iii) state the date on which such conduct
occurred. Any forfeiture penalty determined under this paragraph shall
be recoverable pursuant to section 504(a) of this Act.
"(5) No forfeiture liability shall be determined under this
subsection against any person, if such person does not hold a license,
permit, certificate, or other authorization issued by the Commission,
unless, prior to the notice required by paragraph (3) of this subsection
or the notice of apparent liability required by paragraph (4) of this
subsection, such person (A) is sent a citation of the violation charged;
(B) is given a reasonable opportunity for a personal interview with an
official of the Commission, at the field office of the Commission which
is nearest to such person's place of residence; and (C) subsequently
engages in conduct of the type described in such citation. The
provisions of this paragraph shall not apply, however, if the person
involved is engaging in activities for which a license, permit,
certificate, or other authorization is required. Whenever the
requirements of this paragraph are satisfied with respect to a
particular person, such person, such person shall not be entitled to
receive any additional citation of the violation charged, with respect
to any conduct of the type described in the citation sent under this
paragraph.
"(6) No forfeiture penalty shall be determined or imposed against any
person under this subsection if--,
"(A) such person holds a broadcast station license issued under
title III of this Act
// 47 USC 301 //
and if the violation charged occurred--,
whichever is earlier so long as such violation occurred within 3
years prior to the date of issuance of such requried notice; or
"(B) such person does not hold a broadcast station license
issued under title III of this Act
// 47 USC 301 //
and if the violation charged occurred more than 1 year prior to
the date of issuance of the required notice or notice of apparent
liability.".
Sec. 3. (a) The first sentence of section 504(a) of the
Communications Act of 1934 (47 U.S.C. 504(a)) is amended by inserting
immediately after "recoverable" the following: ", except as otherwise
provided with respect to a forfeiture penalty determined under section
503(b)(3) of this Act,". // 47 U.S.C. 503 //
(b) Section 504(b) of such Act is amended (1) by striking out "parts
II and III of title III and section 503(b), section 507, and section
510" // 47 USC 351,381, 503, 507, 510 // and inserting in lieu thereof
"title II, parts II and III of title III, and sections 503(b) and 507";
and (2) by striking out ", upon application therefor,".
Sec. 4. Section 510 of the Communications Act of 1934 (47 U.S.C.
510) // 47 USC 201, 351, 381, 503 507. // is repealed in its entitely.
Sec. 5. Secion 2(b) of the Communications Act of 1934 (47 U.S.C.
152(b)) is amended by striking the word " Subject" and inserting in lieu
thereof the following " Except as provided in section 224 and subject".
Sec. 6. Title II of the Communications Act of 1934 // 47 USC 224 //
is amended by adding at the end thereof the following new section:
" Sec. 224. (a) As used in this section:
"(1) The term 'utitly' means any person whose rates or charges are
regulated by the Federal Government or a State and who owns or controls
poles, ducts, conduits, or right-of -way used, in whole or in part, for
wire communication. Such term does not include any railroad, any person
who is cooperatively organized, or any person owned by the Federal
Government any State.
"(2) The rterm ' Federal Government' means the Government of the
United States or any agency or instrumentality thereof.
"(3) The term ' State' means any State, territory, or possession of
the United States, the District of Columbia, or any political
subdivision, agency, or instrumentality thereof.
"(4) The term 'pole attachment' means any attachment by a cable
television system to a pole, duct, conduit, or right-of-way owned or
controlled by a utility.
"(b)(1) Subject to the provisions of subsection (c) of this section,
the Commission shall regulate the rates, terms, and conditions for pole
attachments to provide that such rates, terms, and conditions are just
and reasonable, and shall adopt procedures necessary and appropriate to
hear and resolve complaints concerning such rates, terms, anc
conditions. For purposes of enforcing any determinations resulting from
complaint procedures established pursuant to this subsection, the
Commission shall take such action as it deems appropriate and necessary,
including issuing cease and desist orders, as authorized by section
312(b) of title III of the Communications Act of 1934, // 47 USC 312 //
as amended.
"(2) Within 180 days from the date of enactment of this section the
Commission shall prescribe by rule regulations to carry out the
provisions of this section.
"(c)(1) Nothing in this section shall be construed to apply to, or to
give the Commission jurisdiction with respect to rates, terms, and
conditions for pole attachments in any case where such matters are
regulated by a State.
"(2) Each State which regulates the rates, terms, and conditions for
pole attachments shall certify to the Commission that--,
"(a) it regulates such rates, terms, and conditions; and
"(B) in so regulating such rates, terms and conditions, the
State has the authority to consider and does consider the
interests of the subscribers of cable television services, as well
as the interests of the consumers of the utility services.
"(d)(1) For purposes of subsection (b) of this section, a rate is
just and reasonable if it assures a utility the recovery of not less
than the additional costs of providing pole attachments, nor more than
an amount determined by multiplying the percentage of the total usable
space, or the percentage of the total duct or conduit capacity, which is
occupied by the pole attachment by the sum of the operating expenses and
actual capital costs of the utility attributable to the entire pole,
duct, condut, or right-of-way.
"(2) As used in this subsection, the term 'usable space' means the
space above the minimum grade level which can be used for the attachment
of wires, cables, and associated equipment.
"(e) Upon the expiration of the 5-year period that begins on the date
of enactment of this Act the provisions of subsction (d) of this section
shall cease to have any affect.".
Sec. 7. The amendments made by this Act // 47 USC 152 // shall take
effect on the thirtieth day after the date of enactment of this Act;
except that the provisions of sections 503(b) and 510 of the
Communications Act of 1934, // 47 USC 510 // as in effect on such date
of enactment, shall continue to constitute the applicable law with the
respect to any act or omission which occurs prior to such thirtieth day.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 721 and 95 - 721, pt. 2 (Comm. on Interstate
and Foreign Commerce).
SENATE REPORT No. 95 - 580 accompanying S. 1547 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 25, considered and passed House.
Vol. 124 (1978): Jan. 31, considered and passed Senate,
amended, in lieu of S. 1547.
Feb. 1, House concurred in Senate amendment, with amendments.
Feb. 6, Senate disagreed to House amendments Nos. 1, 2, and 3;
concurred in amendment No. 4, with an amendment. House receded
from amendments Nos. 1, 2, and 3; concurred in Senate amendment
of No. 4.
PUBLIC LAW 95-233, 92 STAT. 32
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 14(e) of
the National Forest Management Act of 1976 (90 Stat 2959; 16 U.S.C.
472a(e)) is amended to read as follows:
"(e)(1) In the sale of trees, portions of trees, or forest products
from National Forest System lands (hereinafter referred to in this
subsection as 'national forest materials'), the Secretary of Agriculture
shall select the bidding method or methods which--,
"(A) insure open and fair competition;
"(B) insure that the Federal Government receive not less than
the appraised value as required by subsection (a) of this section;
"(C) consider the economic stability of communities whose
economies are dependent on such national forest materials, or
achieve such other objectives as the Secretary deems necessary;
and
"(D) are consistent with the objectives of this Act and other
Federal statutes.
The Secretary shall select or alter the bidding method or methods as he
determines necessary to achieve the objectives stated in clauses (A),
(B), (C) and (D) of this paragraph.
"(2) In those instances when the Secretary selects oral auction as
the bidding method for the sale of any national forest marteials, he
shall require that all prospective purchasers submit written sealed
qualifying bids. Only prospective purchasers whose written sealed
qualifying bids are equal to or in excess of the appraised value of such
national forest materials may participate in the oral bidding process.
"(3) The Secretary shall monitor bidding patterns involved in the
sale of national forest materials. If the Secretary has a reasonable
belief that collusive bidding practices may be occurring, then--,
"(A) he shall report any such instances of possible collusive
bidding or suspected collusive bidding practices to the Attorney
General of the United States with any and all supporting data;
"(B) he may alter the bidding methods used within the affected
area; and
"(C) he shall take such other action as he deems necessary to
eliminate such practices within the affected area.".
LEGISLATIVE HISTORY:
HOUSE ROPORT No. 95 - 402 accompanying H.R. 6362 (Comm. on
Agriculture).
SENATE REPORT No. 95 - 333 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 14, considered and passed Senate.
Vol. 124 (1978): Feb. 6, considered and passed House, in lieu
of H.R. 6362.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 8 (1978): Feb. 20, Presidential statement.
PUBLIC LAW 95-232, 92 STAT. 30
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the duly authorized
officials of each of the Indian pueblos of New Mexico are hereby
authorized to convey to the United States all the right, title, and
interest of such pueblos in the land located in Albuquerque, County of
Bernalillo, State of New Mexico, which was conveyed to such pueblos on
behalf of the United States and the Secretary of the Interior by the
quitclaim deed executed on June 17, 1969, by the Acting Commissioner of
Indian Affairs and by the correction quitclaim deed executed July 30,
1970, by the Commissioner of Indian Affairs, and which is described as
follows:
A tract of land lying and being situated in section 7, township 10
north, range 3 east of the New Mexico principal meridian, within the
city of Albuquerque, County of Bernalillo, State of New Mexico, said
tract being more particularly described as follows:
Beginning at a point on the west right-of way line for 12th street
and the north right-of-way line for Indian School Road, said point also
being corner No. 2 of tract herein described and from whence the New
Mexico Highway Department Triangulation Station 1 - 40 - 15 habing
established coordinates of Y - 1494103.76, X - 378204.72 of the New
Mexico coordinate system, central zone, bears S. 16 degrees 02 minutes
03 seconds E., 989.43 feet.
Thence north 59 degrees 58 minutes 22 seconds west, 281.29 feet along
the north right-of-way of Indian School Road to the point of curvature
and corner No. 3 of said tract.
Thence in a northwesterly direction 212.69 feet along the range/west
curve concave to the northeast having a radius of 1,393.27 feet to
corner No. 4.
Thence north 8 degrees 49 minutes 05 seconds east, 865.60 feet to
corner No. 5, a point on the south right-of-way of Menaul Boulevard
extension.
Thence in a northeasterly direction 493.42 feet along the range/west
curve concave of the south having a radius of 716.20 feet to corner No.
1, a point on the west range/west line for 12th Street.
Thence south 8 degrees 16 minutes west, 1,255.45 feet along said
range/west to corner No. 2, the point and place of beginning, said tract
containing 11.2857 acres, more or less.
Y-- X--
(b) Upon approval by the Secretary of the Interior, the Secretary
shll accept such conveyances on hehalf of the United States. Such land
shall be held in trust jointly for such Indian pueblos and shall enjoy
the tax-exempt status of other trust lands, including exemption from
State taxation and regulation. However, such property shall not be "
Indian country" as defined in section 1151 of title 18, United States
Code. The Secretary shall cause a description of such trust land to be
published in the Federal Register.
(c) Nothing in this Act shall terminate or diminish the rights or
interests of the Indian Pueblo Cultural Center, Inc., as an assignee or
subleasee of the lease of such land to the All Indian Pueblo Council,
Inc., approved on August 27, 1974, by the Bureau of Indian Affairs.
(d) Nothing in this Act shall alter the rights or interest, if any,
in the adjacent lands previously conveyed to the Ocunty of Bernalillo
for Four-H Club use by deed dated March 22, 1960.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 846 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 445 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 29, considered and passed Senate.
Vol. 124 (1978): Beb. 6, considered and passed House.
PUBLIC LAW 95-231, 92 STAT. 29
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That Section 27(6) of
the Interstate Commerce Act (49 U.S.C. 26b(6)) is amended--,
(1) by striking out "and" immediately after "1976,"; and
(2) by inserting immediately before the period at the end
thereof the following: ", and not to exceed $1,000,000 for the
fiscal year ending September 30, 1978".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 334 (Comm. on Interstate and Foreign Commerce).
CONGRESSIONAL RECORD Vol. 124 (1978):
Jan. 30, considered and passed House.
Jan. 31, considered and passed Senate.
PUBLIC LAW 95-230, 92 STAT. 28
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Act of
August 27, 1935 (Ch. 745, 49 Stat. 887), as amended by section 5 of the
Act of June 20, 1938 (Ch. 525, 52 Stat. 779), the Act of April 24, 1946
(Ch. 219, 60 Stat. 121), the Act of May 29, 1956 (Public Law 546, 70
Stat. 221), and by the Act of July 27, 1965 (Public Law 89 - 94, 79
Stat. 285), is further amended by deleting the words "for a period of
not to exceed five years."
(b) The Secretary of the Treasury is authorized and directed to make
payments under the authority of the Act amended by subsection (a) of
this Act for all such periods between the date of expiration or lapse of
such Act and the date of enactment of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 570 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 575 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 19, considered and passed House. Nov.
3, considered and passed Senate, amended.
Vol. 124 (1978): Jan 31, House concurred in Senate amendments.
PUBLIC LAW 95-229, 92 STAT. 26
Whereas the Bicentennial of the adoption of the Declaration of
Independence of the United States of America has been commemorated with
the breadth and dignity befitting the American diversity, and
Whereas the Bicentennial celebration during 1976 saw the majority of
our citizens participate in activities which helped to improve the
quality of life for millions of Americans in thousands of communities
across this nation while each were brushed with a sense of our past, out
history, and
Whereas the Bicentennial year has given us great impetus to continue
our historical review as we realize that the signing of the Declartion
of Independence was only the beginning of our struggle to become a
nation, and
Whereas it was the ratification of the Constitution and the inaugural
of our first President the following year that truly signaled the
beginning of our success under the great American experiment, and
Whereas the Members of the Congress of the United States of America
recognize that from the careful study and commemoration of past events
and writings can we have a better understanding to make sound judgments
affecting our future, and
Whereas the Congress of the United States assembled in the United
States Capitol Building stands as a working and living symbol of our
Republic, the oldest continuously democratic form of government in
history, and
Whereas the United States Capitol Historical Society represents all
Americans through their duly elected Representatives who themselves are
members of the Society, and
Whereas the United States Capitol Historical Society was founded in
1962 with the express purpose to encourage an understanding by the
people of the founding, growth and significance of the Capitol of the
United States as a tangible symbol of their free representative
government, and
Whereas the United States Capitol Historical Society has historically
undertaken scholarly research, citizen study of the Constitution of the
United States and other significant contributions to art, restoration,
publication and film without appropriated funds to promote an
understanding of the richness and inspiration of our history, and
Whereas the United States Capitol Historical Society seeks to foster
and increase an informed patriotism of the land in the study of those
historic events and personalities who contributed to the founding of the
Nation and our Constitution form of government, and
Whereas the United States Capitol Historical Society recongnize the
need to promote greater awareness of theevents which led to the adoption
of the Articles of Confederation, our first effort at governing our
Republic, the intervening struggle for independence and finally the
adoption of the Constitution of the United States of America, and
Whereas it is recognized that one means to generate a greater
awareness of the events and personalities who helped form our national
fabric is to commemorate these events and personalities on medals to be
struck by the Secretary of the Treasury and made available for purchase
by the citizenry; Now, therefore, be it
Resolved by the Senate and House of Representatives of the Untied
States of America in Congress assembled, That, in commemoration of the
Bicentennial of the founding of the United States of America and the
adoption of the Constitution of the United States of America and of
those individuals who participated in the American Revolution, the
Secretary of the Treasury shall strike and furnish to the United States
Capitol Historical Society (hereinafter referred to as the " Society")
no more than 104,000 medals with suitable designs, emblems and
inscriptions to be determined by the Society, with the concurrence of
the Commission of Fine Arts, subject to the approval of the Secretary of
the Treasury. The medals shall be made and issued at such times and in
such quantities as may be required by the Society and subject to the
approval of the Secretary of the Treasury but no medals shall be made
after December 31, 1978. The medals shall be considered to be national
medals within the meaning of section 3551 of the Revised Statutes (31
U.S.C. 368).
Sec. 2. The medals shall be furnished by the Secretary of the
Treasury to the Society at a price equal to the cost of manufacture,
including labor, materials, dies, use of machinery, and overhead
expenses, plus a surcharge equal to 25 per centum of such cost of
manufacture. Such surcharge shall be deposited in the Treasury as
miscellaneous receipts. Security satisfactory to the Director of the
Mint shall be furnished by the Society to indemnify the United States
for full payment of the costs of manufacture.
Sec. 3. The medals authorized to be issued pursuant to this Act
shall be struck in bronze, silver and gold and shall be of such size or
sizes as is determined by the Secretary of the Treasury in consultation
with the Society.
LEGISLATIVE HISTORY:
SENATE REPORT No. 95 - 611 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 27, considered and passed house.
Vol. 124 (1978: Jan 23, considered and passed Senate, amended.
Jan. 31, House concurred in Senate amendments.
PUBLIC LAW 95-228, 92 STAT. 25
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3306 of
title 5, United States Code, relating to apportionment of appointments
in the departmental service in the District of Columbia among the
States, territories, possessions, and the District of Columbia on the
basis of population as determined at the last census, is repealed.
Sec. 2. (a) The section analysis for subchapter I of chapter 33 of
title 5, United States Code, is amended by striking out the following:
"3306. Competitive service; departmental service; apportionment."
(b) Section 3302 of title 5, United States Code, is amended by
striking out "3306(a)(1),".
(c) Sections 103(a)(4)(iv), 103(a)(5)(G), 203(a)(4)(iv), 203 (a)(5)(
G) of the District of Columbia Public Education Act // D.C. Code 31 -
1603, 31 - 1623. // are each amended by striking out "3306,".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 593 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 95 - 614 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 19, considered and passed House.
Vol. 124 (178): Jan 26, considered and passed Senate.
PUBLIC LAW 95-227, 92 STAT. 11, BLACK LUNG BENEFITS REVENUE ACT OF
1977.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the " Black Lung Benefits Revenue Act of
1977". // 26 USC 4121 //
SEC. 2. EXCISE TAX ON COAL.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1954
(relating to manufacturers excise taxes) is amended by inserting after
subchapter A the following new subchapter:
" Subchapter B--Coal
" SEC. 4121. // 26 USC 4121 // IMPOSITION OF TAX.
"(a) Tax Imposed.--There is hereby imposed on coal sold by the
producer a tax at the rates of--,
"(1) 50 cents per ton in the case of coal from underground
mines located in the United States, and
"(2) 25 cents per ton in the case of coal from surface mines
located in the United States.
"(b) Limitation of Tax.--the amount of the tax imposed by subsection
(a) with respect to a ton of coal shall not exceed 2 percent of the
price at which such ton of coal is sold by the producer.
"(c) Tax Not To Apply to Lignite.--The tax imposed by subsection (a)
shall not apply in the case of lignite.
"(d) Definitions.--For purposes of this subchapter--,
"(1) Coal from surface mines.--Coal shall be treated as
produced from a surface mine if all of the geological matter above
the coal being mined is removed before the coal is extracted from
the earth. Coal extracted by auger shall be treated as coal from
a surface mine.
"(2) Coal from underground mines.--Coal shall be treated as
produced from an underground mine if it is not produced from a
surface mine.
"(3) United States.--The term ' United States' has the meaning
given to it by paragraph (1) of section 638.
// 26 USC 638. //
"(4) Ton.--The term 'ton' means 2,000 pounds.".
(b) Conforming Amendments.--,
(1) Section 4218(a) of such Code
// 26 USC 4218 //
(relating to use by manufacturer or importer considered sale) is
amended by adding at the end thereof the following new sentence:
" For the purpose of applying the first sentence of this
subsection to coal taxable under section 4121, the words
'(otherwise than as material in the manufacture or production of,
or as a component part of, another article taxable under this
chapter to be manufactured or produced by him)' shall be
disregarded.".
(2) Section 4221(a)
// 26 USC 4221 //
of such Code (relating to certain tax-free sales) is amended by
inserting "(other than under section 4121)" after "this chapter".
(3) Section 4293
// 26 USC 4293. //
of such Code (relating to exemption for United States and
possessions) is amended by inserting "(other than the tax imposed
by section 4121)" after "chapters 31 and 32".
(4) Subsection (b) of section 6416
// 26 USC 6416 //
(relating to special cases in which tax payments are considered
overpayments) is amended--,
(c) Clerical Amendment.--The table of subchapters for chapter 32 of
such Code is amended by inserting after the item relating to subchapter
A the following new item:
(d) Effective Date.--The amendments made by this section // 26 USC
4121 // shall apply with respect to sales after March 31, 1978.
SEC. 3. // 30 USC 934 // TRUST FUND AND OPERATOR LIABILITY.
(a) Establishment of Fund.--,
(1) There is hereby established on the books of the Treasury of
the United States a trust fund to be known as the Black Lung
Disability Trust Fund (to which reference is made elsewhere in
this section as the "fund"). The fund shall remain available
without fiscal year limitation and shall consist of such amounts
as may be appropriated to it or deposited in it as provided in
subsection (b).
(2) The trustees of the fund shall be the Secretary of the
Treasury, the Secretary of Labor, and the Secretary of Health,
Education, and Welfare. The Secretary of the Treasury shall be
the managing trustee and shall hold, operate, and administer the
fund.
(b) Appropriations; Other Receipts.--,
(1) There are hereby appropriated to the fund, out of any money
in the Treasury not otherwise appropriated, amounts equivalent to
the taxes received in the Treasury under section 4121, and by
operation of section 4952, of the Internal Revenue Code of 1954.
The amounts appropriated by this paragraph shall be transferred
monthly from the general fund of the Treasury to the fund on the
basis of estimates made by the Secretary of the amounts of such
taxes received in the Treasury. Proper adjustment shall be made
in the amounts subsequently transferred to the extent prior
estimates were in excess of, or less than, the amounts required to
be transferred.
(2) There are authorized to be appropriated to the fund, as
repayable advances, such sums as may from time to time be
necessary to meet obligations incurred under subsection (a) of
section 424 of the Federal Coal Mine Health and Safety Act of
1969, Advances made pursuant to this paragraph shall be repaid,
and interest on such advances shall be paid, to the general fund
of the Treasury when the Secretary of the Treasury determines that
moneys are available in the fund for such repayments. Interest on
such advances shall be at a rate equal to the average rate of
interest, computed as of the end of the calendar month next
preceding the date of any such advance, borne by all marketable
interest-bearing obligations of the United States then forming a
part of the public debt. When such average rate is not a multiple
of one-eighth of 1 percent, the rate of interest on such advances
shall be the multiple of one-eighth of 1 percent nearest such
average rate.
(3) Amounts paid into the fund by a trust described in section
501(c)(21) of the Internal Revenue Code of 1954 (other than
amounts paid under subsection (b) of section 424 of the Federal
Coal Mine Health and Safety Act of 1969) shall be covered into the
fund.
(4) Amounts repaid or recovered under subsection (b) of section
424 of the Federal Coal Mine Health and Safety Act of 1969 shall
be covered into the fund as repayments of amounts erroneously paid
out.
(5) Amounts paid as fines or penalties, or interest thereon,
under section 423, 431, or 432 of such Act
// 30 USC 933, 941. //
shall be covered into the fund as miscellaneous receipts.
(c) Duties of the Secretary of the Treasury.--,
(1) The Secretary of the Treasury shall hold the fund and
(after consultation with the other trustees of the fund) shall
report to the Congress not later than the last day of March of
1979, and of each succeeding year, on the financial condition and
the results of the operations of the fund during the preceding
fiscal year (including a detailed statement of the expenses paid
out of the fund under subsection (a)(4) of section 424 of the
Federal Coal Mine Health and Safety Act of 1969) and on its
expected condition and operations during the fiscal year in which
the report is made. The report shall be printed as a House
document of the session of the Congress to which the report is
made.
(2) It is the duty of the Secretary of the Treasury to invest
such portion of the fund as is not, in his judgment, required to
meet current withdrawals, including the repayment of advances made
under subsection (b)(2). Such investments shall be made in public
debt securities with maturities suitable for the needs of the fund
and bearing interest at prevailing market rates. The income on
such investments shall be credited to and form a part of the fund.
(d) Payments From Fund.--Section 424 of the Federal Coal Mine Health
and Safety Act of 1969 // 30 USC 934 // is amended to read as follows:
" Sec. 424. (a) Amounts in the Black Lung Disability Trust Fund
(referred to in this section as the 'fund') established under section 3
of the Black Lung Benefits Revenue Act of 1977 shall be available, as
provided by appropriation Acts, for--,
"(1) the payment of benefits under section 422
// 30 USC 932 //
in any case in which the Secretary determines that--,
"(2) the payment of obligations incurred by the Secretary with
respect to all claims of miners or their survivors in which the
miner's last coal mine employment was before January 1, 1970,
"(3) the repayment into the Treasury of the United States of an
amount equal to the sum of the amounts expended by the Secretary
for claims under this part which were paid before April 1, 1978,
except that the fund shall not be olbigated to pay or reimburse
for benefits paid attributable to periods of eligibility before
January 1, 1974.
"(4) the repayment of, and the payment of interest on, advances
to the fund under subsection (b)(2) of section 3 of the Black Lung
Benefits Revenue Act of 1977,
"(5) the payment of all expenses of operation and
administration on and after the effective date of the Black Lung
Benefits Reform Act of 1977 (or any other Act determined by the
Secretary to contain substantially the same provisions) under this
part (other than under section 427(a) or 433),
// 30 USC 937. //
including the administrative expenses incurred by the Department
of Labor under this part, the administrative expenses incurred by
the Department of the Treasury in administering subchapter B of
chapter 32 of the Internal Revenur Code of 1954 and in carrying
out its responsibilities with respect to the fund, and any
expenses incurred by the Department of Health, Education, and
Welfare in connection with the administration of this part, and
"(6) the reimbursement of operators for amounts paid by such
operators (other than as penalties or interest) before April 1,
1978, in satisfaction (in whole or in part) of claims of miners
whose last employment in coal mines was terminated before January
1, 1970.
"(b)(1) If--,
"(A) an amount is paid out of the fund to an individual
entitled to benefits under section 422,
// 30 USC 932. //
and
"(B) the Secretary determines, under the provisions of sections
422 and 423,
// 30 USC 932, 933. //
that an operator was required to secure the payment of all or a
portion of such benefits,
then the operator is liable to the United States for repayment to the
fund of the amount of such benefits the payment of which is properly
attributed to him. No operator or representative of operators may bring
any proceeding, or intervene in any proceeding, held for the purpose of
determining claims for benefits to be paid by the fund, except that
nothing in this section shall affect the rights, duties, or liabilities
of any operator in proceedings under section 422 or section 423. In a
case where no operator responsibility is assigned pursuant to sections
422 and 423, a determination by the Secretary that the fund is liable
for the payment of benefits shall be final.
"(2) If any operator liable to the fund under paragraph (1) refuses
to pay, after demand, the amount of such liability (including interest),
then there shall be a lien in favor of the United States for such amount
upon all property and rights to property, whether real or personal,
belonging to such operator. The lien arises on the date on which such
liability is finally determined, and continues until it is satisfied or
becomes unenforceable by reason of lapse of time.
"(3)(A) Except as otherwise provided under this subsection, the
priority of the lien shall be determined in the same manner as under
section 6323 // 26 USC 6323 // of the Internal Revenue Code of 1954.
That section shall be applied for such purposes--,
"(i) by substituting 'lien imposed by section 424(b)(2) of the
Federal Coal Mine Health and Safety Act of 1969' for 'lien imposed
by section 6321'; 'operator liability lien' for 'tax lien';
'operator' for 'taxpayer'; 'lien arising under section 424(b)(2)
of the Federal Coal Mine Health and Safety Act of 1969' for
'assessment of the tax'; 'payment of the liability is made to the
Black Lung Disability Trust Fund' for 'satisfaction of a levy
pursuant to section 6332(b)'; and 'satisfaction of operator
liability' for 'collection of any tax under this title' each place
such terms appear; and
"(ii) by treating all references to the ' Secretary' as
references to the Secretary of Labor.
"(B) In the case of a bankruptcy or insolvency proceeding, the lien
imposed under paragraph (2) shall be treated in the same manner as a
lien for taxes due and owing to the United States for purposes of the
Bankruptcy Act or section 3466 of the Revised Statutes (31 U.S.C. 191).
// 11 USC 1 //
"(C) For purposes of applying section 6323(a) of the Internal Revenue
Code of 1954 // 26 USC 6323 // to determine the priority between the
lien imposed under paragraph (2) and the Federal tax lien, each lien
shall be treated as a judgment lien arising as of the time notice of
such lien is filed.
"(D) For purposes of this subsection, notice of the lien imposed
under paragraph (2) shall be filed in the same manner as under
subsections (f) and (g) of section 6323 of the Internal Revenue Code of
1954.
"(4)(A) In any case where there has been a refusal or neglect to pay
the liability imposed under paragraph (2), the Secretary may bring a
civil action in a district court of the United States to enforce the
lien of the United States under this section with respect to such
liability or to subject any property, of whatever nature, of the
operator, or in which he has any right, title, or interest, to the
payment of such liability.
"(B) The liability imposed by paragraph (1) may be collected at a
proceeding in court if the proceeding is commenced within 6 years after
the date on which the liability was finally determined, or before the
expiration of any period for collection agreed upon in writing by the
operator and the United States before the expiration of such 6-year
period. The running of the period of limitation provided under this
subparagraph shall be suspended for any period during which the assets
of the operator are in the custody or control of any court of the United
States, or of any State, or the District of Columbia, and for 6 months
thereafter, and for any period during which the operator is outside the
United States if such period of absence is for a continuous period of at
least 6 months.".
(e) Effective Date.--This section // 30 USC 934 // shall take effect
on April 1, 1978.
SEC. 4. OPERATOR'S TRUST FOR THE PAYMENT OF BLACK LUNG BENEFITS.
(a) Establishment of Trust.--Section 501(c) of the Internal Revenue
Code of 1954 // 26 USC 501 // (relating to list of exempt organizations)
is amended by adding at the end thereof the following new paragraph:
"(21) A trust or trusts established in writing, created or
organized in the United States, and contributed to by any person
(except an insurance company) if--,
"(A) the purpose of such trust or trusts is exclusively--,
"(B) no part of the assets of the trust may be used for, or
diverted to, any purpose other than--,
// 26 USC 581 //
or an insured credit union
(within the meaning of section 101(6) of the Federal
Credit Union Act, 12 U.S.C. 1752(6)) located in the
United States, or
For purposes of this paragraph the term ' Black Lung Acts' means
part C or title IV of the Federal Coal Mine Health and Safety Act
of 1969,
// 30 USC 931 //
and any State law providing compensation for disability or death
due to pneumoconiosis.".
(b) Allowance of Deduction.--,
(1) In general.--Part VI of subchapter B of chapter 1 of such
Code (relating to itemized deductions for individuals and
corporations) is amended by adding at the end thereof the
following new section:
" SEC. 192. // 26 USC 192. // CONTRIBUTIONS TO BLACK LUNG BENEFIT
TRUST.
"(a) Allowance of Deduction.--There is allowed as a deduction for the
taxable year an amount equal to the sum of the amounts contributed by
the taxpayer during the taxable year to or under a trust or trusts
described in section 501(c)(21).
"(b) Limitation.--,
"(1) In general.--The amount of the deduction allowed by
subsection (a) for any taxable year with respect to any such trust
shall not exceed the amount determined under paragraph (2) or (3),
whichever is greater.
"(2) Current year obligations.--The amount determined under
this paragraph for the taxable year is the amount which, when
added to the fair market value of the assets of the trust as of
the beginning of the taxable year, is necessary to carry out the
purposes of the trust described in subparagraph (A) of section
501(c)(21) for the taxable year.
"(3) Certain future obligations.--The amount determined under
this paragraph for the taxable year is the sum of--,
"(c) Special Rules.--,
"(1) Determination of expected future payments.--The amounts
described in subsection (b) shall be determined by using
reasonable actuarial assumptions which are not inconsistent with
regulations prescribed by the Secretary.
"(2) Benefit payments taken into account.--In determining the
amounts described in subsection (b), only those black lung benefit
claims the payment of which is expected to be made from the trust
shall be taken into account.
"(3) Time when contributions deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment of a
contribution on the last day of a taxable year if the payment is
on account of that taxable year and is made not later than the
time prescribed by law for filing the return for that taxable year
(including extensions thereof).
"(4) Contributions to be in cash or certain other items.--, No
deduction shall be allowed under subsection (a) with respect to
any contribution to a trust described in section 501(c)(21) other
than a contribution in cash or in items in which such trust may
invest under clause (ii) of section 501(c)(21)(B).
"(d) Carryover of Excess Contributions.--If the amount of the
deduction determined under subsection (a) for the taxable year (without
regard to the limitation imposed by subsection (b)) with respect to a
trust exceeds the limitation imposed by subsection (b) for the taxable
year, the excess shall be carried over to the succeeding taxable year
and treated as contributed to the trust during that year.
"(e) Definition of Black Lung Benefit Claim.--For purposes of this
section, the term 'black lung benefit claim' means a claim for
compensation for disability or death due to pneumoconiosis under part C
of title IV of the Federal Coal Mine Health and Safety Act of 1969 // 30
USC 931 // or under and State law providing for such compensation.".
(2) Clerical Amendment.--The table of sections for such part is
amended by adding at the end thereof the following new item:
(c) Excise Taxes on Acts of Self-Dealing, Taxable Expenditures, and
Excess Contributions.--,
(1) In general.--Chapter 42 of such Code (relating to private
foundations) is amended by adding at the end thereof the following
new subchapter:
benefit trusts.
" SEC. 4951. // 26 USC 4951 // TAXES ON SELF- DEALING.
"(a) Initial Taxes.--,
"(1) On self-dealer.--There is hereby imposed a tax on each act
of self-dealing between a disqualified person and a trust
described in section 501(c)(21). The rate of tax shall be equal
to 10 percent of the amount involved with respect to the act of
self-dealing for each year (or part thereof) in the taxable
period. The tax imposed by this paragraph shall be paid by any
disqualified person (other than a trustee acting only as a trustee
of the trust) who participates in the act of self-dealing.
"(2) On trustee.--In any case in which a tax is imposed by
paragraph (1), there is hereby imposed on the participation of any
trustee of such a trust in an act of self-dealing between a
disqualified person and the trust, knowing that it is such an act,
a tax equal to 2 1/2 percent of the amount involved with respect
to the act of self-dealing for each year (or part thereof) in the
taxable period, unless such participation is not willful and is
due to reasonable cause. The tax imposed by this paragraph shall
be paid by any such trustee who participated in the act of
self-dealing.
"(b) Additional Taxes.--,
"(1) On self-dealer.--In any case in which an initial tax is
imposed by subsection (a)(1) on an act of self-dealing by a
disqualified person with a trust described in section 501(c)(21)
and in which the act is not corrected within the correction
period, there is hereby imposed a tax equal to 100 percent of the
amount involved. The tax imposed by this paragraph shall be paid
by any disqualified person (other than a trustee acting only as a
trustee of such a trust) who participated in the act of
self-dealing.
"(2) On trustee.--In any case in which an additional tax is
imposed by paragraph (1), if a trustee of such a trust refused to
agree to part or all of the correction, there is hereby imposed a
tax equal to 50 percent of the amount involved. The tax imposed
by this paragraph shall be paid by any such trustee who refused to
agree to part or all of the correction.
"(c) Joint and Several Liability.--If more than one person is liable
under any paragraph of subsection (a) or (b) with respect to any one act
of self-dealing, all such persons shall be jointly and severally liable
under such paragraph with respect to such act.
"(d) Self-Dealing.--,
"(1) In general.--For purposes of this section, the term
'self-dealing' means any direct or indirect--,
"(2) Special rules.--For purposes of paragraph (1)--,
"(e) Definitions.--For purposes of this section--,
"(1) Taxable period.--The term 'taxable period' means, with
respect to any act of self-dealing, the period beginning with the
date on which the act of self-dealing occurs and ending on the
earlier of--,
"(2) Amount involved.--The term 'amount involved' means, with
respect to any act of self-dealing, the greater of the amount of
money and the fair market value of the other property given or the
amount of money and the fair market value of the other property
received; except that in the case of services described in
subsection (d)(2)(C), the amount involved shall be only the excess
compensation. For purposes of the preceding sentence, the fair
market value--,
"(3) Correction.--The terms 'correction' and 'correct' mean,
with respect to any act of self-dealing, undoing the transaction
to the extent possible, but in any case placing the trust in a
financial position not worse than that in which it would be if the
disqualified person were dealing under the highest fiduciary
standards.
"(4) Correction period.--The term 'correction period' means,
with respect to any act of self-dealing, the period beginning with
the date on which the act of self-dealing occurs and ending 90
days after the date of mailing of a notice of deficiency under
section 6212
// 26 USC 6212 //
with respect to the tax imposed by subsection (b)(1), extended
by--,
// 26 USC 6213 //
and
"(5) Disqualified person.--The term 'disqualified person'
means, with respect to a trust described in section 501(c)(21), a
person who is--,
For purposes of subparagraphs (C)(i) and (F), there shall be taken
into account indirect stockholdings which would be taken into
account under section 267(c),
// 26 USC 267. //
except that, for purposes of this paragraph, section 267(c)(4)
shall be treated as providing that the members of the family of an
individual are only those individuals described in subparagraph
(E) of this paragraph. For purposes of subparagraphs (C)(ii) and
(iii), (G), and (H), the ownership of profits or beneficial
interests shall be determined in accordance with the rules for
constructive ownership of stock provided in section 267(c) (other
than paragraph (3) thereof), except that section 267(c)(4) shall
be treated as providing that the members of the family of an
individual are only those individuals described in subparagraph
(E) of this paragraph.
"(f) Payments of Benefits.--For purposes of this section, a payment,
out of assets or income of a trust described in section 501(c) (21), for
the purposes described in clause (i) of section 501(c)(21)(A) shall not
be considered an act of self-dealing.
SEC. 4952. // 26 USC 4952 // TAXES ON TAXABLE EXPENDITURES.
"(a) Tax Imposed.--,
"(1) On the fund.--There is hereby imposed on each taxable
expenditure (as defined in subsection (d)) from the assets or
income of a trust described in section 501(c)(21) a tax equal to
10 percent of the amount thereof. The tax imposed by this
paragraph shall be paid by the trustee out of the assets of the
trust.
"(2) On the trustee.--There is hereby imposed on the agreement
of any trustee of such a trust to the making of an expenditure,
knowing that it is a taxable expenditure, a tax equal to 2 1/2
percent of the amount thereof, unless such agreement is not
willful and is due to reasonable cause. The tax imposed by this
paragraph shall be paid by the trustee who agreed to the making of
the expenditure.
"(b) Additional Taxes.--,
"(1) On the fund.--In any case in which an initial tax is
imposed by subsection (a)(1) on a taxable expenditure and such
expenditure is not corrected within the correction period, there
is hereby imposed a tax equal to 100 percent of the amount of the
expenditure. The tax imposed by this paragraph shall be paid by
the trusteed out of the assets of the trust.
"(2) On the trustee.--In any case in which an additional tax is
imposed by paragraph (1), if a trustee refused to agree to a part
or all of the correction, there is hereby imposed a tax equal to
50 percent of the amount of the taxable expenditure. The tax
imposed by this paragraph shall be paid by any trustee who refused
to agree to part or all of the correction.
"(c) Joint and Several Liability.--For purposes of subsections (a)
and (b), if more than one person is liable under subsection (a)(2) or
(b)(2) with respect to the making of a taxable expenditure, all such
persons shall be jointly and severally liable under such paragraph with
respect to such expenditure.
"(d) Taxable Expenditure.--For purposes of this section, the term
'taxable expenditure' means any amount paid or incurred by a trust
described in section 501(c)(21) other than for a purposes specified in
such section.
"(e) Definitions.--,
"(1) Correction.--The terms 'correction' and 'correct' mean,
with respect to any taxable expenditure, recovering part or all of
the expenditure to the extent recovery is possible, and where full
recovery is not possible, contributions by the person or persons
whose liabilities for black lung benefit claims (as defined in
section 192(e)) are to be paid out of the trust to the extent
necessary to place the trust in a financial position not worse
than that in which it would be if the taxable expenditure had not
been made.
"(2) Correction period.--The term 'correction period' means,
with respect to any taxable expenditure, the period beginning with
the date on which the taxable expenditure occurs and ending 90
days after the date of mailing of a notice of deficiency under
section 6212
// 26 USC 6212 //
with respect to the tax imposed by subsection (b)(1), extended
by--,
// 26 USC 6213. //
and
SEC. 4953. // 26 USC 4953. // TAX ON EXCESS CONTRIBUTIONS TO BLACK
LUNG BENEFIT TRUSTS.
"(a) Tax Imposed.--There is hereby imposed for each taxable year a
tax in an amount equal to 5 percent of the amount of the excess
contributions made by a person to or under a trust or trusts described
in section 501(c)(21). The tax imposed by this subsection shall be paid
by the person making the excess contribution.
"(b) Excess Contribution.--For purposes of this section, the term
'excess contribution' means the sum of--,
"(1) the amount by which the amount contributed for the taxable
year to a trust or trusts described in section 501(c)(21) exceeds
the amount of the deduction allowable to such person for such
contributions for the taxable year under section 192, and
"(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--,
"(c) Treatment of Withdrawal of Excess Contributions.--, Amounts
distributed during the taxable year from a trust described in section
501(c)(21) to the contributor thereof the sum of which does not exceed
the amount of the excess contribution made by the contributor shall not
be treated as--,
BENEFIT TRUSTS
" Subchapter A. Private foundations.
" Subchapter B. Black lung benefit trusts.
(B) Subsections (a)(1) and (b) of section 4946 of such Code
// 26 USC 4946. //
are each amended by striking out " For purposes of this chapter"
and inserting in lieu thereof " For purposes of this subchapter".
(C) The table of chapters for subtitle D of such Code is
amended by striking out the item relating to chapter 42 and
inserting in lieu thereof the following:
" Chapter 42. Private foundation, black lung benefit trusts.".
(d) Technical Amendments.--,
(1)(A) Section 6213(e) of such Code
// 26 USC 6213. //
(relating to suspension of filing period for certain excise taxes)
is amended--,
(2) Section 6213(f) of such Code is amended by striking out "or
chapter 42 or 43" each place it appears and inserting in lieu
thereof "or chapter 41, 42, 43, or 44".
(3) Section 6405(a) of such Code
// 26 USC 6405. //
is amended by striking out "private foundations and pension plans
under chapters 42 and 43" and inserting in lieu thereof "public
charities, private foundations, operators' trust funds, pension
plans, or real estate investment trusts under chapter 41, 42, 43,
or 44".
(4) Section 6501(e)(3) of such Code
// 26 USC 6501. //
is amended by striking out "or 43" and inserting in lieu thereof
"43, or 44".
(5) Section 6501(n) of such Code is amended--,
of any
tax imposed by chapter 42 (other than section 4940)
// 26 USC 4940 //
or by
section 4975,
// 26 USC 4975 //
the return referred to in this section shall be the
return filed by the private foundation, plan, or trust
(as the
case may be) for the year in which the act (or failure
to act)
giving rise to liability for such tax occurred.".
"(6)(A) Section 6503(g) of such Code
// 26 USC 6503 //
is amended by striking "or section 507 or section 4971 or section
4975" and inserting in lieu thereof "or section 507, 4971, 4975,
4985, or 4986".
(B) Section 6503(g) of such Code is amended by striking out "or
4975(f)(4)" and inserting in lieu thereof "4975(f)(6), 4985
(e)(4), or 4986(e)(2)".
(7) Section 7454(b) of such Code
// 26 USC 7454. //
is amended by inserting "or whether the trustee of a trust
described in section 502(c)(21) has 'knowingly' participated in an
act of self-dealing (within the meaning of section 4951) or agreed
to the making of a taxable expenditure (within the meaning of
section 4952)," after "section 4945),".
(e) Publicity of Information.--Section 6104 of such Code // 26 Usc
6104. // (relating to publicity of information required from certain
exempt organizations and certain trusts) is amended--,
(1) by inserting "(other than in paragraph (21) thereof)" after
"section 501(c)" in subsection (a)(1)(A), and
(2) by adding at the end of subsection (b) thereof the
following sentence: " This subsection shall not apply to
information required to be furnished by a trust described in
section 501(c)(21).".
(f) Effective Date.--The amendments made by this section // 26 USC
192 // shall apply with respect to contributions, acts, and expenditures
made after December 31, 1977, in and for taxable years beginning after
such date.
SEC. 5. // 26 USC 4121 // GENERAL EFFECTIVE DATE RESERVATION.
Notwithstanding any other provision of this Act to the contrary, no
provision of this Act (including any amendment made by any such
provision) shall take effect or apply unless an Act, enacted after the
date of enactment of this Act, contains a provision, explicitly in
satisfaction of the requirements of this section, which states that it
is the intent of the Congress that the provisions of this Act shall take
effect.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 438 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 572 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 123 (1977): July 18, considered and passed House. Dec.
15, considered and passed Senate, amended.
Vol. 124 (1978): Jan. 24, House concurred in Senate
amendments.
PUBLIC LAW 95-226, 92 STAT. 10
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That clause (a) of the
first section of the Act of April 7, 1977, entitled " An Act to provide
temporary authorities to the Secretary of the Interior to facilitate
emergency actions to mitigate the impacts of the 1976 - 1977 drought"
(91 Stat. 36), as amended, // 43 USC 502 // is hereby further amended by
adding after " January 31, 1978;" the following: " Provided further,
That where the Secretary finds that such construction activities have
been diligently pursued but cannot be completed by January 31, 1978, due
to bad weather, delays in delivery of required supplies, or other
unanticipated and unavoidable circumstances, the Secretary is authorized
to allow continuation and completion of construction for a reasonable
time beyond January 31, 1978".
Sec. 2. Section 7 of such Act // 43 USC 502 // is amended by
striking out " March" and substituting in lieu thereof " May".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 854 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Jan. 30, considered and passed House.
Jan. 31, considered and passed Senate.
PUBLIC LAW 95-225, 92 STAT. 7, PROTECTION OF CHILDREN AGAINST SEXUAL
EXPLOITATION ACT OF 1977.
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 " Protection of Children Against Sexual Exploitation Act of
1977". // 18 USC 2251 //
Sec. 2. (a) Title 18, United States Code, is amended by inserting
immediately after chapter 109 the following:
" Sec.
"2251. Sexual exploitation of children.
"2252. Certain activities relating to material involving the sexual
exploitation of minors.
"2253. Definitions for chapter.
" Section 2251. // 18 USC 2251. // Sexual exploitation of children
"(a) Any person who employs, uses, persuades, induces, entices, or
coerces any minor to engage in, or who has a minor assist any other
person to engage in, any sexually explicit conduct for the purpose of
producing any visual or print medium depicting such conduct, shall be
punished as provided under subsection (c), if such person knows or has
reason to know that such visual or print medium will be transported in
interstate or foreign commerce or mailed, or if such visual or print
medium has actually been transported in interstate or foreign commerce
or mailed.
"(b) Any parent, legal guardian, or person having custody or control
of a minor who knowingly permits such minor to engage in, or to assist
any other person to engage in, sexually explicit conduct for the purpose
of producing any visual or print medium depicting such conduct shall be
punished as provided under subsection (c) of this section, if such
parent, legal guardian, or person knows or has reason to know that such
visual or print medium will be transported in interstate or foreign
commerce or mailed or if such visual or print medium has actually been
transported in interstate or foreign commerce or mailed.
"(c) Any person who violates this section shall be fined not more
than $10,000, or imprisoned not more than 10 years, or both, but, if
such person has a prior conviction under this section, such person shall
be fined not more than $15,000, or imprisoned not less than two years
nor more than 15 years, or both.
" Section 2252. // 18 USC 2252. // Certain activities relating to
material involving the sexual exploitation of minors
"(a) Any person who--,
"(1) knowingly transports or ships in interstate or foreign
commerce or mails, for the purpose of sale or distribution for
sale, any obscene visual or print medium, if--,
"(A) the producing of such visual or print medium involves the
use of a minor engaging in sexually explicit conduct; and
"(B) such visual or print medium depicts such conduct; or
"(2) knowingly receives for the purpose of sale or distribution
for safe, or knowingly sells or ditributes for sale, any obscene
visual or print medium that has been transported or shipped in
interstate or foreign commerce or mailed, if--,
"(A) the producing of such visual or print medium involves the
use of a minor engaging in sexually explicit conduct; and
"(B) such visual or print medium depicts such conduct;
shall be punished as provided in subsection (b) of this section.
"(b) Any person who violates this section shall be fined not more
than $10,000, or imprisoned not more than 10 years, or both, but if such
person has a prior conviction under this section, such person shall be
fined not more than $15,000, or imprisoned not less than two years nor
more than 15 years, or both.
" Section 2253. Definitions for chapter
" For the purposes of this chapter, the term--,
"(1) 'minor' means any person under the age of sixteen years;
"(2) 'sexually explicit conduct' means actual or simulated--,
"(3) 'producing' means producing, directing, manufacturing,
issuing, publishing, or advertising, for pecuniary profit; and
"(4) 'visual or print medium' means any film, photograph,
negative, slide, book, magazine, or other visual or print
medium.".
(b) The table of chapters for title 18, United States Code, and for
part I of title 18, United States Code, are each amended by inserting
immediately after the item relating to chapter 109 the following:
"110. Sexual exploitation of children 2251".
Sec. 3. (a) Section 2423 of title 18, United States Code, is amended
to read as follows:
" Section 2423. Transportation of minors
"(a) Any person who transports, finances in whole or part the
transportation of, or otherwise causes or facilitates the movement of,
any minor in interstate or foreign commerce, or within the District of
Columbia or any territory or other possession of the United States, with
the intent--,
"(1) that such minor engage in prostitution; or
"(2) that such minor engage in prohibited sexual conduct, if
such person so transporting, financing, causing, or facilitating
movement knows or has reason to know that such prohibited sexual
conduct will be commercially exploited by any person;
shall be fined not more than $10,000 or imprisoned not more than ten
years, or both.
"(b) As used in this section--,
"(1) the term 'minor' means a person under the age of eighteen
years;
"(2) the term 'prohibited sexual conduct' means--,
"(3) the term 'commercial exploitation' means having as a
direct or indirect goal monetary or other material gain.".
(b) The table of sections for chapter 117 of title 18, United States
Code, is amended by striking out the item relating to section 2423 and
inserting in lieu thereof the following:
"2423. Transportation of minors.".
Sec. 4. If any provision of this Act or the application thereof to
any person or circumstances is held invalid, the ramainder of the Act
and the application of the provision to other persons not similarly
situated or to other circumstances shall not be affected thereby.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 696 accompanying H.R. 8059 (Comm. on the
Judiciary) and No. 95 - 811 (Comm. of Conference).
SENATE REPORTS: No. 95 - 438 (Comm. on the Judiciary) and No. 95 -
601 (Comm. of Conference).
CONGRESSIONAL Record:
Vol. 123 (1977): Oct. 10, considered and passed Senate. Oct.
25, considered and passed House, amended, in lieu of H.R. 8059.
Nov. 4, Senate agreed to conference report.
Vol. 124 (1978): Jan. 24, House agreed to conference report.
PUBLIC LAW 95-224, 92 STAT. 3, FEDERAL GRANT AND COOPERATIVE
AGREEMENT ACT OF 1977
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act be cited
as the " Federal Grant and Cooperative Agreement Act of 1977". // 41 USC
501 //
Sec. 2. (a) The Congress finds that--,
(1) there is a need to distinguish Federal assistance
relationships from Federal procurement relationships and thereby
to standardize usage and clarify the meaning of the legal
instruments which reflect such relationships;
(2) uncertainty as to the meaning of such terms as "contract",
"grant", and "cooperative agreement" and the relationships they
reflect causes operational inconsistencies, confusion,
inefficiency, and waste for recipients of awards as well as for
executive agencies; and
(3) the Commission on Government Procurement has documented
these findings and concluded that a reduction of the existing
inconsistencies, confusion, inefficiency, and waste is feasible
and necessary through legislative action.
(b) The purposes of this Act are--,
(1) to characterize the relationship between the Federal
Government and contractors, State and local governments, and other
recipients in the acquisition of property and services and in the
furnishing of assistance by the Federal Government so as to
promote a better understanding of Federal spending and help
eliminate unnecessary administrative requirements on recipients of
Federal awards;
(2) to establish Government-wide criteria for selection of
appropriate legal instruments to achieve uniformity in the use by
the executive agencies of such instruments, a clear definition of
the relationships they reflect, and a better understanding of the
responsibilities of the parties;
(3) to promote increased discipline in the selection and use of
types of contract, grant agreement, and cooperative agreements and
to maximize competition in the award of contracts and encourage
competition, where deemed appropriate, in the award of grants and
cooperative agreements; and
(4) to require a study of the relationship between the Federal
Government and grantees and other recipients in Federal assistance
programs and the feasibility of developing a comprehensive system
of guideline for the use of grant and cooperative agreements, and
other forms of Federal assistance in carrying out such programs.
Sec. 3. As used in this Act, // 41 USC 502. // the term--,
(1) " State government" means any of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and territory or possession of the United States, any
agency or instrumentality of a State, and any multi-State,
regional, or interstate entity which has governmental functions;
(2) "local government" means any unit of government within a
State, a county, municipality, city, town, township, local public
authority, special district, intrastate district, council of
governments, sponsor group representative organization, other
interstate government entity, or any other instrumentality of a
local government;
(3) "other recipient" means any person or recipient other than
a State or local government who is authorized to receive Federal
assistance or procurement contracts and includes any charitable or
educational institution;
(4) "executive agency" means any executive department as
defined in section 101 of title 5, United States Code, a military
department as defined in section 102 of title 5, United States
Code, an independent establishment as defined in section 104 of
title 5, United States Code (except that it shall not include the
General Accounting Office), a wholly owned Government corporation;
and
(5) "grant or cooperative agreement" does not include any
agreement under which only direct Federal cash assistance to
individuals, a subsidy, a loan, a loan guarantee, or insurance is
provided.
Sec. 4. // 41 USC 503. // Each executive agency shall use a type of
procurement contract as the legal instrument reflecting a relationship
between the Federal Government and a State or local government or other
recipient--,
(1) whenever the principal purpose of the instrument is the
acquisition, by purchase, lease, or barter, of property or
services for the direct benefit or use of the Federal Government;
or
(2) whenever an executive agency determines in a specific
instance that the use of a type of procurement contract is
appropriate.
Sec. 5. // 41 USC 504. // Each executive agency shall use a type of
grant agreement as the legal instrument reflecting a relationship
between the Federal Government and a State or local government or other
recipient whenever--,
(1) the principal purpose of the relationship is the transfer
of money, property, services, or anything of value to the State or
local government or other recipient on order to accomplish a
public purpose of support or stimulation authorized by Federal
statute, rather than acquisition, by purchase, lease, or barter,
of property or services for the direct benefit or use of the
Federal Government; and
(2) no substantial involvement is anticipated between the
executive agency, acting for the Federal Government, and the State
or local government or other recipient during performance of the
contemplated activity.
Sec. 6. // 41 USC 505. // Each executive agency shall use a type of
cooperative agreement as the legal instrument reflecting a relationship
between the Federal Government and a State or local government or other
recipient whenever--,
(1) the principal purpose of the relationship is the transfer
of money, property, services, or anything of value to the State or
local government or other recipient to accomplish a public purpose
of support or stimulation authorized by Federal statute, rather
than acquisition, by purchase, lease, or barter, of property or
services for the direct benefit or use of the Federal Government;
and
(2) substantial involvement is anticipated between the
executive agency, acting for the Federal Government, and the State
or local government or other recipient during performance of the
contemplated activity.
Sec. 7. (a) Notwithstanding any other provision of law, each
executive agency authorized by law to enter into contracts, grant or
cooperative agreements, or similar arrangements is authorized and
directed to enter into and use types of contracts, grant agreements, or
cooperative agreements as required by this Act. // 41 USC 506. //
(b) The authority to make contracts, grants, and cooperative
agreements for the conduct of basic or applied scientific research at
nonprofit institutions of higher education, or at nonprofit
organizations whose primary purpose is the conduct of scientific
research shall include discretionary authority, when it is deemed by the
head of the executive agency to be in furtherance of the objectives of
the agency, to vest in such institutions or organizations, without
further obligation to the Government, or on such other terms and
conditions as deemed appropriate, title to equipment or other tangible
personal property purchased with such funds.
Sec. 8. // 41 USC 507. // The Director of the Office of Management
and Budget, in cooperation with the executive agencies, shall undertake
a study to develop a better understanding of alternative means of
implementing Federal assistance programs, and to determine the
feasibility of developing a comprehensive system of guidance for Federal
assistance programs. Such study shall include a thorough consideration
of the findings and recommendations of the Commission on Government
Procurement relating to the feasibility of developing such a system. The
Director shall consult with and to the extent practicable, involve
representatives of the executive agencies, the Congress, the General
Accounting Office, and State and local governments, other recipients and
other interested members of the public. The result of the study shall
be reported to the Committee on Government Operations of the House of
Representatives and the Committee on Governmental Affairs of the Senate
at the earliest practicable date, but in no event later than two years
after the date of enactment of this Act. The report on the study shall
include (1) detailed descriptions of the alternative means of
implementing Federal assistance programs and of the circumstances in
which the use of each appears to be most desirable, (2) detailed
descriptions of the basic characteristics and an outline of such
comprehensive system of guidance for Federal assistance programs, the
development of which may be determined feasible, and (3) recommendations
concerning arrangements to proceed with the full development of such
comprehensive system of guidance and for such administrative or
statutory changes, including changes in the provisions of sections 3
through 7 of this Act, as may be deemed appropriate on the basis of the
findings of the study.
Sec. 9. // 41 USC 508. // The Director of the Office of Management
and Budget is authorized to issue supplementary interpretative
guidelines to promote consistent and efficient use of contract, grants
agreement, and cooperative agreements as defined in this Act.
Sec. 10. (a) THE Act entitled " An Act to authorize the expenditure
of funds through grants for support of scientific research, and for
other purposes", approved September 6, 1958 (72 Stat, 1793; 42 U.S.C.
1891 and 1892), is repealed, effective one year after the date of
enactment of this Act.
(b) NOTHING in this Act // 41 USC 501 // shall be construed to rendor
void or voidable any existing contract, grant, cooperative agreement, or
other contract, grant, or cooperative agreement entered into up to one
year after the date of enactment of this Act.
(c) Nothing in this Act // 41 USC 509 // shall require the
establishment of a single relationship between the Federal Government
and a State or local government or other recipient on a jointly funded
project, involving funds from more than one program or appropriation
where different relationships would otherwise be appropriate for
different components of the project.
(d) The Director of the Office of Management and Budget may except
individual transactions or programs of any executive agency from the
application of the provisions of this Act. // 41 USC 501 // This
authority shall expire one year after receipt by the Congress of the
study provided for in section 8 of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 481 (Comm. on Government Operations).
SENATE REPORT No. 95 - 449 accompanying S. 431 (Comm. on Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 27, considered and passed House. Oct.
1, considered and passed Senate, amended, in lieu of S. 431.
Vol. 124 (1978): Jan. 19, House agreed to Senate amendment.
PUBLIC LAW 95-0, 92 STAT. 0, EQUAL RIGHTS AMENDMENT
rights amendment.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That notwithstanding any
provision of House Joint Resolution 208 of the Ninety-second Congress,
second session, to the contrary, the article of amendment // 86 Stat.
1523. // proposed to the States in such joint resolution shall be valid
to all intents and purposes as part of the Constitution when ratified by
the legislatures of three-fourths of the several States not later than
June 30, 1982.
Jimmy Carter,
October 20, 1978.
I certify that this Joint Resolution originated in the House of
Representatives.
(Received by the Office of the Federal Register, National Archives
and Records Service, General Services Administration, October 20, 1978.)
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1405 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Aug. 15, considered and passed House.
Sept. 28, Oct. 3, 4, 6, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 42:
Oct. 20, Presidential statement.
PUBLIC LAW 95-223, 91 STAT. 1625, INTERNATION EMERGENCY ECONOMIC
POWERS ACT.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. (a) Section 5(b)(1) of the Trading With the Enemy Act //
50 USC app. 5. // is amended by striking out "or during any other
period of national emergency declared by the President" in the text
preceding subparagraph (A).
(b) Notwithstanding the amendment made by subsection (a), // 50 USC
app. 5 // the authorities conferred upon the President by section 5(b)
of the Trading With the Enemy Act, which were being exercised with
respect to a country on July 1, 1977, as a result of a national
emergency declared by the President before such date, may continue to be
exercised with respect to such country, except that, unless extended,
the exercise of such authorities shall terminate (subject to the savings
provisions of the second sentence of section 101(a) of the National
Emergencies Act) // 50 USC 1601. // at the end of the two-year period
beginning on the date of enactment of the National Emergencies Act. //
50 USC 1601 // The President may extend the exercise of such authorities
for one-year periods upon a determination for each such extension that
the exercise of such authorities with respect to such country for
another year is in the national interest of the United States.
(c) The termination and extension provisions of subsection (b) of
this section supersede the provisions of section 101(a) and of title II
of the National Emergencies Act // 50 USC 1621. // to the extent that
the provisions of subsection (b) of this section are inconsistent with
those provisions.
(d) Paragraph (1) of section 502(a) of the National Emergencies Act
// 50 USC 1651. // is repealed.
Sec. 102. Section 5(b)(1) of the Trading With the Enemy Act is
amended--
(1) in the text preceding subparagraph (A), by striking out "or
otherwise," the first time it appears; and
(2) by striking out "; and the President may, in the manner
hereinabove provided, take other and further measures not
inconsistent herewith for the enforcement of this subdivision".
Sec. 103. (a) Section 16 of the Trading With the Enemy Act // 50 USC
app. 16. // is amended by striking out "$10,000" and inserting in lieu
thereof "$50,000".
(b) Section 5(b)(3) of such Act // 50 USC app. 5. // is amended by
striking out the second sentence.
Sec. 201. This title may be cited as the " International Emergency
Economic Powers Act". // USC 1701 note. //
Sec. 202. // 50 USC 1701 // (a) Any authority granted to the
President by section 203 may be exercised to deal with any unusual and
extraordinary threat, which has its source in whole or substantial part
outside the United States, to the national security, foreign policy, or
economy of the United States, if the President declares a national
emergency with respect to such threat.
(b) The authorities granted to the President by section 203 may only
be exercised to deal with an unusual and extraordinary threat with
respect to which a national emergency has been declared for purposes of
this title and may not be exercised for any other purpose. Any exercise
of such authorities to deal with any new threat shall be based on a new
declaration of national emergency which must be with respect to such
threat.
Sec. 203. // 50 USC 1702. // (a)(1) At the times and to the extent
specified in section 202, the President may, under such regulations as
he may prescribe, by means of instructions, licenses, or otherwise--,
(A) investigate, regulate, or prohibit--
(B) investigate, regulate, direct and compel, nullify, void,
prevent or prohibit, any acquisition, holding, withholding, use,
transfer, withdrawal, transportation, importation or exportation
of, or dealing in, or exercising any right, power, or privilege
with respect to, or transactions involving, any property in which
any foreign country or a national thereof has any interest;
by any person, or with respect to any property, subject to the
jurisdiction of the United States.
(2) In exercising the authorities granted by paragraph (1), the
President may require any person to keep a full record of, and to
furnish under oath, in the form of reports or otherwise, complete
information relative to any act or transaction referred to in paragraph
(1) either before, during, or after the completion thereof, or relative
to any interest in foreign property, or relative to any property in
which any foreign country or any national thereof has or has had any
interest, or as may be otherwise necessary to enforce the provisions of
such paragraph. In any case in which a report by a person could be
required under this paragraph, the President may require the production
of any books of account, records, contracts, letters, memoranda, or
other papers, in the custody or control of such person.
(3) Compliance with any regulation, instruction, or direction issued
under this title shall to the extent thereof be a full acquittance and
discharge for all purposes of the obligation of the person making the
same. No person shall be held liable in any court for or with respect
to anything done or omitted in good faith in connection with the
administration of, or pursuant to and in reliance on, this title, or any
regulation, instruction, or direction issued under this title.
(b) The authority granted to the President by this section does not
include the authority to regulate or prohibit, directly or indirectly--
(1) any postal, telegraphic, telephonic, or other personal
communication, which does not involve a transfer of anything of
value; or
(2) donations, by persons subject to the jurisdiction of the
United States, of articles, such as food, clothing, and medicine,
intended to be used to relieve human suffering, except to the
extent that the President determines that such donations (A) would
seriously impair his ability to deal with any national emergency
declared under section 202 of this title, (B) are in response to
coercion aginst the proposed recipient or donor, or (C) would
endanger Armed Forces of the United States which are engaged in
hostilities or are in a situation where imminent involvement in
hostilities is clearly indicated by the circumstances.
Sec. 204. // 50 USC 1703. // (a) The President, in every possible
instance, shall consult with the Congress before exercising any of the
authorities granted by this title and shall consult regularly with the
Congress so long as such authorities are exercised.
(b) Whenever the President exercises any of the authorities granted
by this title, he shall immediately transmit to the Congress a report
specifying--
(1) the circumstances which necessitate such exercise of
authority;
(2) why the President believes those circumstances constitute
an unusual and extraordinary threat, which has its source in whole
or substantial part outside the United States, to the national
security, foreign policy, or economy of the United States;
(3) the authorities to be exercised and the actions to be taken
in the exercise of those authorities to deal with those
circumstances;
(4) why the President believes such actions are necessary to
deal with those circumstances; and
(5) any foreign countries with respect to which such actions
are to be taken and why such actions are to be taken with respect
to those countries.
(c) At least once during each succeeding six-month period after
transmitting a report pursuant to subsection (b) with respect to an
exercise of authorities under this title, the President shall report to
the Congress with respect to the actions taken, since the last such
report, in the exercise of such authorities, and with respect to any
changes which have occurred concerning any information previously
furnished pursuant to paragraphs (1) through (5) of subsection (b).
(d) The requirements of this section are supplemental to those
contained in title IV of the National Emergencies Act. // 50 USC 1641.
//
Sec. 205. // 50 USC 1704. // The President may issue such
regulations, including regulations prescribing definitions, as may be
necessary for the exercise of the authorities granted by this title.
Sec. 206. // 50 USC 1705. // (a) A civil penalty of not to exceed
$10,000 may be imposed on any person who violates any license, order, or
regulation issued under this title.
(b) Whoever willfully violates any license, order, or regulation
issued under this title shall, upon conviction, be fined not more than
$50,000, or, if a natural person, may be imprisoned for not more than
ten years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be punished
by a like fine, imprisonment, or both.
Sec. 207. (a)(1) Except as provided in subsection (b), // 50 USC
1706. // nothwithstanding the termination pursuant to the National
Emergencies Act // 50 USC 1601 // of a national emergency declared for
purposes of this title, any authorities granted by this title, which are
exercised on the date of such termination on the basis of such national
emergency to prohibit transactions involving property in which a foreign
country or national thereof has any interest, may continue to be so
exercised to prohibit transactions involving that property if the
President determines that the continuation of such prohibition with
respect to that property is necessary on account of claims involving
such country or its nationals.
(2) Notwithstanding the termination of the authorities described in
section 101(b) of this Act, any such authorities, which are exercised
with respect to a country on the date of such termination to prohibit
transactions involving any property in which such country or any
national thereof has any interest, may continue to be exercised to
prohibit transactions involving that property if the President
determines that the continuation of such prohibition with respect to
that property is necessary on account of claims involving such country
or its nationals.
(b) The authorities described in subsection (a)(1) may not continue
to be exercised under this section if the national emergency is
terminated by the Congress by concurrent resolution pursuant to section
202 of the National Emergencies Act // 50 USC 1622. // and if the
Congress specifies in such concurrent resolution that such authorities
may not continue to be exercised under this section.
(c)(1) The provisions of this section are supplemental to the savings
provisions of paragraphs (1), (2), and (3) of section 101(a) and of
paragraphs (A), (B), and (C) of section 202(a) of the National
Emergencies Act. // 50 USC 1601. //
(2) The provisions of this section supersede the termination
provisions of section 101(a) and of title II of the National Emergencies
Act // 50 USC 1601, 1621. // to the extent that the provisions of this
section are inconsistent with these provisions.
(d) If the President uses the authority of this section to continue
prohibitions on transactions involving foreign property interests, he
shall report to the Congress every six months on the use of such
authority.
Sec. 208. If any provision of this Act // 50 USC 1701 // is held
invalid, the remainder of the Act shall not be affected thereby.
Sec. 301. (a) The first sentence of section 4(b)(1) of the Export
Administration Act of 1969 // 50 USC app. 2403. // is amended to read
as follows: " To effectuate the policies set forth in section 3 of this
Act, // 50 USC app. 2402. // the President may prohibit or curtail the
exportation, except under such rules and regulations as he shall
prescribe, of any articles, materials, or supplies, including technical
data or any other information, subject to the jurisdiction of the United
States or exported by any person subject to the jurisdiction of the
United States.".
(b)(1) Section 4(b)(2)(B) of such Act is amended--,
(A) in the first sentence, by striking out "from the United
States, its territories and possessions,"; and
(B) in the second sentence--,
(2) Section 6(c)(2)(A) of such Act // 50 USC app. 2405. // is
amended by striking out "from the United States, its territories or
possessions,".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 459 (Comm. on International Relations).
SENATE REPORT No. 95 - 466 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
July 12, considered and passed House.
Oct. 11, considered and passed Senate, amended.
Nov. 30, House concurred in certain Senate amendments, in
others with
amendments.
Sec. 7, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 53:
Dec. 28, Presidential statement.
PUBLIC LAW 95-222, 91 STAT. 1619, LEGAL SERVICES CORPORATION ACT
AMENDMENTS OF 1977
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 1. This Act may be cited as the " Legal Services Corporation
Act Amendments of 1977". // 42 USC 2701 //
Sec. 2. Section 1001 of the Legal Services Corporation Act (42 U.S.
C. 2996) is amended by inserting before the semicolon at the end of
paragraph (3) "and assist in improving opportunities for lowincome
persons consistent with the purposes of this Act".
Sec. 3. Section 1004(a) of the Legal Services Corporation Act (42
U.S.C. 2996c(a)) is amended by inserting at the end thereof the
following new sentence: " Effective with respect to appointments made
after the date of enactment of the Legal Services Corporation Act
Amendments of 1977 but not later than July 31, 1978, the membership of
the Board shall be appointed so as to include eligible clients, and to
be generally representative of the organized bar, attorneys providing
legal assistance to eligible clients, and the general public.".
Sec. 4. Section 1004(g) of the Legal Services Corporation Act (42
U.S.C. 2996c(g)) is amended by striking out all that follows "open" and
inserting in lieu thereof "and shall be subject to the requirements and
provisions of section 552b of title 5, United States Code (relating to
open meetings).".
Sec. 5. (a) Paragraph (3) of section 1006(a) of the Legal Services
Corporation Act (42 U.S.C. 2996e(a)(3)) is amended by striking out "and
not" and inserting in lieu thereof a comma and "or".
(b) Section 1006(a)(3)(A) of the Legal Services Corporation Act (42
U.S.C. 2996e(a)(3)(A)) is amended by inserting at the end thereof the
following: "except that broad general legal or policy research
unrelated to representation of eligible clients may not be undertaken by
grant or contract,".
(c) Section 1010 of the Legal Services Corporation Act (42 U.S.C.
2996i) is amended by adding at the end thereof the following new
subsection:
"(d) Not more than 10 percent of the amounts appropriated pursuant to
subsection (a) of this section for any fiscal year shall be available
for grants or contracts under section 1006(a)(3) in any such year.".
Sec. 6. (a) Section 1006(b)(1) of the Legal Services Corporation Act
(42 U.S.C. 2996e(b)(1)) is amended by inserting "(A)" after " Sec.
1006. (b)(1)" and by adding at the end thereof the following new
subparagraph:
"(B) No question of whether representation is authorized under
this title, or the rules, regulations or guidelines promulgated
pursuant to this title, shall be considered in, or affect the
final disposition of, any proceeding in which a person is
represented by a recipient or any employee of a recipient. A
litigant in such a proceeding may refer any such question to the
Corporation which shall review and dispose of the question
promptly, and take appropriate action. This subparagraph shall
not preclude judicial review available under applicable law.".
(b) Section 1006(c)(1) of the Legal Services Corporation Act (42 U.
S.C. 2996e(c)(1)) is amended to read as follows:
"(1) participate in litigation unless the Corporation or a
recipient of the Corporation is a party, or a recipient is
representing an eligible client in litigation in which the
interpretation of this title or a regulation promulgated under
this title is an issue, and shall not participate on behalf of any
client other than itself; or".
(c) Section 1006(d) of the Legal Services Corporation Act (42 U.S.C.
2996e(d)) is amended by adding at the end thereof the following new
paragraph:
"(6) Attorneys employed by a recipient shall be appointed to provide
legal assistance without reasonable compensation only when such
appointment is made pursuant to a statute, rule, or practice applied
generally to attorneys practicing in the court where the appointment is
made.".
Sec. 7. (a) Paragraph (2) of section 1006(e) of the Legal Services
Corporation Act (42 U.S.C. 2996e(e)(2)) is amended by inserting "and
staff attorneys" after " Corporation", and by inserting before the
period at the end thereof a comma and the following: "except that no
staff attorney may be a candidate in a partisan political election".
(b) Section 1007(a)(6) of the Legal Services Corporation Act (42 U.
S.C. 2996f(a)(6)) is amended by striking out the matter following clause
(C).
Sec. 8. The first sentence of section 1006(f) of the Legal Services
Corporation Act (42 U.S.C. 2996e(f)) is amended by striking out "may"
and inserting in lieu thereof "shall".
Sec. 9. (a) Paragraph (2)(B)(iv) of section 1007(a) of the Legal
Services Corporation Act (42 U.S.C. 2996f(a)(2)(B)(iv)) is amended to
read as follows:
"(iv) such other factors as relate to financial inability to
afford legal assistance, which may include evidence of a prior
determination that such individual's lack of income results from
refusal or unwillingness, without good cause, to seek or accept an
employment situation; and".
(b)(1) Paragraph (2)(C) of section 1007(a) of the Legal Services
Corporation Act (42 U.S.C. 2996f(a)(2)(C)) is amended to read as
follows:
"(C) insure that (i) recipients, consistent with goals
established by the Corporation, adopt procedures for determining
and implementing priorities for the provision of such assistance,
taking into account the relative needs of eligible clients for
such assistance (including such outreach, training, and support
services as may be necessary), including particularly the needs
for service on the part of significant segments of the population
of eligible clients with special difficulties of access to legal
services or special legal problems (including elderly and
handicapped individuals); and (ii) appropriate training and
support services are provided in order to provide such assistance
to such significant segments of the population of eligible
clients;".
(2) Section 1008(c) of the Legal Services Corporation Act (42 U.S.C.
2996g(c)) is amended by adding at the end thereof the following new
sentence: " Such report shall include a description of services
provided pursuant to section 1007(a)(2)(C)(i) and (ii).".
(c) Paragraph (5) of section 1007(a) of the Legal Services
Corporation Act (42 U.S.C. 2996f(a)(5)) is amended to read as follows:
"(5) insure that no funds made available to recipients by the
Corporation shall be used at any time, directly or indirectly, to
influence the issuance, amendment, or revocation of any executive
order or similar promulgation by any Federal, State, or local
agency, or to undertake to influence the passage or defeat of any
legislation by the Congress of the United States, or by any State
or local legislative bodies, or State proposals by initiative
petition, except where--
Sec. 10. Section 1007(b) of the Legal Services Corporation Act (42
U.S.C. 2996f(b)) is amended to read as follows:
"(b) No funds made available by the Corporation under this title,
either by grant or contract, may be used--
"(1) to provide legal assistance (except in accordance with
guidelines promulgated by the Corporation) with respect to any
fee-generating case (which guidelines shall not preclude the
provision of legal assistance in cases in which a client seeks
only statutory benefits and appropriate private representation is
not available);
"(2) to provide legal assistance with respect to any criminal
proceeding, except to provide assistance to a person charged with
a misdemeanor or lesser offense or its equivalent in an Indian
tribal court;
"(3) to provide legal assistance in civil actions to persons
who have been convicted of a criminal charge where the civil
action arises out of alleged acts or failures to act and the
action is brought against an officer of the court or against a law
enforcement official for the purpose of challenging the validity
of the criminal conviction;
"(4) for any of the political activities prohibited in
paragraph (6) of subsection (a) of this section;
"(5) to make grants to or enter into contracts with any private
law firm which expends 50 percent or more of its resources and
time litigating issues in the broad interests of a majority of the
public;
"(6) to support or conduct training programs for the purpose of
advocating particular public policies or encouraging political
activities, labor or antilabor activities, boycotts, picketing,
strikes, and demonstrations, as distinguished from the
dissemination of information about such policies or activities,
except that this provision shall not be construed to prohibit the
training of attorneys or paralegal personnel necessary to prepare
them to provide adequate legal assistance to eligible clients;
"(7) to initiate the formation, or act as an organizer, of any
association, federation, or similar entity, except that this
paragraph shall not be construed to prohibit the provision of
legal assistance to eligible clients;
"(8) to provide legal assistance with respect to any proceeding
or litigation which seeks to procure a nontherapeutic abortion or
to compel any individual or institution to perform an abortion, or
assist in the performance of an abortion, or provide facilities
for the performance of an abortion, contrary to the religious
beliefs or moral convictions of such individual or institution;
"(9) to provide legal assistance with respect to any proceeding
or litigation relating to the desegregation of any elementary or
secondary school or school system, except that nothing in this
paragraph shall prohibit the provision of legal advice to an
eligible client with respect to such client's legal rights and
responsibilities; or
"(10) to provide legal assistance with respect to any
proceeding or litigation arising out of a violation of the
Military Selective Service Act
// 50 USC app. 451. //
or of desertion from the Armed Forces of the United States, except
that legal assistance may be provided to an eligible client in a
civil action in which such client alleges that he was improperly
classified prior to July 1, 1973, under the Military Selective
Service Act or prior corresponding law.".
Sec. 11. Section 1007(c) of the Legal Services Corporation Act (42
U.S.C. 2996f(c)) is amended by striking out "and which includes at least
one individual eligible to receive legal assistance under this title."
and inserting in lieu thereof "and at least one-third of which consists
of persons who are, when selected, eligible clients who may also be
representatives of associations or organizations of eligible clients.".
Sec. 12. Section 1007(f) of the Legal Services Corporation Act (42
U.S.C. 2996f(f)) is amended by striking all that follows " Governor" and
inserting in lieu thereof a comma and: "the State bar association of
any State, and the principal local bar associations (if there be any) of
any community, where legal assistance will thereby be initiated, of such
grant, contract, or project. Notification shall include a reasonable
description of the grant application or proposed contract or project and
request comments and recommendations.".
Sec. 13. Section 1007 of the Legal Services Corporation Act (42 U.
S.C. 2996f) is amended by adding at the end thereof the following new
subsection:
"(h) The Corporation shall conduct a study on whether eligible
clients who are--,
"(1) veterans,
"(2) native Americans,
"(3) migrants or seasonal farm workers,
"(4) persons with limited English-speaking abilities, and
"(5) persons in sparsely populated areas where a harsh climate
and an inadequate transporation system are significant impediments
to receipt of legal services
have special difficulties of access to legal services or special legal
problems which are not being met. The Corporation shall report to
Congress not later than January 1, 1979, on the extent and nature of any
such problems and difficulties and shall include in the report and
implement appropriate recommendations.".
Sec. 14. Paragraph (2) of section 1009(b) of the Legal Services
Corporation Act (42 U.S.C. 2996h(b)(2)) is amended by striking out the
period at the end of the last sentence and inserting in lieu thereof
"throughout the period beginning on the date such possession or custody
commences and ending three years after such date, but the General
Accounting Office may require the retention of such books, accounts,
financial records, reports, files, papers, or property for a longer
period under section 117(b) of the Accounting and Auditing Act of 1950
(31 U.S.C. 67(b)).".
Sec. 15. (a) Section 1010(a) of the Legal Services Corporation Act
(42 U.S.C. 2996i(a)) is amended by inserting after the first sentence
the following new sentence: " There are authorized to be appropriated
for the purpose of carrying out the activities of the Corporation
$205,000,000 for the fiscal year 1978, and such sums as may be necessary
for each of the two succeding fiscal years.".
(b) The last sentence of section 1010(a) of the Legal Services
Corporation Act (42 U.S.C. 2996i(a)) is amended to read as follows: "
Appropriations for that purpose shall be made for not more than two
fiscal years, and shall be paid to the Corporation in annual
installments at the beginning of each fiscal year in such amounts as may
be specified in Act of Congress making appropriations.".
Sec. 16. Section 1011(2) of the Legal Services Corporation Act (42
U.S.C. 2996j(2)) is amended by inserting before the period at the end
thereof a comma and "and, when requested, such hearing shall be
conducted by an independent hearing examiner. Such hearing shall be
held prior to any final decision by the Corporation to terminate
financial assistance or supend or deny funding. Hearing examiners shall
be appointed by the Corporation in accordance with procedures
established in regulations promulgated by the Corporation.".
Sec. 17. (a)(1) The amendment made by section 11 of this Act // 42
USC 2996f // shall be effective six months after the first day of the
first calendar month following the date of enactment of this Act.
(2) The amendment made by section 15 of this Act // 42 USC 2996i //
shall be effective with respect to fiscal years beginning after
September 30, 1977.
(b) The amendments made by provisions of this Act // 42 USC 2996. //
other than sections 11 and 15 shall be effective on the date of
enactment of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORTS No. 95 - 310 (Comm. on the Judiciary) and 95 - 825
(Comm. of
Conference).
SENATE REPORT No. 95 - 172 accompanying S. 1303 (Comm. on Human
Resources).
CONGRESSIONAL RECORDS, Vol. 123 (1977):
June 9, 27, considered and passed House.
Oct. 12, considered and passed Senate, amende, in lieu of S
1303.
Dec. 7, House agreed to conference report.
Sec. 15, Senate agreed to conference report.
PUBLIC LAW 95-221, 91 STAT. 1618
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the second regular session
of the Ninety-fifth Congress shall begin at 12 o'clock meridian on
Thursday, January 19, 1978.
Sec. 2. That (a) notwithstanding the provisions of section 201 of
the Act of June 10, 1922, as amended (31 U.S.C. section 11), the
President shall transmit to the Congress not later than January 23,
1978, the budget for the fiscal year 1979, and (b) notwithstanding the
provisions of section 3 of the Act of February 20, 1946, as amended (15
U.S.C section 1022), the President shall transmit to the Congress not
later than January 23, 1978, the Economic Report.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 123 (1977):
Dec. 15, considered and passed House and Senate.
PUBLIC LAW 95-220, 91 STAT. 1615, FEDERAL PROGRAM INFORMATION ACT
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 " Federal Program Information Act". // 31 USC 1701 //
Sec. 2. For the purpose of this Act, // 31 USC 1701. // the term--
(1) "assistance" refers to the transfer of money, property,
services, or anything of value; the principal purpose of which is
to accomplish a public purpose of support or stimulation
authorized by Federal statute. Assistance includes, but is not
limited to, grants, loans, loan guarantees, scholarships, mortgage
loans, insurance or other types of financial assistance;
provision or donation of Federal facilities, goods, services,
property, technical assistance, and counseling, statistical and
other expert information, and service activities of regulatory
agencies; but does not include provision of conventional public
information services;
(2) " Federal agency" means an agency as defined by section
551(1) of title 5, United States Code;
(3) " Federal domestic assistance program" means any function
of a Federal agency which provides assistance or benefits for a
State or States, territorial possession, county, city, other
political subdivision, grouping, or instrumentality thereof; any
domestic profit or nonprofit corporation, institution, or
individual, other than an agency of the Federal Government; and
(4) "administering office" means the lowest subdivision of any
Federal agency that has direct operational responsibility for
managing a Federal domestic assistance program.
Sec. 3. // 31 USC 1702. // The Director of the Office of Management
and Budget (hereinafter referred to as the " Director") shall identify
all existing Federal domestic assistance programs and provide
information on each such program to the general public through
electronic media as authorized under section 5 of this Act and through a
printed catalog as authorized under section 6 of this Act.
Sec. 4. (a) The Director shall prepare and maintain a Federal
Assistance Information Date Base (hereinafter referred to in this Act //
31 USC 1703. // as the "data base"). For each Federal domestic
assistance program the data base shall--
(1) identify each such program by title, by authorizing
statute, by administering office, and by an identifying number
assigned by the Director;
(2) describe the program, the objectives of the program, and
the types of activities which have been funded under the program;
(3) describe the eligibility requirements, the formulas
governing the distribution of funds, the types of assistance, the
uses and restrictions on the use of assistance, and the
obligations and duties of recipients under the program;
(4) provide financial information, including the amount to
funds appropriated for the current fiscal year or, if unavailable,
the amount of funds requested by the President, and the amounts
obligated, and the average amounts of awards made in past years;
(5) identify information contacts including the administering
office and regional and local offices and their addresses and
telephone numbers;
(6) provide a general description of any application
requirements and procedures and, to the extent practical, an
estimate of the time required to process the application.
(b)(1) Each Federal agency shall furnish to the Director, at such
times as the Director may determine, current information on all domestic
assistance programs administered by such Federal agency.
(2) The Director shall on a regular basis incorporate into the data
base all relevant information received under paragraph (1) of this
subsection.
Sec. 5. // 31 USC 1704. // (a) The Director shall establish and
maintain a computerized information system to provide access to the data
base.
(b) The Director, to the greatest extent practicable, shall provide
for the widespread availability of information contained in the data
base, by computer terminals wherever available.
(c) The Director, notwithstanding any other provision of law to the
contrary, when he determines the efficiency of the information system
established pursuant to subsection (a) of this section requires it, may
enter into contracts with private organizations to obtain computer
time-sharing services including, but not limited to, computer
telecommunications networks, computer software, and associated services.
(d) The Director shall insure that the information available under
this Act is made available to the public at a reasonable price.
(e) the Director may develop information services to further assist
State and local government officials identify or obtain sources of
Federal assistance.
Sec. 6. // 31 USC 1705. // The Director shall prepare and publish
each year a catalog of Federal Domestic Assistance Programs (hereinafter
referred to in this Act as the "catalog").
(b) The Director shall prepare and publish supplements to the catalog
as necessary.
(c) The Director may prepare and publish specialized compilations of
the information in the catalog by function as necessary.
(d) The catalog shall contain, in such form as the Director
determines--
(1) all substantive information on Federal domestic assistance
programs that is in the data base at the time that the catalog is
prepared;
(2) any other information which the Director considers may be
helpful to potential applicants or beneficiaries under such
programs; and
(3) a detailed index.
(e)(1) The Director shall make each catalog available to the public
at a reasonable price.
(2) There are authorized to be distributed, without cost, catalogs to
Members of Congress, Delegates, Resident Commissioners, agencies, State
and general purpose units of local government, federally recognized
Indian tribes, Federal deposit libraries, and other local repositories
designated by the Director.
sec. 7. // 31 USC 1706. // The Director is authorized to transfer to
the Office of Management and Budget all personnel, books, records, and
other documents of the Department of Agriculture of any kind or
description which he determines to be principally held or engaged in the
operation and function of the Federal Assistance Programs Retrieval
System (FAPRS).
Sec. 8. // 31 USC 1707. // There are hereby authorized to be
appropriated $900,000 for fiscal year 1978, $1,000,000 for fiscal year
1979, and $1,000,000 for fiscal year 1980.
Sec. 9. // 31 USC 1708. // The Director of the Office of Management
and Budget shall conduct a study of existing Federal information systems
that provide fiscal, budgetary, and program-related data, statistics,
and information on grant awards and shall report to the Congress, within
one year from the date of enactment of this Act, his recommendations for
appropriate dissemination of Federal finanical information, a summary of
all executive branch actions taken within the year to consolidate,
reorganize, and improve the existing financial information system, and
his recommendations for statutory changes necessary to further develop
and improve methods for the dissemination of Federal financial
information, using modern communications technology.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 341 accompanying H.R. 6257 (Comm. on Government
Operations).
SENATE REPORT No. 95 - 135 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 17, considered and passed Senate.
Sept. 27, considered and passed House, amended, in lieu of H.
R. 6257.
Dec. 15, Senate concurred in House Amendment.
PUBLIC LAW 95-219, 91 STAT. 1613
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2 of the
Fishery Consrevation Zone Transition Act (Public Law 95 - 6) // 16 USC
1801 // is amended--
(1) by striking out "and" at the end of paragraph (9);
(2) by inserting "and" immediately after the semicolon at the
end of paragraph (10);
(3) by inserting immediately after paragraph (10) the following
new paragraph:
"(11) the Government of Mexico Concerning Fisheries Off the
Coasts of the United States, as contained in the message to
Congress from the President of the United States dated October 7,
1977;"; and
(4) by striking out "(10)" in the last sentence of such section
and inserting in lieu thereof "(11)".
Sec. 2. The amendments made by the first section of this Act // 16
USC 1823 shall take effect February 27, 1977.
Sec. 3. (a)(1) Section 2 of Reorganization Plan Numbered 4 of 1970
(relating to the National Oceanic and Atmospheric Administration, 84
Stat. 2090) is amended to read as follows:
"(e)(1) There shall be in the Administration a General Counsel and
five Assistant Administrators, one of whom shall be the Assistant
Administrator for Coastal Zone Management and one of whom shall be the
Assistant Administrator for Fisheries. The General Counsel and each
Assistant Administrator shall be appointed by the Secretary, subject to
approval of the President, and shall be compensated at a rate now or
hereafter provided for level V of the Executive Schedule Pay Rates (5
U.S.C. 5316).
"(2) The General Counsel shall serve as the chief legal officer for
all legal matters which any arise in connection with the conduct of the
functions of the Administration.
"(3) The Assistant Administrator for Coastal Zone Management shall be
an individual who is, by reason of background and experience, especially
qualified to direct the implementation and administration of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et seq. ).
"(4) The Assistant Administrator for Fisheries shall be responsible
for all matters related to living marine resources which may arise in
connection with the conduct of the functions of the Administration.".
(2) Subsection (a) of section 15 of the Coastal Zone Management Act
Amendments of 1976 (15 U.S.C. 1511a) is repealed.
(b) Section 5316 of title 5, United States Code, is amended by
striking our paragraph (140) and inserting in lieu thereof the following
new paragraphs:
"(140) Assistant Administrator for Coastal Zone Management,
National Oceanic and Atmospheric Administration.
"(141) Assistant Administrator for Fisheries, National Oceanic
and Atmosperic Administration.
"(142) Assistant Administrators (3), National Oceanic and
Atmospheric Administration.
"(143) General Counsel, National Oceanic and Atmospheric
Administration."
(c) Section 5108(a) of title 5, United States Code, is amended by
striking out "3293" and inserting in lieu thereof "3301".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 783 (Comm, on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Nov. 1, considered and passed House.
Nov. 3, considered and passed Senate, amended; House disagreed
to Senate
Amendment.
Nov. 29, House concurred in Senate, amendment with an
amendment.
Dec. 15, Senate to House amendment.
PUBLIC LAW 95-218, 91 STAT. 1612
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 490 of the
District of Columbia Self-Government and Governmental Reorganization
Act, // D.C. Code 47 - 254. // relating to revenue bonds and other
obligations, is amended by adding at the end thereof the following new
subsection:
"(f) The fourth sentence of section 446 shall not apply to (1) the
transfer to a private college or university of funds derived from the
sale of any revenue bond, note, or other obligation issued pursuant to
an act under this section solely to finance, or assist in the financing
of, facilities for such college or university, or (2) the payment (as to
either principal or interest or both) of any such bond, note, or other
obligation.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 749 accompanying H.R. 9544 (Comm. on the
District of
Columbia).
SENATE REPORT No. 95 - 227 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 26, considered and passed Senate.
Nov. 2, considered and passed House, amended, in lieu of H.R.
9544.
Dec. 15, Senate agreed to House amendments.
PUBLIC LAW 95-217, 91 STAT. 1566, CLEAN WATER ACT OF 1977.
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 " Clean Water Act of 1977". // 33 USC 1251 //
Sec. 2. Section 518 of the Federal Water Pollution Control Act // 33
USC 1251 // is amended to read as follows:
Sec. 518. This Act may be cited as the Federal Water Pollution
Control Act' (commonly referred to as the Clean Water Act).".
Sec.3. Funds appropriated before the date of enactment of this Act
for expenditure during the fiscal year ending June 30, 1976, the
transition quarter ending September 30, 1976. and the fiscal year ending
September 30, 1977, under authority of the Federal Water Pollution
Control Act, are hereby authorized for those puposes for which
appropriated.
Sec. 4. (a) Section 104(u)(2) of the Federal Water Pollution Control
Act // 33 USC 1254. // is amended by striking out "1975" and inserting
in lieu thereof "1975, $2,000,000 for fiscal year 1977, $3,000,000 for
fiscal year 1978, $3,000,000 for fiscal year 1979, and $3,000,000 for
fiscal year 1980,".
(b) Section 104(u)(3) of the Federal Water Pollution Control Act is
amended by striking out "1975 and inserting in lieu thereof "1975.
$1,000,000 for fiscal year 1977, $1,500,00 for fiscal year 1978.
$1,500,000 for fiscal year 1979, and $1,500,000 for fiscal year 1980.".
(c) Section 106 (a)(2) of the Federal Water Pollution Control Act //
33 USC 1256. // is amended by striking out "and the fiscal year ending
June 30, 1975;" and inserting in lieu theirof "and the fiscal year
ending June 30,1975 $100,000,000 per fiscal year for the fiscal years
1977, 1978, 1979, and 1980;".
(d) Section 112(c) of the Federal Water Pollution Controll Act // 33
USC 1262. // is amended by inserting "$6,000,000 for the fiscal year
ending September 30, 1977, $7,000,000 for the fiscal year ending
September 30, 1978, $7,000,000 for the fiscal year ending September 30,
1979, and $7,000,000 for the fiscal year ending September 30, 1980,"
immediately after " June 30, 1975,".
(e) Section 208(f)(3) of the Federal Water Pollution Control Act //
33 USC 1288 // is amended by striking out "and not to exceed
$150,000,000 for the fiscal year ending June 30, 1975." and inserting in
lieu thereof "and not to exceed $150,000,000 per fiscal year for the
fiscal years ending June 30,1975, September 30, 1977, September 30,1978,
September 30, 1979, and September 30, 1980.".
(f) Section 314(c)(2) of the Federal Water Pollution Control Act //
33 USC 1324 // is amended by striking out "and $150,000,000 for the
fiscal year 1975" and inserting in lieu thereof $150,000,000,for the
fiscal year 1975, $50,000,000 for fiscal year 1977, $60,000,000 for
fiscal year 1978, $60,000,000 for fiscal year 1979, and $60,000,000 for
fiscal year 1980"
(g) Section 517 of the Federal Water Pollution Control Act // 33 USC
1376. // is amended by striking out " and $350,000,000 for the fisacl
year ending June 30, 1975." and inserting in lieu thereof "$350,000,000
for the fiscal year ending June 30, 1975, $1000,000,000 for the fiscal
year ending September 30, 1977, $150,000,000 for the fiscal year ending
September 30, 1978, $150,000,000 for the fiscal year ending September
30, 1979, and $150,000,000 for the fiscal year ending September 30,
1980.".
Sec.5.(a) Section 101 of the Federal Water Pollution Control Act //
33 USC 1251. // is amended by adding at the end thereof the following
new subsection:
"(g) It is the policy of Congress that the authority of each State to
allocate quantities of water within its jurisdiction shall not be
superseded, abrogated or otherwise impaired by this Act. It is the
further policy of Congress that nothing in this Act shall be construed
to supersede or abrogate rights to quantities of water which have been
established by any State. Federal agencies shall co-operate with State
and local agencies to develop comprehensive solutions to prevent, reduce
and eliminate pollution in concert with programs for managing water
resources.".
(b) Section 102 of the Federal Water Pollution Control Act // 33 USC
1252. // is amended by adding at the end thereof the following new
subsection:
"(d) The Administrator, after consultation with the States, and River
Basin Commissions established under the Water Resources Planning Act, //
42 USC 1962 // shall submit a report to Congress on or before July 1,
1978, which alalyzes the relationship between programs under this Act,
and the programs by which State and Federal agencies allocate quantities
of water. Such reprot shall include recommendations concerning the
policy in section 101(g) of the Act to improve coordination of efforts
to reduce and eliminate pollution in concert with programs for managing
water resources.".
Sec. 6. Section 104(n)(3) of the Federal Water Pollution Control Act
// 33 USC 1254 // is amended by striking out "any three year period" and
inserting in lieu thereof "any six-year period".
Sec.7. Section 104(q) of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following:
"(3) The Administrator shall establish, either within the
Environmental Protection Agency, or through contract with an appropriate
public or private non-profit organization, a national clearinghouse
which shall (A) receive reports and information resulting from research,
demonstrations, and other projects funded under this Act related to
paragraph (1) of this subsection (e)(2)of section 105; (B) coordinate
and disseminate such reports and information for use by Federal and
State agencies, municipalities, institutions, and persons in developing
new and improved methods pursuant to this subsection; and (C) provide
for the collection and dissemination of reports and information relevant
to this subsection from other Federal and State agencies, institutions,
universities, and persons.".
Sec.8. Section 105 of the Federal Water Pollution Control Act // 33
USC 1255. // is amended by adding at the end thereof the following new
subsection:
"(i) The Administrator is authorized to make grants to a municipality
to assist in the costs of operationg and maintaining a project which
received a grant under this section, section 104, or section 113 of this
Act // 33 USC 1254, 1263. // prior to the date of enactment of this
subsection so as to reduce the operation and maintenance costs borne by
the recipients of services from such project to costs comparable to
those for projects assisted under title 11 of this Act.". // 33 USC 1281
//
Sec.9. Section 105 of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new subsection:
"(j) The Administrator is authorized to make a grant to any grantee
who received an increased grant pursuant to section 202(a)(2) of this
Act. // 33 USC 1282 // Such grant may pay up to 100 per centum of the
costs of technical evaluation of the operation of the treatment works,
costs of training of persons (other than employees of the grantee), and
costs of disseminating technical information on the operation of the
treatment works.".
Sec.10.(a) Section 109(b)(3) of the Federal Water Pollution Control
Act // 33 USC 1259. // is amended by striking "$250,000" and inserting
in lieu thereof "$500,000".
(b) Section 109(b) of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new paragraph:
"(4) The Administrator may exempt a grant under this section // 33
USC 1284 // from any requirement under section 204(a)(3) of this Act.
Any grantee who received a grant under this section prior to enactment
of the Clean Water Act of 1977 shall be eligible to have its grant
increased by funds made available under such Act.".
(c) Section 109(b)(1) of the Federal Water Pollution Control Act is
amended by inserting before the period the following: "and for the
costs of other State treatment works operator training programs,
including mobile training units, classroom rental, specialized
instructors, and instructional material".
(d) Section 109(b)(1) of the Federal Water Pollution Control Act is
amended by striking out "construction of a treatment works" and
inserting in lieu thereof: "construction of treatment works".
(e) Section 109(b)(2) of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new sentence: " In
any case where a grant is made to serve two or more State, the
Administrator is authorized to make an additional grant for a
supplemental facility in each such State.".
Sect.11.(a) Section 113 of the Federal Water Pollution Control Act //
33 USC 1263. // is amended by adding new subsections (e), (f), and (g)
as follows:
"(e) The Administrator is authorized to coordinate with the Secretary
of the Department of Health, Education and Welfare, the Secretary of the
department of Housing and Urban Development, the Secretary of the
Department of the Interior, the Secretary of the Department of
Agriculture, and the heads of any other departments or agencies he may
deem appropriate to conduct a joint study with representatives of the
State of Alaska and the appropriate Native organizations (as defined in
Public Law 9i - 203) // 43 USC 1601 // to develop a comprehensive
program for achieving adequate sanitation services in Alaska villages.
This study shall be coordinated with the programs and projects
authorized by sections 104(q) and 105(e)(2) of this Act. // 33 USC 1254,
1255. // The Administrator shall submit a report of the results of the
study, together with appropriate supporting data and such
recommendations as he deems desirable, to the Committee on Environment
and Public Works of the Senate and to the Committee on Public Works and
Transportation of the House of Representatives not later than December
31, 1979. The Administrator shall also submit recommended administrative
actions, procedured, and any proposed legislation necessary to implement
the recommendations of the study no later than June 30, 1980.
"(f) The Administrator is authorized to provide technical, financial
and management assistance for operation and maintenance of the
demonstration projects constructed under this section, until such time
as the recommendations of subsection (e) are implemented.
"(g) For the purpose of this section, the term 'village' shall mean
an incorporated or unincorporated community with a population of ten to
six hundred people living within a two-mile radius. The term 'sanitation
services' shall mean water supply, sewage disposal, solid waste disposal
and other services necessary to maintain generally accepted standards of
personal hygiene and public health.".
(b) Subsection (d) of section 113 of the Federal Water Pollution
Control Act // 33 USC 1263. // is amended by adding at the end thereof
the following: " In addition, there is authorized to be appropriated to
carry out this section not to exceed $200,000 for the fiscal year ending
September 30 1978, and $220,000 for the fiscal year ending September 30,
1979."
Sec.12. Section 201(g) of the Federal Water Pollution Control Act //
33 USC 1281. // is amended by adding at the end thereof the following
new paragraph:
"(5) The Administrator shall not make grants from funds authorized
for any fiscal year beginning after September 30, 1978, to any State,
municipality, or intermunicipal or interstate agency for the erection,
building, acquistion, alteration, remodeling, improvement, or extension
of treatment works unless the grant applicant has satisfactorily
demonstrated to the Administrator that innovative and alternative
wastewater treatment processes and techniques which provide for the
reclaiming and reuse of water, otherwise eliminate the discharge of
pollutants, and utilize recycling techniques, land treatment, new or
improved methods of waste treatment management for municipal and
industrial wast (discharged into municipal systems) and the confined
disposal of pollutants, so that pollutants will not migrate to cause
water or other environmental pollution, have been fully studied and
evaluated by the applicant taking into account taking into account
section 201 (d) of this Act and taking into account and allowing to the
extent practicable the more efficient use of energy and resources.".
Sec.13. Section 201(g) of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new paragraph:
"(6) The Administrator shall not make grants from funds authorized
for any fiscal year beginning after September 30, 1978, to any State,
municipality, or internumicipal or interstate agency for the erection,
building, acquistion, alteration, remodeling, improvement, or extension
of treatment works unless the grant applicant has satisfactorily
demonstrated to the Administrator that the applicant has analyzed the
potential recreation and open space opportunities in the planning of the
proposed treatement works.".
Sec.14. Section 201 of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new subsection:
"(h) A grant may be made under this section to construct a privately
owned treatment works serving one or more principal residences or small
commercial establishments constructed prior to, and inhabited on, the
date of enactment of this subsection where the Administrator finds
that--
"(1) a public body otherwise eligible for a grant under
subsection (g) of this section has applied on behalf of a number
of such units and certified that public ownership of such works is
not feasible;
"(2) such public body has entered into an agreement with the
Administrator which guarantees that such treatment works will be
properly operated and maintained and will comply with all other
requirements of section 204 of this Act
// 33 USC 1284. //
and includes a system of charges to assure that each recipient of
waste treatment services under such a grant will pay its
proportionate share of the cost of operation and maintenance
(including replacement); and
"(3) the total cost and enviromental impact of providing waste
treatment services to such residences or commercial establishments
will be less than the cost of providing a system of collection and
central treatment of such wastes.
In the case of any treatment works assisted under this subsection
serving commercial users, any such agreement under paragraph (2) shall
make provision for the payment to the United States by the commercial
users of the treatment works of that portion of the cost of construction
of such works which is applicable to the treatment of commercial wastes
to the extent attributable to the Federal share of the cost of
construction.".
Sec. 15. Section 201 of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new subsection:
"(i) The Administrator shall encourage waste treatment management
methods, processes, and techniques which will reduce total energy
requirement.".
Sec.16. Section 201 of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new subsection:
"(j) The Administrator is authorized to make a grant for any
treatment works utilizing processes and techniques meeting the
guidelines promulgated under section 304(d)(3) of this Act, // 33 USC
1314. // if the Administrator determines it is in the public interest
and if in the cost effectiveness study made of the construction grant
application for the purpose of evaluating alternative works, the life
cycle cost of the treatment works for which the grant is to be made does
not exceed the life cycle cost of the most cost effective alternative by
more than 15 per centum.".
Sec.17. Subsection (a) of section 202 of the Federal Water Pollution
Control Act // 33 USC 1282 // is amended by inserting "(1)" immediately
after "(a) and by inserting at the end thereof the following new
paragraphs:
"(2) The amount of any grant made after September 30, 1978, and
before October 1, 1981, for any eligible treament works or significant
portion thereof utilizing innovative or alternative wastewater treatment
processes and techniques referred to in section 201(g)(5) shall be 85
per centum of the cost of constrution thereof. No grant shall be made
under this paragaraph for construction of a treatment works in any State
unless the proportion of the State contribution to the non-Federal share
of construction costs for all treatment works in such State receiving a
grant under this paragraph is the same as or greater than the proportion
of the State contribution (if any) to the non-Federal share of
construction costs for all treatment works receiving grants in such
State under paragraph (1) of this subsection.
"(3) In addition to any grant made prusuant to paragraph (2) of this
subsection, the Administrator is authorized to make a grant to fund all
of the costs of the mofification or replacement of any facilities
constructed with a grant made pursuant to paragraph (2) if the
Administrator finds that such facilities have not met design performance
specifications unless such failure is attributable to negligence on the
part of any person and if such failure has significantly increased
capital or operating and maintenance expenditures.
"(4) For the purposes of this section, the term 'eligible treatment
works' means those treatment works in each State which meet the
requirements of section 201(g)(5) of this Act and which can be fully
funded from funds available for such purpose in such State in the fiscal
years ending September 30, 1979, September 30, 1980, and September 30,
1981. Such term does not include collector sewers, interceptors, storm
of santiary sewers or the separation thereof, or major sewer
rehabilitation.".
Sec.18. Section 203(a) of the Federal Water Pollution Control Act //
33 USC 1283. // is amended by adding at the end thereof the following
new sentences: " In the case of a treatment works that has an estimated
total cost of $2,000,000 or less (as determined by the Administrator),
and the population of the applicant municipality is twenty-five thousand
or less (according to the most recent United States census), upon
completion of an approved facility plan, a single grant may be awarded
for the combined Federal share of the cost of preparing construction
plans and specifications, and the building and erection of the treatment
works, If any State is found by the administrator to have unusually high
costs of construction, the Administrator may authorize a single grant
under the preceding sentgence where the estimated total cost of the
treatment works does not exceed $3,000,000.".
Sec.19. Section 203 of the Federal Water Pollution Control Act // 33
USC 1283. // is amended by adding at the end thereof the following new
subsection:
"(e) At the request of a grantee under this title, the Administrator
is authorized to provide technical and legal assistance in the
administration and enforcement of any contract in connection with
treatment works assisted under this title, and to intervene in any civil
action involving the enforcement of such a contract.".
Sec.20. Section 204(a)(3) of the Federal Water Pollution Control Act
// 33 USC 1284. // is amended by inserting immediatley after the word "
Act" the following: ", except that any priority list developed pursuant
to section 303 (e)(3)(H) // 33 USC 1313. // may be modified by such
State in accordance with regulations promulgated by the Administrator to
give higher priority for grants for the Federal share of the cost of
preparing construction drawings and specifications for any treatment
works utilizing processes and techniques meeting the guidelines
promulgated under section 304(d)(3) of this Act and for grants for the
combined Federal share of the cost of preparing construction drawings
and specifications and the building and erection of any treatment works
meeting the requirements of the next to the last sentence of section
203(a) of this Act which utilizes processes and techniques meeting the
guidelines promulgated under section 304(d)(3) of this Act.".
Sec.21. Section 204(a)(5) of the Federal Water Pollution Control Act
is amended by striking out the semicolon at the end thereof and
inserting in lieu thereof a comma and the following: "after taking into
account, in accordance with regulations promulgated by the
Administrator, efforts to reduce total flow of sewage and unnecessary
water comsumption. The amount of reserve capacity eligible for a grant
under this title shall be determined by the Adiministrator taking into
account the projected population and associated commercial and
industrial establishments within the jurisdiction of the applicant to be
served by such treatment works as identified in an approved facilities
plan, an areawide plan under section 208, // 33 USC 1288. // or an
applicable municipal master plan of development. For the purpose of
this paragraph, section 208, and any such plan, projected population
shall be determined on the basis of the latest information available
frokm the United States Department of Commerce or from the States as the
Administrator, by regulation, determines appropriate.".
Sect.22. (a) Paragraph (1) of subsection (b) of section 204 of the
Federal Water Pollution Control Act is amended--
(1) by striking out in clause (A) "proportionate share" and
inserting in lieu thereof "proportionate share (except as
otherwise provided in this paragraph)"; and
(2) by adding at the end of paragraph (1) the following: " In
any case where an applicant which, as of the date of enactment of
this sentence, uses a system fo dedicated ad valorem taxes and the
Administrator determines that the applicant has a system of
charges which results in the distribution of operation and
maintenance costs for treatment works within the applicants's
jurisdiction, to each user class, in proportion to the
contribution to the total cost of operation and maintenance of
such works by each user class (taking into account total waste
water loading of such works, the constituent elements of the
wastes, and other appropriate factors), and such applicant is
otherwise in compliance with clause (A) of this paragraph with
respect to each industrial user, then such dedicated ad valorem
tax system shall be deemed to be the user charge system meeting
the requirements of clause (A) of this paragraph for the
residential user class and such small non-residential user classes
as defined by the Administrator. In defining small non-residental
users, the Administrator shall consider the volume of wastes
discharged into the treatment works by such users and the
constituent elements of such wastes as well as such other factors
as he deems appropriate.".
(b) Subsection (b) of section 204 of the Federal Water Pollution
Control Act // 33 USC 1284. // is amended by adding at the end thereof
the following new paragraph:
"(5) A system of charges which meets the requirement of clause (A) of
paragraph (1) of this subsection may be based on something other than
metering the sewage or water supply flow of residential recipients of
waste treatment services, including ad valorem taxes. If the system of
charges is based on something other than metering the Administrator
shall requuire (A) the applicant to establish a system by which the
necessary funds will be available for the proper operation and
maintenance of the treatment works; and (B) the applicant to establish
a procedure under which the residential user will be notified as to that
portion of his total payment which will be allocated to the cost of the
waste treatment services.".
Sec.23. Section 204(b)(3) of the Federal Water Pollution Control Act
is amended by adding at the end thereof the following: "notwithstanding
paragraph (1)(b) of this subsection, subject to the approval of the
Administrator, a grantee that received a grant prior to the enactment of
the Clean Water Act of 1977 may reduce the amounts required to be paid
to such grantee by any industrial user of waste treatment services under
such paragraph, if such grantee requires such industrial user to adopt
other means of reducing the demand for waste treatment services through
reductiton in the total flow of sewage or unnecessary water consumption,
in proportion to such reduction as determined in accordance with
regulations promulgated by the Administrator.".
Sec.24.(a) Section 204(b)(3)(B) of the Federal Water Pollution Control
Act is amended by inserting after "necessary for" the following: "the
administrative costs associated with the requirement of paragraph (1)
(B) of this subsection and".
(b) Section 204(b) of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new paragraph:
"(6) The Administrator is authorized to exempt from the requirement
of paragraph (1)(B) of this subsection any industrial user with a flow
into such treatment works per day equivalent to twenty-five thousand
gallons or less per day of sanitary waste, if such industrial user does
introduce into such treatment works any pollutant which interferes or is
incompatible with, or contaminates or reduces the utility of the sludge
of such works.".
(c) Section 204(b)(1)(B) of the Federal Water Pollution Control Act
// 33 USC 1284. // is amended by inserting before the semicolon the
following: "(which such portion, in the descretion of the applicant,
may be recovered from industrial users of the total waste treatment
system as distinguished from the treatment works for which the grant is
made)".
Sec.25. (a) The first sentence of subsection (a) of section 205 of
the Federal Water Pollution Control Act // 33 USC 1285. // is amended
by striking out "june 30, 1972," and inserting in lieu thereof "june 30,
1972, and before September 30, 1977,".
(b) Such section 205 is further amended by adding at the end thereof
the following new subsections:
"(c) Sums authorized to be appropriated pursenat to section 207 // 33
USC 1287. // for the fiscal years during the period beginning October
1, 1977, and ending September 308 1981, shall be allotted for each such
year by the Administrator not later than the tenth day which gegins
after the date of enactment of the Clean Water Act of 1977.
Notwithstanding any other provision of law, sums authorized for the
fiscal years ending September 308 1978, September 30, 1979, September308
1980, and September 30, 1981, shall be allotted in accordance with table
3 of Committee Print Numbered 95 - 30 of the Comittee on Public Works
and Transportation of the House of Representatives.
"(d) Sums allotted to the States for a fiscal year shall remain
available for obligation for the fiscal year for which authorized and
for the period of the next succeeding twelve months. The amount of any
allotment not obligated by the end of such twenty-four-month period
shall be immediately reallotted by the Administrator on the basis of the
smae ratio as applicable to sums allotted for the then current fiscal
year, except that none of the funds reallotted by the Administrator for
fiscal year 1978 and for fiscal years thereafter shall be allotted to
any State which failed to obligate any of the funds being realotted. Any
sum made available to a State by reallotment under this subsection shall
be in addition to any addition to any funds otherwise allotted to such
State for grants under this title during any fiscal year.
"(e) For the fiscal years 1978, 1979, 1980, and 1981, no State shall
receive less than one-half of 1 per centum of the total allotment under
subsection (c) of this section, except that in the case of Guam, Virgin
Islands, American Samoa, and the Trust Territories not more than
thirty-three one-hundredths of 1 per centum in the aggregate shall be
allotted to all four of these jurisdictions. For the purpose of
carrying out this subsection there are authorized to be appropriated,
subject to such amounts as are provided in appropriation Acts, not to
exceed $75,000,000 for each of fiscal years 1978, 1979, 1980, and 1981.
If for any fiscal year the amount appropriated under authority of this
subsection is less than the amount necessary to carry out this
subsection, the amount each State receives under this subsection for
such year shall bear the same ratio to the amount such State would have
received under this subsection in such year if the amount necessary to
carry it out had been appropriated as the amount appropriated for such
year bears to the amount necessary to carry out this subsection for such
year.
"(f) Notwithstanding any other provision of this section, sums made
available between January 1,1975, and March 1,1975, by the Administrator
for obligation shall be available for obligation until September 30,
1978.".
Sec.26. (a) Section 205 of the Federal Water Pollution Control Act //
33 USC 1285. // is amended by adding after new subsection (f) the
following new subsection:
"(g)(1) The Administrator is authorized to reserve each fiscal year
not to exceed 2 per centum of the allotment made to each State under
this section on or after October 1, 1977, or $400,000 whichever amount
is the greater. Sums so reserved shall be available for making grants
to such State under paragraph (2) of this subsection for the same period
as sums are available from such allotment under subsection (d) of this
section, and any such grant shall be available for obligation only
during such period. Any grant made from sums reserved under this
subsection which has not been obligated by the end of the period for
which available shall be added to the amount last allotted to such State
under this section and shall be immediately available for obligation in
the smae manner and to the smae extent as such last allotment. "(2) The
Administrator is authorized to grant to any State from amounts reserved
to such State under this subsection, the reasonable costs of
administering any aspects of sections 201, 203, 204, and 212 of this Act
// 33 USC 1281, 1283, 1284, 1292. // the responsibility for
administration of which the Administrator has delegated to such State.
The Administrator may increase such grant to take into account the
reasonable costs of administering an approved program under section 402
or 404, // 33 USC 1342, 1344. // administering a statewide waste
treatment management planning program under section 208(b)(4), and
managing waste treatment construction grants for small communities.".
(b) Section 101(b) of Federal Water Pollution Control Act // 33 USC
1251. // is amended by inserting immediately after the first sentence
the following new sentence: " It is the policy of Congress that the
States manage the construction grant program under this Act and
implement the permit programs under sections 402 and 404 of this Act.".
Sec.27 Section 205 of Federal Water Pollution Control Act is amended by
adding after new subsection (g) a new subsection as follows:
"(h) The Administrator shall set aside from funds authorized for each
fiscal year beginning on or after October 1, 1978, four per centum of
the sums allotted to any State with a rural population of 25 per centum
or more of the total population /of such State, as determined by the
Bureau of the census. The Administrator may set aside no more than four
per centum of the sums allotted to any other State for which the
Governor request such action. Such sums shall be available only for
alternatives to conventional sewage treatment works for municipalities
having a population of three thousand five hundred or less or for the
highly dispersed sections of larger municipalities, as difined by the
Adminstrator.".
Sec.28. Section 205 of the Federal Water Pollution Control Act is
further amended by adding at the end thereof the following new
sebsection:
"(i) Not less than one-half of one per centum of funds allotted to a
State for each of the fiscal years ending Spetember 30, 1979, September
30, 1980, and September 30, 1981, under subsection (a) of this section
shall be expended only for increasing the Federal share of grants for
construction of treatment works utlizing innovative processes and
techniques from 75 per centum to 85 per centum pursuant to section 202(
a)(2) of this Act. Including the expenditures authorized by the
preceding sentence, a total of two percentum of the funds allotted to a
State for each of the fiscal years ending September 30, 1979, and
september 30, 1980, and 3 per centum of the funds allotted to a State
for the fiscal year ending September 30, 1981, under subsection (a) of
this section shall be expended only for increasing grants for
construction of treatment works 75 per centum ot 85 per centum pursuant
to section 202(a)(2) of this Act.".
Sec.29. (a) Subsection (a) of section 206 of the Federal Water
Pollution Control Act // 33 USC 1286. // is amended by striking out "
July 1, 1972," and inserting in lieu thereof " Julu 1, 1973,".
(b) Notwithstanding section 206(c) of the Federal Water Pollution
Control Act // 33 USC 1286 // and section 2 of Public Law 93 - 207, in
the case of publicly owned treatment works for which a grant was made
under the Federal Water Pollution Control Act, as amended by the Water
Pollution Control Act amendments of 1956 (Public Law 660, 84th Congress)
// 33 USC 1251. // before July 1, 1972, and on which construction was
initiated before July 1, 1973, applications for assistance under such
section 206 shall be filed not later than the ninetith day after the
date of enactment of Clean Water Act of 1977.
Sec. 30. Section 207 of the Federal Water Pollution Control Act // 33
USC 1287. // is amended by striking out the period at the end thereof
and inserting in lieu thereof a comma and the following: "and subject
to such amounts as are provided in appropriation Acts, for the fiscal
year ending September 30, 1977, $1,000,000,000 for the fiscal year
ending September 30, 1978, $4,500,000,000 and for the fiscal years
ending September 30, 1979, September 30, 1980, September 30, 1981, and
September 30, 1982, not to exceed $5,000,000,000 per fiscal year.".
Sec.31.(a) Section 208(b)(1) of the Federal Water Pollution Control
Act // 33 USC 1288. // is amended by inserting "(A)" after "(b)(1)" and
by adding at the end thereof the following new subparagraph:
"(B) For any ageny designated after 1975 under subsection (a) of this
section and for all portions of a State for which the State is required
to act as the planning agency in accordance with subsection (a)(6), the
initial plan prepared in accordance with such process shall be certified
by the Governor and submitted to the Administrator not later than three
years after the receipt of the initial grant award authorized under
subsection (f) of this section.".
(b) Section 208(f)(2) of the Federal Water Pollution Control Act is
amended to read as follows:
"(2) For the two-year period beginning on the date the first grant is
made under paragraph (1) of this ubsection to an agency, if such first
grant is made before October 1,1977, the amount of each such grnat to
such agency shall be 100 per centum of the costs of developing and
operation a continuing areawide waste treatment management planning
process under subsection (b) of this section, and thereafter the amount
granted to such agency shall not exceed 75 per centum of such costs in
each succeeding one-year period. In the case of any other grant made to
an agency under such paragraph (1) of this subsection, the amount of
such grant shall not exceed 75 per centum of the costs of developing and
operating a continuing areawide waste treatment management planning
process in any year.".
(c) The second sentence of section 208(f)(3) of the Federal Water
Pollution Control Act // 33 USC 1288. // is amended by striking out the
period at the end thereof and inserting in lieu thereof a comma and the
following : "subject to such amounts as are provided in appropriation
Acts.".
Sec.32. Section 208(b)(2)(A) of the Federal Water Pollution Control
Act is amended by inserting before the semicolon a comma and the
following : "and an identification of open space and recreation
opportunities that can be expected to result from improved water
quality, including consideration of potentenial use of lands associated
with treatment works and increased access to water-based recreation".
Sec.33.(a) Section 208(b)(2)(F) of the Federal Water Pollution
Control Act is amended by adding after "sources of pollution, including"
the following: "return flows from irrigated agriculture, and their
cumulative effects,".
(b) Section 502(14) of the Federal Water Pollution Control Act // 33
USC 1362 // is amended by adding at the end thereof the following: "
This term does not include return flows from irrigated agriculture.".
(c) Section 402 of the Federal Water Pollution Control Act // 33 USC
1342. // is amended by adding at the end thereof a new subsection as
follows:
"(l) The Administrator shall not require a permit under this section
for discharges composed entirely of return flows from irrigated
agriculture, nor shall the Administrator directly or indirectly, require
any State to require such a permit.".
Sec.34.(a) Paragraph (4) of subsection (b) of section 208 of the
Federal Water Pollution Control Act is amended--
(1) by inserting "(A)" immediately after "(4);
(2) by striking out "to the Administrator for application to
all regions within such State." and inserting in lieu thereof "to
the Administrator for approval for application to a class or
category of activity throughout such State."; and
(3) by inserting at the end thereof the following new
subparagraphs:
"(B) Any program submitted under subparagraph (A) of this paragraph
which, in whole or in part, is to control the discharge or other
placement of dredged or fill material into the navigable waters shall
include the following :
"(i) A consultation process which includes the State agency
with primary jurisdiction over fish and wildlife resources.
"(ii) A process to identify and manage the discharge or other
placement of dredged or fill material which adversely affects
navigable waters, which shall complement and be coordinated with a
State program under section 404 conducted pursuant to this Act
// 33 USC 1344. //
"(iii) A process to assure that any activity conducted pursuant
to a best management practice will comply with the guidelines
established under section 404(b)(1), and sections 307 and 403 of
this Act.
// 33 USC 1317, 1343. //
"(iv) A process to assure that any activity conducted pursuant
to a best management practice can be terminated or modified for
cause including, but not limited to, the following:
"(v) A process to assure continued coordination with Federal
and Federal-State water-related planning and reviewing processes,
including the National Wetlands Inventory.
"(C) If the Governor of a State obtains approval from the
Administrator of a statewide regulatory program which meets the
requirements of subparagraph (B) of this paragraph and if such State is
administering a permit program under section 404 of this Act, no person
shall be required to obtain an individual permit pursuant to such
section, or to comply with a general permit issued pursuant to such
section, with respect to any appropriate activity within such State for
which a best management practice has been approved by the Administrator
under the program approved by the Administrator pursuant to this
paragraph.
" D) (i) Whenever the Administrator determines after public hearing
that a State is not administering a program approved under this section
in accordance with the requirements of this section, the Administrator
shall so notify the State, and if appropriate corrective action is not
taken within a reasonable time, not to exceed ninety days, the
Administrator shall withdraw approval of such program. The
Administrator shall not withdraw approval of any such program unless he
shall first have notified the State, and made public, in writing, the
reasons for such withdrawal.
"(ii) In the case of a State with a program submitted and approved
under this paragraph, the Administrator shall withdraw approval of such
program under this subparagraph only for a substantial failure of the
State to administer its program in accordance with the requirements of
this paragraph.".
(b) Section 208 of the Federal Water Pollution Control Act // 33 USC
1288. // is amended by adding at the end thereof the following new
subsection:
"(i)(1) The Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service, shall, upon request of the
Governor of a State, and without reimbursement, provide technical
assistance to such State in developing a statewide program for
submission to the Administrator under subsection (b)(4)(B) of this
section and in implementing such program after its approval.
"(2) There is authorized to be appropriated to the Secretary of the
Interior $6,000,000 to complete the National Wetlands Inventory of the
United States, by December 31,1981, and to provide information from such
Inventory to States as it becomes available to assist such States in the
development and operation of programs under this Act.".
Sec. 35. Section 208 of the Federal Water Pollution Control Act //
33 USC 1288 // is amended by adding at the end thereof the following new
subsection:
"(j)(1) The Secretary of Agriculture, with the concurrence of the
Administrator, and acting through the Soil Conservation Service and such
other agencies of the Depatment of Agriculture as the Secretary may
designate, is authorized and directed to estabalish and administer a
program to enter into contracts, subject to such amounts as are provided
in advance by appropriation acts, of not less than five years nor more
than ten years with owners and operators having control of rural land
for the purpose of installing and maintaining measures incorporating
best management practices to control nonpoint source pollution for
improved water quality in those States or areas for which the
Administrator has approved a plan under subsection (b) of this section
where the practices to which the contracts apply are certified by the
management agency designated under subsection (c)(1) of this section to
be consistent with such plans and will result in improved water quality.
such contracts may be entered into during the period ending not later
than September 31, 1988. Under such contracts the land owner or
operator shall agree--
"(i) to effectuate a plan approved by a soil conservation
district, where one exists, under this section for his farm,
ranch, or other land substantially in accordance with the schedule
outlined therein unless any requirement thereof is waived or
modified by the Secretary;
"(ii) to forfeit all rights to further payments or grants under
the contract and refund to the United States all payments and
grants received thereunder, with interest, upon his violation of
the contract at any stage during the time he has control of the
land if the Secretary, after considering the recommendations of
the soil conservation district, where one exists, and the
Administrator, determines that such violation is of such a nature
as to warrant termination of the contract, or to make refunds or
accept such payment adjustments as the Secretary may deem
appropriate if he determines that the violation by the owner or
operator does not warrant termination of the contract;
"(iii) upon transfer of his right and interest in the farm,
ranch, or other land during the contract period to forfeit all
rights to further payments or grants under the contract and refund
to the United States all payments or grants received thereunder,
with interest, unless the transferee, of any such land agrees with
the Secretary to assume all obligations of the contract;
"(iv) not to adopt any practice specified by the Secretary on
the advice of the Administrator in the contract as a practice
which would tend to defeat the purposes of the contract;
"(v) to such additional provisions as the Secretary determines
are desirable and includes in the contract to effectuare the
purposes of the program or to facilitate the practical
administration of the program.
"(2) In return for such agreement by the landowner or operator the
Secretary shall agree to provide technical assistance and share the cost
of carrying out those conservation practices and measures set forth in
the contract for which he derermines that cost sharing is appropriate
and in the public interest and which are approved for cost sharing by
the agency designated to implement the plan developed under subsection
(b) of this section. The portion of such cost (including labor) to be
shared shall be that part which the Secretary derermines is necessary
and appropriate to effectuate the installation of the water quality
management practices and measures under the contract, but not to exceed
50 per centum of the total cost of the measures set forth in the
contract; except the Secretary may increase the matching cost share
where he derermines that (1) the main benefits to be derived from the
measures are related to improving offsite water quality, and (2) the
matching share requirement would place a burden on the landowner which
would probably prevent him from participating in the program.
"(3) The Secretary may terminate any contract with a landowner or
operator by mutual agreement with the owner or operator if the Secretary
determines tha such termination would be in the public interest, and may
agree to such modification of contracts previously entered into as he
may determine to be desirable to carry out the purposes of the program
or facilitate the practical administration thereof or to accomplish
equitable treatment with respect to other conservation land use, or
water quality programs.
"(4) In providing assistance under this subsection the Secretary will
give priority to those areas and sources that have the most significant
effect upon water quality. Additional investigations or plans may be
made, where necessary, to supplement approved water quality management
plans, in order to derermine priorities.
"(5) The Secrerary shall, where practicable, enter into agreements
with soil conservation districts, State soil and water conservation
agencies, or State water quality agencies to administer all or part of
the program established in this subsection under regulations developed
by the Secretary. Such agreements shall provide for the submission of
such reports as the Secretary deems necessary, and for payment by the
United States of such portion of the costs incurred in the
administration of the program as the Secretary may deem appropriate.
"(6) The contracts under this subsection shall be entered into only
in areas where the management agency designated under subsection (c)(1)
of this section assures an adequate level of participation by owners and
operators having control of rural land in such areas. Within such areas
the local soil conservation district, where one exists, together with
the Secretary of Agriculture, will determine the priority of assistance
among individual loand owners and operators to assure that the most
critical water quality problems are addressed.
"(7) The Secretary, in consultation with the Administrator and
subject to section 304(k) of this Act, shall, not later than September
30, 1978, promulgate regulations for carrying out this subsection and
for support and cooperation with other Federal and non-Federal agencies
for implementation of this subsection.
"(8) This program shall not be used to authorize or finance projects
that would otherwise be eligible for assistance under the terms of
Public Law 83 - 566. // 16 USC 1001 //
"(9) There are hereby authorized to be appropriated to the Secretary
of Agriculture $200,000,000 for fiscal year 1980, to carry out this
subsection. The program authorized under this subsection shall be in
addition to, and not in substitution of other programs in such area
authorized by this or any other public law.".
Sec. 36. Section 211 of the Federal Water Pollution Control Act //
13 USC 1291 // is amended by inserting "(a)" immediately after " Sec.
211." and by adding at the end thereof the following new subsections:
"(b) If the Administrator uses population density as a test for
determining the eligibility of a collector sewer for assistance it shall
be only for the purpose of evaluating alternatives and determining the
needs for such system in relation to ground or surface water quality
impact.
"(c) No grant shall be made under this title from funds authorized
for any fiscal year during the period beginning October 1, 1977, and
ending September 30, 1982, for treatment works for control of pollutant
discharges from separate storm sewer systems."
Sec. 37. Section 212 (2) (A) of the Federal Water Pollution Control
Act // 33 USC 1292 // is amended by inserting "(including land used for
the storage of treated wastewater in land treatment systems prior to
land application)" after the word "process".
Sec. 38. Title ii of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new section:
" Sec. 214. // 33 USC 1294 // The Administrator shall develop and
operate within one year of the date of enactment of this section, a
continuing program of public information and education on recycling and
reuse of wastewater (including sludge), the use of land treatment, and
methods for the reduction of wastewater volume.".
Sec.39. Title 11 of the Federal Water Pollution Control Act is
amended by adding at the end thereof th following new section:
" Sec. 215. // 33 USC 1295 // Notwithstanding any other provision of
law, no grant for which application is made after Febvruary 1, 1978,
shall be made under this title for any treatment works unless only such
unmanufactured articles, materials, and supplies as have been mined or
produced in the United States, and only such manufactured articles,
materials, and supplies as have been manufactured in the United States,
substantially all from articles, materials, or supplies mined, produce,
or manufactured, as the case may be, in the United States will be used
in such treatment works. This section shall not apply in any case where
the administrator determines, based upon those factors the Administrator
deems relevant,including the available resources of the agency, it to be
inconsistent with the public interest (including multilateral government
procurement agreements) or the cost to be unreasonable, or if articles,
materials, or supplies of the class or kind to be used or the articles,
materials, or supplies from which they are manufactured are not mined,
produced, or manufactured, as the case may be, in the United States in
sufficient and reasonably available commercial quantities and of a
satisfactory quality."
Sec. 40. Title ii of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new section:
" Sec. 216. Notwithstanding any other provision of this Act // 33
USC 1296. // the determination of the priority to be given each
category of projects for construction of publicly owned treatment works
within each State shall be made solely by that State, except that if the
Administrator, after a public hearing, determines that a specific
project will not result in compliance with the enforceable requirements
of this Act, such project shall be removed from the State's priority
list and such State shall submit a revised priority list. These
categories shall include, but not be limited to (A) secondary treatment,
(B) more stringent treatment (C) infiltration-in-flow correction, (D)
major sewer system rehabilitation, (E) new collector sewers and
appurtenances, (F) new interceptors and appurtenances, and (* )
correction of combined sewer overflows. Not less than 25 per centum of
funds allocated to a State in any fiscal year under this title for
construction of publicly owned treatment works in such State shall be
obligated for those types of projects referred to in clauses (
),(E),(F),and (* ) of this section, if such projects are on such State,
s priority list for that year and are otherwise eligible for funding in
that fiscal year."
Sec. 41. Title ii of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new section:
" Sec. 217. // 33 USC 1297 // Any guidelines for cost-effectiveness
analysis published by the Administrator under this title shall provide
for the identification and selection of cost effective alternatives to
comply with the objective and goals of this Act and sections 201 (b),
201(d),201(g)(2)(A), and 301(b)(2)(B) of this Act." // 33 USC 1251,
1281, 1311. //
Sec. 42. (a) Paragraph (2) of subsection (b) of section 301 of the
Federal Water Pollution Control Act is amended--
(1) in subparagraph (A), by striking out "; and" and inserting
in lieu thereof a semicolon;
(i) in subparagraph (B), by striking out the period and
inserting in lieu therof a semicolon; and
(3) by adding at the end thereof the following new
subparagraphs:
"(C) not later than July 1, 1984, with respect to all toxic
pollutants referred to in table 1 of Committee Print Numbered 95 -
30 of the Committee on Public Works and Transportation of the
House of Representatives compliance with effluent limitations in
accordance with subparagraph (A) of this paragraph;
"(D) for all toxic pollutants listed under paragraph (1) of
subsection (a) of section 307 of this Act which are not referred
to subparagraph (C) of this paragraph compliance with effluent
limitations in accordance with subparagraph (A) of this paragraph
not later than three years after the date such limitations are
established;
"(E) not later than July 1, 1984, effluent limitations for
categories and classes of point sources, other than publicly owned
treatment works, which in the case of pollutants identified
pursuant to section 304 (a)(4) of this Actshall require
application of the best conventional pollutant control technology
as determined in accordance with regulations issued by the
Administrator pursuant to section 304 (b)(4) of this Act; and
"(F) for all pollutants (other than those subject to
subparagraphs (C), (D), or (E) of this paragraph) compliance with
effluent limitations in accordance with subparagraph (A) of this
paragraph not later than 3 years after the date such limitations
are established, or not later than July 1, 1984, whichever is
later, but in no case later than july 1, 1987.".
(b) Paragraph (2)(A) of section 301 (b) of the Federal Water
Pollution Control Act // 33 USC 1311. // is amended by striking out
"not later than July 1, 1983," and inserting in lieu thereof "for
pollutants identified in subparagraphs (C),(D), and(F) of this
paragraph,".
Sec. 43. Section 301 of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new subsection:
"(g)(1) The Administrator, with the concurrence of the State, shall
modify the requirements of subsection (b)(2)(A) of this section with
respect to the discharge of any pollutant (other than pollutants
identified pursuant to section 304 (a)(4) of this Act, toxic pollutants
subject to section 307(a) of this Act, and the thermal component of
discharges) from any point source upon a showing by the owner or
operator of such point source satisfactory to the Administrator that--
"(A) such modified requirements will result at a minimum in
compliance with the requirements of subsection (b)(1)(A) or (C) of
this section, whichever is applicable;
"(B) such modified requirements will not result in any
additional requirements on any other point or nonpoint source;
and
"(C) such modification will not interfere with the attainment
or maintenance of that water quality which shall assure protection
of public water supplies, and the protection and propagation of a
balanced population of shellfish, fish, and wildlife, and allow
recreational activities, in and on the water and such modification
will not result in the discharge of pollutants in quantities which
may reasonably be anticipated to pose an unacceptable risk to
human health or the environment because of bioaccumulation,
persistency in the environment, acute toxicity, chronic toxicity
(including carcinogenicity, mutagenicity or teratogenicity), or
synergistic propensities.
"(2) If an owner or operator of a point source applies for a
modification under this subsection with respect to the discharge of any
pollutant, such owner or operator shall be eligible to apply for
modification under subsection (c) of this section with respect to such
pollutant only during the same time period as he is eligible to apply
for a modification under this subsection.".
Sec. 44. Section 301 of the Federal Water Pollution Control Act //
33 USC 1311. // is amended by adding at end thereof the following new
subsection:
"(h) The Administrator, with the concurrence of the State, may issue
a permit under section 402 // 33 USC 1342. // which modifies the
requirements of subsection (b)(1)(B) of this section with respect to the
discharge of any pollutant in an existing discharge from a publicly
owned treatment works into marine waters, if the applicant demonstrates
to the satisfaction of the Administrator that--
"(1)there is an applicable water quality standard specific to
the pollutant for which the modification is requested, which has
been identified under section 304 (a)(6) of this Act;
"(2) such modified requirements will not interfere with the
attainment or maintenance of that water quality which assures
protection of public water supplies and the protection and
propagation of a balanced, indigenous population of shellfish,
fish and wildlife, and allows recreational activities, in and on
the water;
"(3) the applicant has established a system for monitoring the
impact of such discharge on a representative sample of aquatic
biota, to the extent practicable;
"(4) such modified requirements will not result in any
additional requirements on any other point or nonpoint source;
"(5) all applicable pretreatment requirements for sources
introducing waste into such treatment works will be enforced;
"(6) to the extent practicable, the applicant has established a
schedule of activities designed to eliminate the entrance of toxic
pollutants from nonindustrial sources into such treatment works;
"(7) there will be no new or substantially increased discharges
from the point source of the pollutant to which the modification
applies above that volume of discharge specified in the permit;
"(8) any funds available to the owner of such treatment works
under title ii of this Act
// 33 USC 1281. //
will be used to achieve the degree of effluent reduction required
by section 201(b) and (g)(2)(A)
// 33 USC 1281. //
or to carry out the requirements of this subsection.
For the purposes of this subsection the phrase "the discharge of any
pollutant into marine waters, refers to a discharge into deep waters of
the territorial sea or the waters of the contiguous zone, or into saline
estuarine waters where there is strong tidal movement and other
hydrological and geological characteristics which the Administrator
determines necessary to allow compliance with paragraph (2) of this
subsection, and section 101 (a)(2) of this Act.". // 33 USC 1251. //
Sec. 45. Section 301 of th Federal Water Pollution Control Act is
amended by adding at the end thereof the following new subsection:
"(i)(1) Where construction is required in order for a planned or
existing publicly owned treatment works to achieve limitations under
subsection (b)(1)(B)or(b)(1)(C) of this section, but (A) construction
cannot be completed within the time required in such subsection, or (B)
the United States has failed to make finanicial assistance under this
Act available in time to achieve such limitations by the time specified
in such subsection, the owner or operator of such treatment works may
request the Administrator nor if appropriate the State) to issue a
permit pursuant to section 402 of this Act or to modify a permit issued
pursuant to that section to extend such time for compliance. any such
request shall be filed with the Administrator ( or if appropriate the
State) within 180 days after the date of enactment of this subsection.
The Administrator (or if appropriate the State) may grant such request
and issue or modify such a permit, which shall contain a schedule of
compliance for the publicly owned treatment works based on the earliest
date by which finanicial assistance will be available from the United
States and construction can be completed, but in no event later than
JULY 1, 1983, and shall contain such other terms and conditions,
including those necessary to carry out subsections (b) through (g) of
section 201 of this Act // 33 USC 1281. // section 307 of this Act, //
33 USC 1317. // and such interim effluent limitations applicable to
that treatment works as the * administrator derermines are necessary to
carry out the provisions of this Act.
"(2)(A) Where a point source (other than a publicly owned treatment
works) will not achieve the requirements of subsections (b) (1) (A) and
(b)(1)(C) of this section and --
"(i) if a permit issued prior to July 1, 1977, to such point
source is based upon a discharge into a publicly owned treatment
works; or
"(ii) if such point source (other than a publicly owned
treatment works) had before july 1, 1977, a contract (enforceable
against such point source) to discharge into a publicly owned
treatment works; or
"(iii) if either an application made before July 1,1977, for a
construction grant under this Act for a publicly owned treatment
works, or engineering or architectural plans or working drawings
made before July 1, 1977, for a publicly owned treatment works,
show that such point source was to discharge into such publicly
owned treatment works,
and such publicly owned treatment works is presently unable to accept
such discharge without construction, and in the case of a discharge to
an existing publicly owned treatment works, such treatment works has an
extension pursuant to paragraph (u) of this subsection, the owner or
operator of such point source may request the Administrator (or if
appropriate the State) to issue or modify such a permit pursuant to such
section 402 // 33 USC 1342. // to extend such time for compliance. Any
such request shall be filed with the Administrator (or if appropriate
the State) within 180 days after the date of enactment of this
subsection or the filing of a request by the appropriate publicly owned
treatment works under paragraph (1) of this subsection, whichever is
later. If the Administrator (or if appropriate the State) finds that
the owner or operator of such point source has acted in good faith, he
may grant such request and issue or modify such a permit, which shall
contain a schedule of compliance for the point source to achieve the
requirements of subsections (b)(1)(A) and (C) of this section and shall
contain such other terms and conditions, including pretreatment and
interim effluent limitations and water conservation requirements
applicable to that point source, as the Administrator determines are
necessary to carry out the provisions of this Act.
"(B) No time modification granted by the $administrator (or if
appropriate the State) pursuant to paragraph (2)(A) of this subsection
shall extend beyond the earliest date practicable for compliance or
beyond the date of any extension granted to the appropriate publicly
owned treatment works pursuant to paragraph (1) of this subsection, but
in no event shall it extend beyond July 1, 1983; and no such time
modification shall be granted unless (i) the publicly owned treatment
works will be in operation and available to the point source before July
1, 1983, and will meet the requirements of subsections (b)(1) (B) and(C)
of this section after receiving the discharge from that point source;
and (ii) the point source and the publicly ownded treatmentworks have
entered into an enforceable contract requiring the point source to
discharge into the publicly owned treatment works, the owner or operator
of such point source to pay the costs required under section 204 of this
Act, // 33 USC 1284. // and the publicly owned treatment works to
accept the discharge from the point source; and (iii) the permit for
such point source requires that point source to meet all requirements
under section 307 (a) and (b) // 33 USC 1317. // during the period of
such time modification.".
Sec. 46. $section 301 of the Federal * water Pollution Control Act
is amended by adding at the end thereof the following new subsection:
"(4)(1) Any application filed under this section for a modification
of the provisions of--
"(A) subsection (b) (1)( e under subsection (h) of this section
shall be filed not later than 270 days after the date of enactment
of the Clean Water Act of 1977;
"(B) subsection (b)(2)(A) as it applies to pollutants
identified in subsection (b)(2)(F) shall be filed not later than
270 days after the date of promulgation of an applicable effluent
guideline under section 304
// 33 usc 1314. // or not later than 270 days after the date of
enactment of the Clean Water Act of 1977, whichever is later.
"(2) Any application for a modification filed under subsection (g) of
this section shall not operate to stay any requirement under this Act,
unless in the judgment of the Administrator such a stay or the
modification sought will not result in the discharge of pollutants in
quantities which may reasonably be anticipated to pose an unacceptable
risk to human health or the environment because of bioaccumulation,
persistency in the environment, acute toxicity, chronic toxicity
(including carcinogenicity, mutagenicity, or teratogenicity), or
synergistic propensities, and that there is a substantial likelihood
that the applicant will succeed on the merits of such application. In
the case of an application filed under subsection (g) of this section,
the Administrator may conditon any stay granted under this paragraph on
requiring the filing of a bond or other appropriate security to assure
timely compliance with the requirements from which a modification is
sought."
Sec. 47. Section 301 of the Federal Water Pollution Control Act is
amended by adding at the end thereof a new subsection as follows:
"(k) In the case of any facility subject to a permit under section
402 which proposes to comply with the requirements of subsection (b)(2)
(A) of this section by replacing existing production capacity with an
innovative production process which will result in an effluent reduction
significantly greater than that required by the limitation otherwise
applicable to such facility and moves toward the national goal of
eliminating the discharge of all pollutants, or with the installation of
an innovative control technique that has a substantial likelihood for
enabling the facility to comply with the applicable effluent limitation
by achieving a significantly greater effluent reduction than that
required by the applicable effluent limitation and moves toward the
national goal of eliminating the discharge of all pollutants, or by
achieving the required reduction with an innovative system that has the
potential for significantly lower costs than the systems which have been
determined by the Administrator to be economically achievable, the
Administrator ( or the State with an approved program under section 402,
in consultation with the Administrator) may establish a date for
compliance under subsection (b)(2)(A) of this section no later than July
1, 1987, if it is also determined that such innovative system has the
potential for industrywide application.".
Sec. 48. (a) Section 304(a) of the Federal Water Pollution Control
Act // 33 USC 1314. // is amended by adding at the end thereof the
following new paragraphs:
"(4) The Administrator shall, within 90 days after the date of
enactment of the Clean Water Act of 1977 and from time to time
thereafter, publish and revise as appropriate information identifying
conventional pollutants, including but not limited to, pollutants
classified as biological oxygen demanding, suspended solids, fecal
coliform, and p H. The thermal component of any discharge shall not be
identified as a conventional pollutant under this paragraph.
"(5)(A) The Administrator, to the extent practicable before
consideration of any request under section 301 (g) of this Act and
within six months after the date of enactment of the Clean Water Act of
1977, shall develop and publish information on the factors necessary for
the protection of public water supplies, and the protection and
propagation of a balanced population of shellfish, fish and wildlife,
and to allow recreational activities, in and on the water.
"(B) The Administrator, to the extent practicable before
consideration of any application under section 301 (h) of this Act and
within six months after the date of enactment of the Clean Water Act of
1977, shall develop and publish information on the factors necessary for
the protection of public water supplies, and the protection and
propagation of a balanced indigenous population of shellfish, fish and
wildlife, and to allow recreational activities, in and on the water.
"(6) The Administrator shall, within three months after enactment of
the Clean Water Act of 1977 and annually thereafter, for purposes of
section 301(h) of this Act publish and revise as appropriate information
identifying each water quality standard in effect under this Act or
State law, the specific pollutants associated with such water quality
standard, and the particular waters to which such water quality standard
applies."
(b) Section 304(b) of the Federal Water Pollution Control Act is
amended--
(1)in paragraph (2)(B), by striking out "; and inserting in
lieu thereof a semicolon;
(2) in paragraph (3), by striking out the period at the end
thereof and inserting in lieu thereof ";and" and
(3)by adding at the end thereof the following new paragraph:
"(4)(A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the
application of the best conventional pollutant control technology
(including measures and practices) for classes and categories of
point sources (other than publicly owned treatment works); and
"(B) specify factors to be taken into account in determining
the best conventional pollutant control technology measures and
practices to comply with section 301 (b)(2)(E) of this Act to be
applicable to any point source (other than publicly owned
treatment works) within such categories or classes. Factors
relating to the assessment of best conventional pollutant control
technology (including measures and practices) shall include
consideration of the reasonableness of the relationship between
the costs of attaining a reduction in effluents and the effluent
reduction benefits derived, and the comparison of the cost and
level of reduction of such pollutants from the discharge from
publicly owned treatment works to the cost and level of reduction
of such pollutants from a class or category of industrial sources,
and shall take into account the age of equipment and facilities
involved, the process employed, the engineering aspects of the
application of various types of control techniques, process
changes, non-water quality environmental impact (including energy
requirements), and such other factors as the Administrator deems
appropriate.".
Sec. 49. Subsection (d) of setion 304 of the Federal Water Pollution
Control Act // 33 USC 1314. // is amended by adding at the end thereof
the following new paragraph:
"(3) The Administrator, after consultation with appropriate Federal
and State agencies and other interestedpersons, shall promulgate within
one hundred and eighty days after the date of enactment of this
subsection guidelines for identifying and evaluating innovative and
alternative wastewater treatment processes and techniques referred to in
section 201 (g)(5) of this Act.".
Sec. 50. Section 304 of the Federal Water Pollution Control Act //
33 USC 1314. // is amended by inserting immediately after subsection
(d) the following new subsection and by redesignating succeeding
subsections, including references thereof, accordingly:
"(e) The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, may publish
regulations, supplemental to any effluent limitations specified under
subsections (b) and (c) of this section for a class or category of point
sources, for any specific pollutant which the Administrator is charged
with a duty to regulate as a toxic or hazaradous pollutant under section
307(a)(1) or 311 of this Act, // 33 USC 1321. // to control plant site
runoff, spillage or leaks, sludge or waste disposal, and drainage from
raw material storage which the Administrator determines are associated
with or ancillary to the industrial manufacturing or treatment process
within such class or category of point sources and may contribute
significant amounts of such pollutants to navigable waters. Any
applicable controls established under this subsection shall be included
as a requirement for the purposes of section 301, 302, 306, 307, or 403
// 33 USC 1311, 1312, 1316, 1317, 1343. 33 USC 1342. // as the case
may be, in any permit issued to a point source pursuant to section 402
of this Act.".
Sec. 51. Section 304 (k) of the Federal Water Pollution Control Act
as redesignated by this Act is amended to read as follows:
"(k)(1) The Administrator shall enter into agreements with the
Secretary of Agriculture, the Secretary of the Army, and the Secretary
of the Interior, and the heads of such other departments, agencies, and
instrumentalities of the United States as the Administrator determines,
to provide for the maximum utilization of other Federal laws and
programs for the purpose of achieving and maintaining water quality
through appropriate inpolemntation of plans approved under section 208
of this Act. // 33 usc 208. //
"(2) The Administrator is authorized to transfer to the Secretary of
Agriculture, the Secretary of the Army, and the Secretary of the
Interior and the heads of such other departments, agencies, and
instrumentalities of the United States as the Administrator determines,
any funds appropriated under paragraph (3) of this subsection to
supplement funds otherwise appropriated to programs authorized pursuant
to any agreement under paragraph (1).
"(3) There is authorized to be appropriated to carry out the
provisions of this subsection, $100,000,000 per fiscal year for the
fiscal years 1979 through 1983.".
Sec. 52. Subsection (b) of section 305 of the Federal Water
Pollution Control Act // 33 USC 1315. // is amended--
(1) by striking out " January 1, 1975, and shall bring up to
date each year thereafter," in paragraph (1) and inserting in lieu
thereof " April 1, 1975, and shall bring up to date by April 1,
1976, and biennially thereafter,"; and
(2) by striking out "annually" in paragraph (2) and inserting
in lieu thereof the following: " October 1, 1976, and
biennially".
Sec. 53. (a) Paragraphs (1),(2), and (3) of section 307 (a) of the
Federal Water Pollution Control Act // 33 USC 1317 // are amended to
read as follows:
"(a)(1) On and after the date of enactment of the Clean Water Act of
1977, the list of toxic pollutants or combination of pollutants subject
to this Act shall consist of those toxic pollutants listed in table 1 of
Committee Print Numbered 95 - 30 of the Committee on public Works and
Transportation of the House of Representatives, and the Administrator
shall publish, not later than the thirtieth day after the date of
enactment of the Clean Water Act of 1977, that list. From time to time
thereafter, the Administrator may revise such list and the Administrator
is authorized to add to or remove from such list any pollutant. The
Administrator in publishing any revised list, including the addition or
removal of any pollutant from such list, shall take into account
toxicity of the pollutant, its persistence, degradability, the usual or
potential presence of the affected organisms in any waters, the
importance of the affected organisms, and the nature and extent of the
effect of the toxic pollutant on such organisms. A determination of the
Administrator under this paragraph shall be final except that if, on
judicial review, such determination was based on arbitrary and
capricious action of the Administrator, the Administrator shall make a
redetermination.
"(2) Each toxic pollutant listed in accordance with paragraph (1) of
this subsection shall be subject to effluent limitations resulting from
the application of the best available technology economically achievable
for the applicable category or class of point sources established in
accordance with sections 301 (b)(2)(A) and 304 (b)(2) of this Act. The
Administrator, in his discretion, may publish in the Federal Register a
proposed effluent standard (which may include a prohibition)
establishing requirements for a toxic pollutant which,if an effluent
limitation is applicable to a class or category of point sources shall
be applicable to such category or class only if such standard imposes
more stringent requirements. Such published effluent standard (or
prohibition ) shall take into account the toxicity of the pollutant, its
persistence, degradability, teh usual or potential presence of the
affected organisms in any waters, the importance of the affected
organisms and the nature and extent of the effect of the toxix pollutant
on such organisms, and the extent to which effective control is being or
may be achieved under other regulatory authority. The Administrator
shall allow a period of not less than sixty days following publication
of any such proposed effluent standard (or prohibition) for written
comment by interested persons on such proposed standard. In addition, if
within thirty days of publication of any such proposed effluent standard
(or prohibition) any interested person so requests, the Administrator
shall hold a public hearing in connection therewith. Such a public
hearing shall provide an opportunity for oral and written presentations,
such cross-examination as the Administrator determines is appropriate on
disputed issues of material fact, and the transcription of a verbatim
record which shall be available to the public. After consideration of
such comments and any information and material presented at any public
hearing held on such proposed standard or prohibition, the Administrator
shall promulgate such standard (or prohibition) with such modification
as the Administrator finds are justified. Such promulgation by the
Administrat/or shall be made within two hundred and seventy days after
publication of proposed standard (or prohibition). Such standard (or
prohibition) shall be final except that if, on judicial review, such
standard was not based on substantial evidence, the Administrator shall
promulgate a revised standard. Effluent limitations shall be
established in accordance with sections 301 (b)n2)(A) and 304 (b)(2) for
every toxic pollutant referred to in table 1 of Committee Print Numbered
95 - 30 of the Committee on Public Works and Transportation of the House
of Representatives as soon as practicable after the date of enactment of
the Clean Water Act of 1977, but no later than July 1, 1980. Such
effluent limitations or effluent standards (or prohibitions) shall be
established for every other toxic pollutant listed under paragraph (1)
of this subsection as soon as practicable after it is so listed.
"(3) Each such effluent standard (or prohibition) shall be reviewed
and, if appropritate, revised at least every three years."
(b) Paragraph (6) of section 307 (a) of the Federal Water Pollution
Control act // 33 USC 1317 // is amended to read as follows:
"(6) Any effluent standard (or prohibition) established pursuant to
this section shall take effect on such date or dates as specified in the
order promulgating such standard, but in no case, more than one year
from the date of such promulgation. If the Administrator determines
that compliance within one year from the date of promulgation is
technologically infeasible for a category of sources, the Administrator
may establish the effective date of the effluent standard (or
prohibition) for such category at the earliest date upon which
compliance can be feasibly attained by sources within such category, but
in no event more than three years after the date of such promulgation.".
(c) Section 301 of the Federal Water Pollution Control Act // 33 usc
1311 // is amended by adding at the end thereof the following new
subsection:
"(1) The Administrator may not modify any requirement of this section
as it applies to any specific pollutant which is on the toxic pollutant
list under section 307 (a) (1) of this Act.".
Sec. 54. (a) Section 307 (b)(1) of the Federal Water Pollution
Control Act // 33 usc 1317 // is amended by adding at teh end thereof
the following new sentence: " If, in the case of any toxic pollutant
under subsection (a) of this section introduced by a source into a
publicly owned treatment works, teh treatment by such works removes all
or any part of such toxic pollutant and the discharge from such works
does not violate that effluent limitation or standard which would be
applicable to such toxic pollutant if it were discharged by such source
other than through a publicly owned treatment works, and does not
prevent sludge use or disposal by such works in accordance with section
405 of this Act, then the pretreatment requirements for the sources
actually discharging such toxic pollutant into such publicly owned
treatment works may be revised by the owner or operator of such works to
reflect the removal of such toxic pollutant by such works.".
(b) Section 309 of the Federal Water Pollution Control Act // 33 USC
1319 // is amended by adding at the end thereof the following new
subsection:
"(f) Whenever, on the basis of any information available to him, the
Administrator finds that an owner or operator of any source is
introducing a pollutant into a treatment works in violation of
subsection (d) of sectio 307, the Administrator may notify the owner or
operator of such treatment works and the State of such violation. If the
owner or operator of the treatment works does not commence appropriate
enforcement action within 30 days of the date of such notification, the
Administrator may commence a civil action for appropriate relief,
including but not limited to, a permanent or temporary injunction,
against the owner or operator of such treatment works. In any such civil
action the Administrator shall join the owner or operator of such source
as a party to the action. Such action shall be brought in the district
court of the United States in the district in which the treatment works
is located. Such court shall have jurisdiction to restrain such
violation and to require the owner or operator of the treatment works
and the owner or operator of the source to take such action as may be
necessary to come into compliance with this Act. Notice of commencement
of any such action shall be given to the State. Nothing in this
subsection shall be construed to limit or prohibit any other authority
the Administrator may have under this Act.".
(c)(1) Section 402 (b)(8) of the Federal Water Pollution Control Act
// 33 USC 1342 // is amended by inserting after "includes conditions to
require " the following: "the identification in terms of character and
volume of pollutants of any significant source introducing pollutants
subject to pretreatment standards under section 307 (b) of this Act into
such works and a program to assure compliance with such pretreatment
standards by each such source, in addition to".
(2) Any State permit program under section 402 of the Federal Water
Pollution Control Act // 33 usc 1342 // before the date of enactment of
the Clean Water Act of 1977, which requires modification to conform to
the amendment made by paragraph (1) of this subsection, shall not be
required to be modified before the end of the one year period which
begins on the date of enactment of the Clean Water act of 1977 unless in
order to make the required modification a State must amend or enact a
law in which case such modification shall not be required for such State
before the end of the two year period which begins on such date of
enactment.
(d) Section 405 of the Federal Water Pollution Control Act // 33 USC
1345 // is amended (1) by striking out in subsection (b) thereof
"subject to this section" and inserting in lieu thereof "subject to
subsection (a) of this section", (2) by sstriking out in subsection (c)
thereof "sewage sludge" and inserting in lieu thereof "sewage sludge
subject to subsection (a) of this section". and (3) by adding at the end
thereof the following new subsections:
"(d) The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, shall develop and
publish, within one year after the date of enactment of this subsection
and from time to time thereafter, regulations providing guidelines for
the disposal of sludge and the utilization of sludge for various
purposes. Such regulations shall--
"(1) identify uses for sludge, including disposal;
"(2) specify factors to be taken into account in determining
the measures and practices applicable to each such use or disposal
(including publication of information on costs);
"(3) identify concentrations of pollutants which interfere with
each such use or disposal.
The Administrator is authorized to revise any regulation issued under
this subsection.
"(e) The determination of the manner of disposal or use of sludge is
a local determination except that it shall be unlawful for the owner or
operator of any publicly owned treatment works to dispose of sludge from
such works for any use for which guidelines have been established
pursuant to subsection (d) of this section, except in accordance with
such guidelines.
Sec. 55. (a) Paragraph of subsection (a) of section 309 of the
Federal Water Pollution Control Act // 33 USC 1319 // is amended by
striking "or 308" in the first sentence thereof and inserting in lieu
thereof "308, 318, or 405".
(b) Paragraph 73) of subsection (a) of section 309 of the Federal
Water Pollution Control Act is amended by striking "or 308" in the first
sentence thereof and inserting in lieu thereof "308, 318, or 405".
(c) Subsection (d) of section 309 of the Federal Water Pollution
Control Act is amended by striking "or 308" in the first sentence
thereof and inserting in lieu thereof "308, 318, or 405".
Sec. 56. (a) The third sentence of section 309 (a) (2) of the Federal
Water Pollution Control Act is amended by striking out "the
Administrator shall " and by inserting in lieu thereof the following:
"except where an extension has been granted under paragraph (5) (B) of
this subsection, the Administrator shall".
(b) Section 309 (a) (4) of the Federal Water Pollution Control Act is
amended by striking out the second sentence thereof.
(c) Section 309 (a) of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new paragraphs:
"(5)(A) Any order issued under this subsection shall be my personal
service, shall state with reasonable specificity the nature of the
violation and shall specify a time for compliance not to exceed thirty
days in the case of a violation of an interim compliance schedule or
operation and maintenance requirement and not to exceed a time the
administrator determines to be reasonable in the case of a violation of
a final deadline, taking into account the seriousness of the violation
and any good faith efforts to comply with applicable requirements.
"(B) The Administrator may, if he derermines (i) that any person who
is a violator of, or any person who is otherwise not in compliance with,
the time requirements under this Act or in any permit issued under this
Act, has acted in good faith, and has made a commitment (in the form of
contracts or other securities) of necessary resources to achieve
compliance by the earliest possible date after July 1, 1977, but not
later than April 1, 1979; (ii) that any extension under this provision
will not result in the imposition of any additional controls on any
other point or nonpoint source; (iii) that an application for a permit
under section 402 of this Act // USC 1342 // was filed for such person
prior to December 31, 1974; and (iv) that the facilities necessary for
compliance with such requirements are under construction, grant an
extension of the date referred to in section 301 ]b)(1)(A) // 33 USC
1311 // to a date which will achieve compliance at the earliest time
possible but not later than April 1, 1979.
"(6) Whenever, on the basis of information available to him, the
Administrator finds (A) that any person is in violation of section 301
(b)(1) (A) or (C) of this Act, (B) that such person cannot meet the
requirements for a time extension under section 301 (i)(2) of this Act,
and (C) that the most expeditious and appropriate means of compliance
with this Act by such person is to discharge into a publicly owned
treatment works, then, upon request of such person, the Administrator
may issue an order requiring such person to complu with this Act at the
earliest date practicable, but not later than July 1, 1983, by
discharging into a publicly owned treatment works if such works concur
with such order. Such order shall include a schedule of compliance.".
Sec. 57. Subsection (b) of section 311 of the Federal Water
Pollution Control Act // 33 USC 1321 // is amended by adding a new
clause (v) to paragraph (2) (B) as follows:
"(v) In addition to establishing a penalty for the discharge of a
hazardous substance derermined not to be removable pursuant to clauses
(ii) through (iv) of this subparagraph, the Administrator may act to
mitigate the damage to the public health or welfare caused by such
discharge. The cost of such mitigation shall be deemed a cost incurred
under subsection (c) of this section for the removal of such substance
by the United States Government.".
Sec. 58. (a)(1) Section 311 (b)(1) of the Federal Water Pollution
Control Act is amended by striking out the period at the end thereof and
inserting in lieu thereof a comma and the following: "or in connection
with activities under the Outer Continental Shelf Lands Act // 43 USC
1331 // the Deepwater Port Act of 1974, // 33 USC 1501 // or which may
affect natural resources belonging to, appertaining to, or
under the exclusive management authority of the United States
(including resources under the Fishery Conservation and Management Act
of 1976)." // 16 USC 1801 //
(2) Section 311 (b)(2)(A) of the Federal Water Pollution Control Act
as amended by inserting after "the contiguous zone" the following: "or
in connection with activities under the Outer Continental Shelf Lands
Act or the Deepwater Port Act of 1974, or which may affect natural
resources belonging to , appertaining to, or under the exclusive
management authority of the United States (including resources under the
Fishery Conservation and Management Act of 1976)". // 16 USC 1801 //
(3) Section 311(b)(3) of the Federal Water Pollution Contro Act // 33
USC 1321 // is amended by inserting "(i)" immediately after " The
discharge of oil or hazardous substances" and by inserting after the
phrase "into or upon the waters of the contiguous zone" a comma and the
following: "or (ii) in connection with activities under the Outer
Continental Shelf Lands Act // 43 USC 1331 // or the Deepwater Port Act
of 1974, // 33 USC 1501 // or which may affect natural resources
belonging to, appertaining to, or under the exclusive management
authority of the United States (including resources under the Fishery
Conservation and Management Act of 1976),".
(4) Section 311(b)(3)(A) of the Federal Water Pollution Control Act
is amended by inserting "or which may affect natural resources belonging
to, appertaining to, or under the exclusive management authority of the
United States (including resources under the Fishery Conservation and
Management Act of 1976)" immediately after "waters of the contiguous
zone", and by striking out "article IV of".
(5) Section 311(b)(4) of the Federal Water Pollution Control Act is
amended by striking all after "beaches" and inserting a period.
(6) Section 311(b)(5) of the Federal Water Pollution Control Act is
amended by inserting after " Any such person" in the second sentence
"(A) in charge of a vessel from which oil or a hasardous substance is
discharged in violation of paragraph (3)(i) of this subsection or (B) in
charge of a vessel from which oil or a hazardous substance is discharged
in violation of paragraph (3)(ii) of this subsection and who is
otherwise subject to the jurisdiction of the United States, or (C) in
charge of an onshore facility or an offshore facility,".
(7) The first sentence of section 311(b)(6) of the Federal Water
Pollution Control Act is amended by striking out " Any owner or operator
of any vessel, or shore facility," and inserting in lieu thereof " Any
owner, operator, or person in charge of any onshore facility".
(8) Section 311(b)(6) of the Federal Water Pollution Control Act is
amended by inserting immediately after the first sentence thereof the
following: " Any owner, operator, or person in charge of any vessel
from which oil or a hazardous substance is discharged in violation of
paragraph (3)(i) of this subsection, and any owner, operator, or person
in charge of a vessel from which oil or a hazardous substance is
discharged in violation of paragraph (3)(ii) who is otherwise subject to
the jurisdiction of the United States, shall be assessed a civil penalty
by the Secretary of the department in which the Coast Guard is operating
of not more than $5,000 for each offense.".
(b) Section 311(c)(1) of the Federal Water Pollution Control Act is
amended by inserting after "discharged," the following: "or there is a
substantial threat of such discharge,".
(c)(1) Section 311(c)(1) of the Federal Water Pollution Control Act
is further amended by inserting after "contiguous zone," the following:
"or in connection with activities under the Outer Continental Shelf
Lands Act or the Deepwater Port Act of 1974, or which may affect natural
resources belonging to, appertaining to, or under the exclusive
management authority of the United States (including resources under the
Fishery Conservation and Management Act of 1976)".
(2) The last sentence of section 311(d) of the Federal Water
Pollution Control Act is amended by inserting after "under this
subsection" the following: "or under the Intervention on the High Seas
Act // 33 USC 1471 // (or the convention defined in section 2(3)
thereof)".
(3) Section 311(j)(2) of the Federqal Water Pollution Control Act //
33 USC 1321 // is amended by inserting immediately after the first
sentencde the following: " This paragraph shall not apply to any owner
or operator of any vessel from which oil or a hazardous substance is
discharged in violation of paragraph (3)(ii) of subsection (b) unless
such owner, operator, or person in charge is otherwise subject to the
jurisdiction of the United States.".
(d)(1) Section 311(a) of the Federal Water Pollution Control Act is
amended by striking out the period at the end thereof and inserting in
lieu thereof a semicolon and by adding at the end thereof the following
new paragraphs:
"(15) 'inland oil barge' means a non-self-propelled vessel
carrying oil in bulk as cargo and certificated to operate only in
the inland waters of the United States, while operating in such
waters;
"(16) 'inland waters of the United States' means those waters
of the United States lying inside the baseline from which the
territorial sea is measured and those waters outside such baseline
which are a part of the Gulf Intracoastal Waterway.".
(2) Section 311(f)(1) of the Federal Water Pollution Control Act is
amended by striking out "$100 per gross ton of such vessel or
$14,000,000, whichever is lesser," and inserting in lieu thereof the
following: ", in the case of an inland oil barge $125 per gross ton of
such barge, or $125,000, whichever is greater, and in the case of any
other vessel, $150 per gross ton of such vessel (or, for a vessel
carrying oil or hazardous substances as cargo, $250,000), whichever is
greater,".
(3) Section 311(g) of the Federal Water Pollution Control Act is
amended by striking out "$100 per gross ton of such vessel or
$14,000,000, whichever is the lesser." and inserting in lieu thereof the
following: ", in the case of an inland oil barge $125 per gross ton of
such barge, or $125,000, whichever is greater, and in the case of any
other vessel, $150 per gross ton of such vessel (or, for a vessel
carrying oil or hazardous substances as cargo, $250,000), whichever is
greater.".
(4) Section 311(p)(1) of the Federal Water Pollution Control Act is
amended by striking out "$100 per gross ton, or $14,000,000 whichever is
the lesser," and inserting in lieu thereof the following: ", in the
case of an inland oil barge $125 per gross ton of such barge, or
$125,000, whichever is greater, and in the case of any other vessel,
$150 per gross ton of such vessel (or, for a vessel carrying oil or
hazardous substances as cargo, $250,000), whichever is greater,".
(5) Section 311(f)(2) of the Federal Water Pollution Control Act is
amended by striking out "$8,000,000" and inserting in lieu thereof
"$50,000,000".
(6) Section 311(f)(3) of the Federal Water Pollution Control Act is
amended by striking out "$8,000,000" and inserting in lieu thereof
"$50,000,000".
(e) Section 311(c)(2)(D) of the Federal Water Pollution Control Act
is amended by striking out "to the appropriate Federal agency;" and
inserting in lieu thereof "and imminent threats of such discharges to
the appropraite State and Federal agencies;".
(f) Section 311(g) of the Federal Water Pollution Control Act is
amended by inserting after "(g)" the following: " Where the owner or
operator of a vessel (other than an inland oil barge) carrying oil or
hazardous substances as cargo or an onshore or offshore or offshore
facility which handles or stores oil or hazardous substances in bulk,
from which oil or a hazardous substance is discharged in violation of
subsection (b) of this section, alleges that such discharge was caused
solely by and act or omission of a third party, such owner or operator
shall pay to the United States Government the actual costs incurred
under subsection (c) for removal of such oil or substance and shall be
entitled by subrogation to all rights of the United States Government to
recover such costs from such third party under this subsection.".
(g) Section 311 (f) of the Federal Water Pollution Control Act // 33
USC 1321 // is amended by adding the following new paragraphs:
"(4) The costs of removal of oil or a hazaradous substance for which
the owner or operator of a vessel or onshore or offshore facility is
liable under subsection (f) of this section shall include any costs or
expenses incurred by the Federal Government or any State government in
the restoration or replacement of natural resources damaged or destroyed
as a result of a discharge of oil or a hazardous substance in violation
of subsection (b) of this section.
"(5) The President, or the authorized representative of any State,
shall act on behalf of the public as trustee of the natural resources to
recover for the costs of replacing or restoring such resources. Sums
recovered shall be used to restore, rehabilitate, or acquire the
equivalent of such natural resources by the appropriate agencies of the
Federal Government, or the State government.".
(h) The amendments made by paragraphs (5) and (6) of subsection (d)
of this section // 33 USC 1321 // shall take effect 180 days after the
date of enactment of the Clean Water Act of 1977.
(i) Section 311 of the Federal Water Pollution Control Act is amended
by adding at the end thereof the following new subsections:
"(q) The President is authorized to establish, with respect to any
class or category of onshore or offshore facilities, a maximum limit of
liability under subsections (f)(2) and (3) of this section of less than
$50,000,000, but not less than $8,000,000.
"(r) Nothing in this section shall be construed to impose, or
authorize the imposition of, any limitation on liability under the Outer
Continental Shelf Lands Act // 43 USC 1331 // or the Deepwater Port Act
of 1974." // 33 USC 1501 //
(1) No vessel subject to the increased amounts which result from the
amendments made by subsections (d)(2), (d)(3), and (d)(4) of this
section shall be required to establish any evidence of finanicial
responsibility under section 311 (p) of the Federal Water Pollution
Control Act // 33 USC 1321 // for such increased amounts before Octorber
1, 1978.
(k) Section 311 (a)(uu) of the Federal Water Pollution Control Act is
amended by inserting immediately after " United States" a comma and the
following: "and any facility of any kind which is subject to the
jurisdiction of the United States and is located in, on, or under any
other waters,".
(1) The first sentence of section 311 (k) of the Federal Water
Pollution Control Act is amended by striking out "not to exceed" and
inserting in lieu thereof the following: "such sums as may be necessary
to maintain such fund at a level of".
(m) Section 311 (i)(2) of the Federal Water Pollution Control Act is
amended by striking out the period at the end thereof and inserting in
lieu thereof a comma and the following: "or the Deepwater Port Act of
1974.".
Sec. 59. (a) Section 312 (a) (6) of the Federal Water Pollution
Control Act // 33 USC 1322 // is amended by adding before the semicolon
at the end thereof the following : "except that, with respect to
commercial vessels on the Great Lakes, such term shall include
graywater".
(b) Section 312 (a) of the Federal Water Pollution Control Act // 33
USC 1322 // is amended by striking out the period at the end thereof and
inserting in lieu thereof a semicolon and the following:
"(10) 'commercial vessels' means those vessels used in the
business of transporting property for compensation or hirek or in
transporting property in the business of the owner, lessee, or
operator of the vessel;
"(11) 'graywater' means galley, bath, and shower water."
(c) The next to the last sentence of section 312 (b)(1) of the
Federal Water Pollution Control Act is amended by inserting immediately
after " Such standards" the following: "and standards established under
subsection (c) (1) (B) of this section". The last sentence of such
section 312(b)(1) is amended by inserting immediately after "subsection"
the following: "and subsection (c) of this section".
(d) Section 312 (c) (1) of the Federal Water Pollution Control Act is
amended by inserting "(A)" after "(1)" and by adding at the end thereof
a new subparagraph (B) as follows:
"(B) The Administrator shall, with respect to commercial vessels on
the Great Lakes, establish standards which require at a minimum the
equivalent of secondary treatment as defined under section 304 (d) of
this Act. Such standards and regulations shall take effect for existing
vessels after such time as the Administrator determines to be reasonable
for the upgrading of marine sanitation devices to attain such
standard.".
(e) Section 312 (f)(4) of the Federal Water Pollution Control Act is
amended by inserting "(A)" after "(4)" and by adding at the end thereof
a new subparagraph (B) as follows:
"(B) Upon application by a State, the Administrator shall, by
regulation, establish a drinking water intake zone in any waters within
such State and prohibit the discharge of sewage from vessels within that
zone.".
Sec. 60. Section 313 of the Federal Water Pollution Control Act //
USC 1323 // is amended by inserting "(a)" immediately ater " Sec. 313."
and by adding at the end thereof the following new subsection:
"(b) (1) The Administrator shall coordinate with the head of each
department, agency, or instrumentality of the Federal Government having
jurisdiction over any property or facility utilizing federally owned
wastewater facilities to develop a program of cooperation for utilizing
wastewater control systems utilizing those innovative treatment
processes and tecniques for which guidelines have been promulgated under
section 304 (d) (3). Such program shall include an inventory of
property and facilities which could utilize such processes and
techniques.
"(2) Construction shall not be initiated for facilities for treatment
of wastewater at any Federal property or facility after September 30,
1979, if alternative methods for wastewater treatment at such property
or facility utilizing innovative treatment processes and techniques,
including but not limited to methods utilizing recycle and reuse
techniques and land treatment are not utilized, unless the life cycle
cost of the alternative treatment works exceeds the life cycle cost of
the most cost effective alternative by more than 15 per centum. The
Administrator may waive the application of this paragraph in any case
where the Administrator derermines it to be in the public interest, or
that compliance with this paragraph would interfere with the orderly
compliance with conditions of a permit issued pursuant to section 402 of
this Act.". // 33 USC 1342 //
Sec. 61. (a) Subsection (a) of section 313 of the Federal Water
Pollution Control Act is amended (1) by striking in the first sentence
thereof the words "shall comply with Federal, State, interstate, and
local requirements respecting control and abatement of pollution to the
same extent that any person is subject to such requirements, including
the payment of reasonable service charges." and inserting in lieu
thereof a comma and the words "and each officer, agent, or employee
thereof in the performance of his official duties, shall be subject to,
and comply with, all Federal, State, interstate, and local requirements,
administrative authority, and process and sanctions respecting the
control and abatement of water pollution in the same manner, and to the
same extent as any nongovernmental entity including the payment of
reasonable service charges. The preceding sentence shall apply (A) to
any requirement whether substantive or procedural (including any
recordkeeping or reporting requirement, any requirement respecting
permits and any other requirement, whatsoever), (B) to the exercise of
any Federal, State, or local administrative authority, and (C) to any
process and sanction, whether enforced in Federal, State, or local
courts or in any other manner. This subsection shall apply
notwithstanding any immunity of such agencies, officers, agents, or
employees under any law or rule of law. Nothing in this section shall
be construed to prevent any department, agency, or instrumentality of
the Federal Government, or any officer, agent, or employee thereof in
the performance of his official duties, from removing to the appropriate
Federal district court any proceeding to which the department, agency,
or instrumentality or officer, agent, or employee thereof is subject
pursuant to this section, and any such proceeding may be removed in
accordance with 28 U.S.C. 1441 et seq. No officer, agent, or employee
of the United States shall be personally liable for any civil penalty
arising from the performance of his official duties, for which he is not
otherwise liable, and the United States shall be liable only for those
civil penalties arising under Federal law or imposed by a State or local
court to enforce an order or the process of such court."; and (2) by
adding at the end of such subsection the following: " In addition to
any such exemption of a particular effuent source, the President may, if
he determines it to be in the paramount interest of the United States to
do so, issue regulations exempting from compliance with the requirements
of this section any weaponry, equipment, aircraft, vessels, vehicles, or
other classes or categories of property, and access to such property
which are owned or operated by the Armed Forces of the United States
(including the Coast Guard) or by the National Guard of any State and
which are uniquely military in nature. The President shall reconsider
the need for such regulations at three-year intervals.".
(b) Section 401(a) of the Federal Water Pollution Control Act // 33
USC 1341 // is amended by striking paragraph (6) and renumbering the
succeeding paragraph accordingly.
Sec. 62. (a) Section 314(b) of the Federal Water Pollution Control
Act // 33 USC 1324. // is amended by adding at the end thereof the
following: " The Administrator shall provide financial assistance to
States to prepare the identification and classification surveys required
in subsection (a)(1) of this section.".
(b) The first sentence of section 304(j) of the Federal Water
Pollution Control Act as redesignated by this Act is amended to read as
follows: " The Administrator shall issue information biennially on
methods, procedures, and processes as may be appropiate to restore and
enhance the qualityu of the Nation's publicly owned freshwater lakes.".
Sec. 63. Section 318 of the Federal Water Pollution Control Act //
33 USC 1328 // is amended to read as follows:
" Sec. 318. (a) The Administrator is authorized, after public
hearings, to permit the discharge of a specific pollutnat or pollutants
under controlled conditions associated with an approved aquaculture
project under Federal or State supervision pursuant to section 402 of
this Act.
"(b) The Administrator shall by regulation establish any procedures
and guidelines which the Administrator deems necessary to carry out this
section. Such regulations shall require the appliation to such
discharge of each criterion, factor, procedure, and requirement
applicable to a permit issued under section 402 of this title, as the
Administrator determines necessary to carry out the objective of this
Act.
"(c) Each State desiring to administer its own permit program within
its jurisdiction for discharge of a specific pollutant or pollutants
under controlled conditions associated with an approved aquaculture
project may do so if upon subsission of such program the Administrator
determines such program is adequate to carry out the objective of this
Act.".
Sec. 64. Section 401 of the Federal Water Pollution Control Act //
33 USC 1341 // is amended by inserting "303," after "302," in the phrase
"sections 301, 302, 306, and 307 of this Act", and in the phrase
"section 301, 302, 306, or 307 of this Act", each time these phrases
appear.
Sec. 65. (a) Section 402(d) of the Federal Water Pollution Control
Act // 33 USC 1342 // is amended by adding at the end thereof the
following new paragraph:
"(4) In any case where, after the date of enactment of this
paragraph, the Administrator, pursuant to paragraph (2) of this
subsection, objects to the issuance of a permit, on request of the
State, a public hearing shall be held by the Administrator on such
objection. If the State does not resubmit such permit revised to meet
such objection within 30 days after completion of the hearing, or, if no
hearing is requested within 90 days after the date of such objection,
the Administrator may issue the permit pursuant to subsection (a) of
this section for such source in accordance with the guidelines and
requirements of this Act.".
(b) Section 402(d)(2) of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new sentence: "
Whenever the Administrator objects to the issuance of a permit under
this paragraph such written objection shall contain a statement of the
reasons for such objection and the effluent limitations and conditions
which such permit would include if it were issued by the
Administrator.".
Sec. 66. Section 402 (h) of the Federal Water Pollution Control Act
// 33 USC 1342. // is amended by striking out the comma after "is
approved" and inserting the following: "or where the Administrator
determines pursuant to section 309 (a) of this Act that a State with an
approved program has not commenced appropriate enforcement action with
respect to such permit,".
Sec. 67. (a) (1) Subsection (a) of section 404 of the Federal Water
Pollution Control Act // 33 USC 1344 // is amended by striking out " The
Secretary of the Army, acting through the Chief of Engineers," and
inserting in l lieu thereof " The Secretary" and by inserting at the end
thereof the following new sentence: " Not later than the fifteenth day
after the date an applicant submits all the information required to
complete an application for apermit under this subsection, the Secretary
shall publish the notice required by this subsection.".
(2) Subsections (b) and (c) of such section 404 are amended by
striking out "the Sectetary of the Army" each place it appears and
inserting in lieu thereof in each such place "the Secretary".
(b) Such section 404 is further amended by adding at the end thereof
the following new subsections:
"(d) Tghe term ' Secretary' as used in this section means the
Secretary of the Army, acting through the Chief of Engineers.
"(e)(1) In carrying out his functions relating to the discharge of
dredged or fill material under this section, the Secretay may, after
notice and opportunity for public hearing, issue general permits on a
State, regional, or nationwide basis for any category of activities
involving discharges of dredged or fill material if the Secretary
determines that the activities in such category are similar in nature,
will cause only minimal adverse environmental effects when performed
separately, and will have only minimal cumulative adverse effect on the
environment. Any general permit issued under this subsection shall (A)
be based on the guidelines described in subsection (b)(1) of this
section, and (b) set forth the requirements and standards which shall
apply to any activity authorized by such general permit.
"(2) No general permit issued under this subsection shall be for a
period of more than five years after the date of its issuance and such
general permit may be revoked or modified by the Secretary if, after
opportunity for public hearing, the Secretary determines that the
activities authorized by such general permit have an adverse impact on
the environment or such activities are more appropriately authorized by
individual permits.
"(f)(1) Except as provided in paragraph (2) of this subsection, the
discharge of dredged or fill material--
"(A) from normal farming, silviculture, and ranching activities
such as plowing, seeding, cultivating, minor drainage, harvesting
for the production of food, fiber, and forest products or upland
soil and water conservation practices;
"(B) for the purpose of maintenance, including emergency
reconstruction of recently damaged parts, of currently serviceable
structures such as dikes, dams, levees, groins, riprap,
breakwaters, causeways, and bridge abutments or approaches, and
transportation structures;
"(C) for the purpose of construction or maintenance of farm or
stock ponds or irrigation ditches, or the maintenance of drainage
ditches;
"(D) for the purpose of construction of temporary sedimentation
basins on a construction site which does not include placement of
fill material into the navigable waters;
"(E) for the purpose of construction or maintenance of farm
roads or forest roads, or temporary roads for moving mining
equipment, where such roads are constructed and maintained, in
accordance with best management practices, to assure that flow and
circulation patterns and chemical and biological characteristics
of the navigable waters are not impaired, that the reach of the
navigable waters is not reduced, and that any adverse effect on
the aquatic environment will be otherwise minimized;
"(F) resulting from any activity with respect to which a State
has an approved program under section 208 (b)(4) which meets the
requirements of subparagraphs (B) and (C) of such section,
is not prohibited by or otherwise subject to regulation under this
section or section 301 (a) or 402 of this Act // 33 USC 1311, 1342. //
(except for effluent standards or prohibitions under section 307). // 33
USC 1317 //
"(2) Any discharge of dredged or fill material into the navigable
waters incidental to any activity having as its purpose bringing an area
of the navigable waters into a use to which it was not previously
subject, where the flow or circulation of navigable waters may be
impaired or the reach of such waters be reduced, shall be required to
have a permit under this section.
"(g)(1) The Governor of any State desiring to administer its own
individual and general permit program for the discharge of dredged or
fill material into the navigable waters (other than those waters which
are presently used, or are susceptible to use in their natural condition
or by reasonable improvement as a means to transport interstate or
foreign commerce shoreward to their ordinary high water mark, including
all waters which are subject to the ebb and flow of the tide shoreward
to their mean high water mark, or mean higher high water mark on the
west coast, including wetlands adjacent thereto) within its jurisdiction
may submit to the Administrator a full and complete description of thew
program it proposes to establish and administer under State law or under
an interstate compact. In additi such State shall submit a statement
from the attorney general (or the attorney for those State agencies
which have independent legal counsel), or from the chief legal officer
in the case of an interstate agency, that the laws of such State, or the
interstate compact as the case may be, provide adequate authority to
carry out the described program.
"(2) Not later than the tenth day after the date of the receipt of
program and statement submitted by any State under paragraph (1) of this
subsection, the Administrator shall provide copies of such program and
statement to the Secretary and Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service.
"(3) Not later than the ninetieth day after the date of the receipt
by the Administrator of the program and statement submitted by any
State, under paragraph (1) of this subsection, the Secretary and the
Secretary of the Interior, acting through the Director of the Unite
States Fish and Wildlife Service, shall submit any comments with respect
to such program and statement to the Administrator in writing.
"(h)(1) Not later than the one-hundred-twentieth day after the date
of the receipt by the Administrator of a program and statement submitted
by any State under paragraph (1) of this subsection, the Administrator
shall derermine, taking into account any comments submitted by the
Secretary and the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Servi pursuant to subsection (g)
of this section, whether such State has the following authority with
respect to the issuance of permits pursuant to such program:
"(A) To issue permits which--
// 33 USC 1317, 1343. //
"(B) To issue permits which apply, and assure compliance with,
all applicable requirements of section 308 of this Act,
// 33 USC 1318 //
or to inspect, monitor, enter, and require reports to at least the
same extent as required in section 308 of this Act.
"(C) To assure that the public, and other State the waters of
which may be affected, receive notice of each application for a
permit and to provide an opportunity for public hearing before a
ruling on each such application.
"(d) To assure that the Administrator receives notice of each
application (including a copy thereof) for a permit.
"(e) To assure that any State (other than the permitting
State), whose waters may be affected by the issuance of a permit
may submit written recommenddations to the permitting State (and
the Administrator) with respect to any permit application and, if
part of such written recommendations are not accepted by the
permitting State, that hte permitting State will notify such
affected State (and the Administrator ) in writing of its failure
to so accept such recommendations together with its reasons for so
doing.
"(F) To assure that no permit will be issued if, in the
judgment of the Secretary, after consultation with the Secretary
of the department in which the Coast Guard is operating, anchorage
and navigation of any of the navigable waters would be
substantially impaired thereby.
"(g) To abate violations of the permit or the permit program,
including civil and criminal penalties and other ways and means of
enforcement.
"(h) To assure continued coordination with Federal and
Federal-State water-related planning and review processes.
"(2) If, with respect to a State program submitted under subsection
(g)(1) of this section, the Administrator determinses that such State--
"(A) has the authority set forth in paragraph (1) of this
subsection, the * administrator shall approve the program and so
notify (i) such State and (ii) the Secretary, who upon subsequent
notification from such State that it is administering such
program, shall suspend the issuance of permits under subsections
(a) and (e) of this section for activities with respect to which a
permit may be issued pursuant to such State program; or
"(B) does not have the authority set forth in paragraph (1)[ of
this subsection, the Administrator shall so notify such State,
which notification shall also describe the revisions or
modifications necessary so that such State may resubmit such
program for a determination by the Administrator under this
subsection.
"(3) If the Administrator fails to make a determination with respect
to any program submitted by a State under subsection (g)(1) of this
section within one-hundred-twenty days after the date of the receipt of
such program, such program shall be deemed approved pursuant to
paragraph (2)(A) of this subsection and the Administrator shall so
notify such State and the Secretary who, upon subsequent notification
from such State that it is administering such program, shall suspend the
issuance of permits under subsection (a) and (e) of this section for
activities with respect to which a permit may be issued by such State.
"(4) After the Secretary receives notification from the Administrator
under paragraph (2) or (3) of thsi subsection that a State permit
program has been approved, the Secretary shall transfer any applications
for permits pending before the Secretary for activities with respect to
which a permit may be issued pursuant to such State program to such
State for appropriate action.
"(5) Upon notification from a State with a permit program approved
under this subsection that such State intends to administer and enforce
the terms and conditions of a general permit issued by the Secretary
under subsection (e) of this section with respect to activities in such
State to which such general permit applies, the Secretary shall suspend
the administration and enforcement of such general permit with respect
to such activities.
"(i) Whenever the Administrator determines after public hearing that
a State is not administering a program approved under section (h)(2)(A)
of this section, in accordance with thsi section, including but not
limited to, the guidelines established under subsection (b)(1) of this
section, the Administrator shall so notify the State, and, if
appropriate corrective action is not taken within a reasonable time, not
to exceed ninety days after the date of the receipt of such
notification, the Administrator shall (1) withdraw approval of such
program until the Administrator determines such corrective action has
been taken, and (2) notify the Secretary that the Secretary shall resume
the program for the issuance of permits under subsections (a) and (e) of
this section for activities with respect to which the State was issuing
permits and that such authority of the Secretary shall continue in
effect until such time as the Administrator makes the derermination
described in clause (1) of this subsection and such State again has an
approved program.
"(j) Each State which is administering a permit program pursuant to
this section shall transmit to the Administrator (1) a copy of each
permit application received by such State and provide notice to the
Administrator of every action related to the consideration of such
permit application, including each permit proposed to be issued by such
State, and (2) a copy of each proposed general permit which such State
intends to issue. Not later than the tenth day after the date of the
receipt of such permit application or such proposed general permit, the
Administrator shall provide copies of such permit application or such
proposed general permit to the Secretary and the Secretary of the
Interior, acting through the Director of the United States Fish and
Wildlife Service. If the Administrator intends to provide written
comments to such State with respect to such permit application or such
proposed general permit, he shall so notify such State not later than
the thirtieth day after the date of the receipt of such application or
such proposed general permit and provide such written comments to such
State, after consideration of any comments made in writing with respect
to such application or such proposed general permit by the Secretary and
the Secretary of the Interior, acting through the Director of the United
States Fish and Wildlife Service, not later than the ninetieth day after
the date of such receipt. If such State is so notified by the
Administrator, it shall not issue the proposed permit until after the
receipt of such comments from the Administrator, or after such ninetieth
day, whichever first occurs. Such State shall not issue such proposed
permit after such ninetieth day if it has received such written comments
in which the Administrator objects (A) to the issuance of such proposed
permit and such proposed permit is one that has been submitted to the
Administrator pursuant to subsection (h)(1)(E), or (B) to the issuance
of such proposed permit as being outside the requirements of this
section, including, but not limited to, the guidelines developed under
subsection (b)(1) of this section unless it modifies such proposed
permit in accordance with such comments. Whenever the Administrator
objects to the issuance of a permit under the preceding sentence such
written objection shall contain a statement of the reasons for such
objection and the conditions which such permit would include if it were
issued by the Administrator. In any case where the Administrator
objects to the issuance of a permit, on request of the State, a public
hearing shall be held by the Administrator on such objection. If the
State does not resubmit such permit revised to meet such objection
within 30 days after completion of the hearing or, if no hearing is
requested within 90 days after the date of such objection, the Secretary
may issue the permit pursuant to subsection (a) or (e) of this section,
as the case may be, for such source in accordance with the guidelines
and requirements of this Act.
"(k) In accordance with guidelines promulgated pursuant to subsection
(i) (2) of section 304 of this Act, the Administrator is authorized to
waive the requirements of subsection (j) of this section at the time of
the approval of a program pursuant to subsection (h)(2)( A) of this
section for any category (including any class, type, or size within such
category) of discharge within the State submitting such program.
"(1) The Administrator shall promulgate regulations establishing
categories of discharges which he derermines shall not be subject to the
requirements of subsection (j) of this section in any State with a
program approved pursuant to subsection (h)(2)(A) of this section. The
Administrator may distinguish among classes, types, and sizes within any
category of discharges.
"(m) Not later than the ninetieth day after the date on which the
Secretary notifies the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service that (1) an
application for a permit under subsection (a) of this section has been
received by the Secretary, or (2) the Secretary proposes to issue a
general permit under subsection (e) of this section, the Secretary of
the Interior, acting through the Director of the United States Fish and
Wildlife Service, shall submit any comments with respect to such
qpplication or such proposed general permit in writing to the Secretary.
"(n) Nothing in this section shall be construed to limit the
authority of the Administrator to take action pursuant to section 309 of
this Act. // 33 USC 1319. //
"(o) A copy of each permit application and each permit issued under
this section shall be available to the public. Such permit application
or portion thereof, shall further be available on request for the
purpose of reproduction.
"(p) Compliance with a permit issued pursuant to this section,
including any activity carried out pursuant to a general permit issued
under this section, shall be deemed compliance, for purposes of sections
309 and 505, with sections 301, 307 and 403. // 33 USC 1365, 1311, 1317,
1343. //
"(q) Not later than the one-hundred-eightieth day after the date of
enactment of this subsection, the Secretary shall enter into agreements
with the Administrator, the Secretaries of the Departments of
Agriculture, Commerce, Interior, and Transportation, and the heads of
other appropriate Federal agencies to minimize, to the maximum extent
practicable, duplication, needless paperwork, and delays in the issuance
of permits under this section. Such agreements shall be developed to
assure that, to the maximum extent practicable, a decision with respect
to an application for a permit under subsection (a) of this section will
be made not later than the ninetieth day after the date the notice for
such application is published under subsection (a) of this section.
"(r) The discharge of dredged or fill material as part of the
construction of a Federal project specifically authorized by Congress,
whether prior to or on or after the date of enactment of this
subsection, is not prohibited by or otherwise subject to regulation
under this section, or a State program approved under this section, or
section 301(a) or 402 of the Act // 33 USC 1342. // (except for
effluent standards or prohibitions under section 307), if information on
the effects of such discharge, including consideration of the guidelines
developed under subsection (b)(1) of this section, is included in an
environmental impact statement for such project pursuant to the National
Environmental Policy Act of 1969 // 42 USC 4321 // and such
environmental impact statement has been submitted to Congress before the
actual discharge of dredged or fill material in connection with the
construction of such project and prior to either authorization of such
project or an appropriation of funds for such construction.
"(s)(1) Whenever on the basis of any information available to him the
Secretary finds that any person is in violation of any condition or
limitation set forth in a permit issued by the Secdretary under this
section, the Secretary shall issue an order requiring such pperson to
comply with such condition or limitation, or the Secretary shall bring a
civil action in accordance with paragraph (3) of this subsection.
"(2) A copy of any order issued under this subsection shall be sent
immediately by the Secretary to the State in which the violation occurs
and other affected States. Any order issued under this subsection shall
be by personal service and shall state with reasonable specificity the
nature of the violation, specify a time for compliance, not to exceed
thirty days, which the Secretary determines is reasonable, taking into
account the seriousness of the violation and any good faith efforts to
comply with applicable requirements. In any case in which an order
under this subsection is issued to a corporation, a copy of such order
shall be served on any appropriate corporate officers.
"(3) The Secretary is authorized to commence a civil action for
appropriate relief, including a permanent or temporary injunction for
any violation for which he is authorized to issue a compliance order
under paragraph (1) of this subsection. Any action under this paragraph
may be brought in the district court of the United States for the
district in which the defendant is located or resides or is doing
business, and such court shall have jurisdiction to restrain such
violation and to require compliance. Notice of the commencement of such
action shall be given immediately to the appropriate State.
"(4)(A) Any person who willfully or negligently violates any
condition or limitation in a permit issued by the Secretary under this
section shall be punished by a fine of not less than $2,500 nor more
than $25,000 per day of violation, or by imprisonment for not more than
one year, or by both. If the conviction is for a violation committed
after a first conviction of such person under this paragraph, punishment
shall be by a fine of not more than $50,000 per day of violation, or by
imprisonment for not more than two years, or by both.
"(B) For the purposes of this paragraph, the term 'person' shall
mean, in addition to the definition contained in section 502 (5) of this
Act, // 33 USC 1362 // any resopnsible corporate officer.
"(5) Any person who violates any condition or limitation in a permit
issued by the Secretary under this section, and any person who violates
any order issued by the Secretary under paragraph (1) of this
subsection, shall be subject to a civil penalty not to exceed $10,000
per day of such violation.
"(t) Nothing in this section shall preclude or deny the right of any
State or interstate agency to control the discharge of dredged or fill
material in any portion of the navigable waters within the jurisdiction
of such State, including any activity of any Federal agency, and each
such agency shall comply with such State or interstate requirements both
substantive and procedural to control the discharge of dredged or fill
material to the same extent that any person is subject to such
requirements. This section shall not be construed as affecting or
impairing the authority of the Secretary to maintain navigation.".
(c)(1) Section 308 (a)(4) of the Federal Water Pollution Control Act
// 33 USC 1318. // is amended by inserting "404 (relating to State
permit programs)," immediately before "and 504".
(2) Section 309 of the Federal Water Pollution "control Act is
amended--
(A) in subsection (a) (1) thereof, by striking out "section
402" and inserting in lieu thereof "section 402 or 404";
(B) in subsection (a) (3) thereof, by inserting "or in a permit
issued under section 404 of this Act by a State" immediately after
" State";
(C) in the first sentence of subsection (c) (1) thereof, by
inserting "or in a permit issued under section 404 of this Act by
a State" immediately after "state"; and
(D) in subsection (d) thereof, by inserting "or in a permit
issued under section 404 of this Act by a State, " immediately
after " State,".
Sec. 68. (a) Section 405 (a) of the * federal Water Pollution Control
Act // 33 USC 1345. // is amended by striking out "under this section "
and inserting in lieu thereof "under section 402 of thsi Act".
(b) Section 405 (b) of the Federal Water Pollution Control Act is
amended by striking out the period at the end of the first sentence and
inserting in lieu thereof "and section 402 of this Act.".
(c) The last sentence of section 405 (b) of the Federal Water
Pollution Control Act is amended by striking out ", as the Administrator
determines necessary to carry out the objective of this Act".
(d) Section 405 (c) of the Federal Water Pollution Control Act is
amended by striking out "if upon submission" and all that follows down
through the period at the end thereof and inserting in lieu thereof the
following: "in accordance with accordance with section 402 of this
Act.".
Sec. 69. Section 504 of the Federal Water Pollution Control Act //
33 USC 1364 // amended by inserting "(a)" immediately after " Sec.
504." and by adding at the end thereof the following:
"(b)(1) The Administrator is authorized to provide assistance in
emergencies caused by the release into the environment of any pollutant
or other contamianant including, but not limited to, those which
present, or may reasonably be anticipated to present, an imminent and
substantial danger to the public health or welfare.
"(2) There is hereby established a contingency fund to carry out
paragraph (1) of this subsection and there is authorized to be
appropriated under this paragraph shall remain available until expended.
There is authorized to be appropriated such sums as are necessary to
maintain that portion of such fund available for emergency assistance at
a $10,000,000 level.
"(3) The Administrator shall submit a report annually to each House
of Congress on his activities in carrying out this subsection.
"(4) This subsection shall not be construed to relieve the
Administrator of any requirement imposed on the Administrator by any
other Federal law. Nothing contained in this subsection shall (A)
affect any final action taken under such other Federal law, or (B) in
any way affect the extent to which human health or the environment is to
be protected under such other Federal law.
"(5) The Administrator is authorized to provide emergency assistance
under this subsection whenever the Administrator determines--
"(A) such assistance is immediately required to prevent, limit,
or mitigate the emergency;
"(B) there is an immediate significant risk to the public
health or welfare and hte environment; and
"(C) such assistance will not otherwise be provided on a timely
basis.
"(6) Emergency assistance provided under this subsection may include
(A) measures to abate and remedy the emergency, (B) the performance of
research on the effects of an emergency on public health, welfare, and
the environment, and (C) providing officers and employees of the agency
to administer, at the site of any emergency, the authority under this or
other Federal law to minimize and mitigate the adverse effects of the
emergency.
"(7) The Administrator shall prepare and publish a contingency plan
for responding to emergencies under this subsection. Such contingency
plan shall include actions and responsibilities comparable to those
specified in section 311 (c) (2) of this Act.
"(8) If emergency assistance is provided under this subsection in an
emergency caused by the discharge of any pollutant subject to section
311 of this Act, the cost of such assistance shall, at the discretionof
the Administrator, be a cost of removal for the purposes of subsections
(f) and (g) of such section, and added to any liability which may be
imposed under subsection (b)(2) of such section.
"(9) The cost of any emergency assistance provided under this
subsection in an emergency caused by the discharge of a pollutant in
violation of any requirement of section 301, 306, 307, 402, or 403 of
this Act // 33 USC 1311, 1316, 1317, 1342, 1343. // shall be
recoverable from the owner or operator of the source of the discharge in
an action brought under section 309 of this Act." // 33 USC 1319 //
Sec. 70. Section 516 of the Federal Water Pollution Control Act //
33 USC 1375 // is amended by adding at the end thereof a new subsection
as follows:
"(c) The Administrator shall submit to the Congress by October 1,
1978, a report on the status of combined sewer overflows in municipal
treatment works operations. The report shall include (1) the status of
any projects funded under this Act to address combined sewer overflows
(2) a listing by State of combined sewer overflow needs identified in
the 1977 State priority listings, (3) an estimate for each applicable
municipality of the number of years necessary, assuming an annual
authorization and appropriation for the construction grants program of
$5,000,000,000, to correct combined sewer overflow problems, (4) an
analysis using representative municipalities faced with major combined
sewer overflow needs, of the annual discharges, (5) an analysis of the
Administrator for legislation to address the problem of combined sewer
overflows, including whether a separate authorization and grant program
should be established by the Congress to address combined sewer
overflows.".
Sec. 71. Section 516 of the Federal Water Pollution Control Act is
amended by adding at the end thereof a new subsection as follows:
"(d) The Administrator shall submit to the Congress by October 1,
1978, a report on the status of the use of municipal secondary effluent
and sludge for agricultural and other purposes that utilize the nutrient
value of treated wastewater effluent. The report shall include (1) a
summary of results of research and developedment programs, grants, and
contracts carried out by the Environmental Protection Agency pursuant to
sections 104 and 105 of this Act, // 33 USC 1254 // regarding
alternatives to disposal, landfill, or incineration of secondary
effluent of sludge, (2) an estimate of the amount of sludge generated by
public treatment works and its disposition, including an estimate of
annual energy costs to incinerate sludge, (3) an analysis of current
technologies for the utilization, reprocessing, and other uses of sludge
to utilize the nutrient value of sludge, (4) legal, institutional,
public health, economic, and other impediments to the greater
utilization of treated sludge, and (5) any recommendations of the
Administrator for legislation to encourage or require the expanded
utilization of sludge for agricultural and other purposes. In carrying
out this subsection, the Administrator shall consult with, and use the
services of the Tennessee Valley Authority and other departments,
agencies, and instrumentalities of the United States, to the extent it
is appropriate to do so."
Sec. 72. Section 516 of the Federal Water Pollution Control Act. //
33 USC 1375 // is amended by adding at the end thereof the following new
subsection:
"(e) The Administrator, in cooperation with the States, including
water pollution control agencies, and other water pollution control
planning agencies, and water supply and water resources agencies of the
States and the United States shall submit to Congress, within two years
of the date of enactment of this section, a report with recommendations
for legislation on a program to require coordination between water
supply and wastewater control plans as a condition to grants for
construction of treatment works under this Act. No such report shall be
submitted except after opportunity for public hearings on such proposed
report.".
Sec. 73. Within 90 days after the date of enactment of this Act, the
Administrator shall review effluent guideline promulgated prior to the
date of enactment of this Act // 33 USC 1314 // which is final or
interim final (other than those applicable to industrial categories
listed in table 2 of Committee Print Numbered 95 - 30 of the Committee
on Public Works and Transportation of the House of Representatives) and
which applies to those pollutants identified pursuant to section 304
(a)(4) of the Federal Water Pollution Control Act. The Administrator
shall review every guideline applicable to industrial categories listed
in such table 2 on or before July 18 1980. Upon completion of each such
review the Administrator is authorized to make such adjustments in any
such guidelines as mayn be necessary to carry out section 304 (b) (4) of
such Act. The Administrator shall puablish the results of each such
review, including, with respect to each such guideline, the
determination to adjust or not to adjust such guideline. Any such
determination by the Administrator shall be final except that if, on
judicial review in accordance with section 509 of such Act, // 33 USC
1369 // it is determined that the Administrator either did not comply
with the requirements of this section or the determination of the
Administrator was based on arbitrary and capricious action in applying
section 304 (b)(4) of such Act to such guideline, the Administrator
shall make a further review and redetermination of any such guideline.
Sec. 74. The Administrator of the Environmental Protection Agency
shall conduct a study to examine the geographical, hydrological and
biological characteristics of marine waters to determine the effects of
seafood processes which dispose of untreated natural wastes into such
waters. In addition, such study shall examine technologies which may be
used in such processes to facilitate the use of the nutrients in these
wqstes or to reduce the discharge of such wastes into the marine
environment. The results of such study shall be submitted to Congress
not later than January 1, 1979.
Sec. 75. // 33 USC 1284. // (a) The Administrator of the
Environmental Protection Agency (hereafter in this section referred to
as the " Administrator") shall study the efficiency of, and the need
for, the payment by industrial users of any treatment works of that
portion of the cost of construction of such treatment works (as
determined by the Administrator) which is allocable to the treatment of
industrial wastes to the extent attributable to the Federal share of the
cost of construction. Such study shall include, but not be limited to,
an analysis of the impact of such a system of payment upon rural
communities and on industries in economically distressed areas or areas
of high unemployment. No later than the last day of the twelfth month
which begins after the date of enactment of this section, the
Administrator shall submit a report to the Congress setting forth the
results of such study.
(b) During the period beginning on the date of enactment of this
section and ending on the last day of the eighteenth month which begins
after the date of enactment of this section (both dates inclusive), no
officer or employee of the Federal Government shall enforce, or require
any recipient of a grant under section 201 (g)(1) of the Federal Water
Pollution Control Act(33 U.S.C. 1284) to enforce, any provision in an
application for a grant or in a grant agreement under such section which
requires any payments by industrial users pursuant to section 204 (b)
(1) (B) of such Act.
(c) For purposes of this section, the terms "industrial user" and
"treatment works" have the same meaning given such terms in the Federal
Water Pollution Control Act. // 33 USC 1251 //
(d) Any payment by an industrial user which, but for subsection (b)
of this section, was due and payable during the eighteen-month period
described in such subsection shall after such eighteen-month period be
paid in accordance with the applicable provisions of the Federal Water
Pollution Control Act in equal annual installments prorated over the
remaining useful life of the treatment works with respect to which they
are required to be paid.
Sec. 76. // 33 USC 1344 // The Secretary of the Army, acting through
the Chief of Engineers, is authorized to delegate to the State of
Washington upon its request all or any part of those functions vested in
such Secretary by section 404 of the Federal Water Pollution Control Act
// 33 USC 1344. // and by sections 9, 10, and 13 of the Act of March 3,
1899, // 33 USC 401, 403, 407. // relating to Lake Chelan, Washington,
if the Secretary determines (1) that such State has the authority,
responsibility, and capability to carry out such functions, and (2) that
such delegation is in the public interest. Such delegation shall be
subject to such terms and conditions as the Secretary deems necessary,
including, but not limited to, suspension and revocation for cause of
such delegation.
Sec. 77. The Administrator of the Environmental Protection Agency
shall reimburse the city of Boston, Massachusetts, an amount equal to 75
per centum, but not to exceed $15,000,000, of the cost of constructing a
modern correctional detention facility on a site in such city, on
condition tht such city convey to the Commonwealth of Massachusetts all
of its right, title, and interest in and to that real property owned by
such city on Deer Island which is the site of the existing correctional
detention facility for use by such Commonwealth as the site for a
publicly owned treatment works providing secondary treatment. There is
authorized to be appropriated $15,000,000 to carry out the purposes of
this section.
Sec. 78. // 33 USC 1281a // Notwithstanding any other provision of
law, in any case where the Administrator of the Environmental Protection
Agency finds that the total of all grants made under section 201 of the
Federal Water Pollution Control Act // 33 USC 1281. // for the same
treatment works exceeds the actual construction costs for such treatment
works (as defined in that Act) such excess amount shall be a grant of
the Federal share (as defined in that Act) of the cost of construction
of a sewage collection system if--
(1) such sewage collection system was constructed as part of
the same total treatment system as the treatment works for which
such section 201 grants were approved, and
(2) an application for assistance for the construction of such
sewage collection system was filed in accordance with section 702
of the Housing and Urban Development Act of 1965 (42 U.S.C. 3102)
before all such section 201 grants were made and such section 702
grant could not be approved due to lack of funding under such
section 702.
The total of all grants for sewage collection systems made under this
section shall not exceed $2,800,000.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 139 (Comm. on Public Works and
Transportation) and 95 - 830 (Comm. of Conference).
SENATE REPORT No. 95 - 370 accompanying S. 1952 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Apr. 5, considered and passed House.
Aug. 4, considered and passed Senate, amended, in lieu of S.
1952.
Dec. 15, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 53:
Dec. 28, Presidential statement.
PUBLIC LAW 95-216, 91 STAT. 1509, SOCIAL Security AMENDMENTS of 1977.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act, with the
following table of contents, may be cited as the " Social Security
Amendments of 1977". // 42 USC 1305 note. //
Sec. 101. Adjustments in tax rates.
Sec. 102. Allocations to disability insurance trust fund.
Sec. 103. Increases in earnings base.
Sec. 104. Effective date.
Sec. 201. Computation of primary insurance amount.
Sec. 202. Maximum benefits.
Sec. 203. Increase in old-age benefit amounts for delayed
retirement.
Sec. 204. Widow's and widower's insurance benefits in cases of
delayed retirement.
Sec. 205. Conforming amendments.
Sec. 206. Effective date.
Sec. 301. Liberalization of earnings test for individuals age 65 and
over.
Sec. 302. Repeal of earnings limitation for individuals age 70 and
over. Sec. 303. Elimination of monthly earnings test.
Sec. 311. Study of universal coverage
Sec. 312. Coverage of nonprofit organizations which failed to file
waiver certificates. Sec. 313. Exclusion from coverage of certain
linited partnership income.
Sec. 314. Employees of members of related groups of corporations.
Sec. 315. Tax on employers of induviduals who receive income from
tips.
Sec. 316. Revocation of exemption from coverage by clergymen.
Sec. 317. International agreements with respect to social security
benefits.
Sec. 318. Modification of agreement with Illinois to provide
coverage for certain policemen and firemen.
Sec. 319. Coverage for policemen and firemen in Mississippi.
Sec. 320. Coverage under divided retirement system for public
employees in New Jersey.
Sec. 321. Coverage of service under Wisconsin retirement system.
Sec. 331. Actuarial reduction of benefit increases to be applied as
of time of orginal entitlement.
Sec. 332. Limitation on retroactive benefits.
Sec. 333. Delivery of benefit checks.
Sec. 334. Reduced benefits for spouses receiving Government
pensions.
Sec. 335. Substantial gainful activity in case of blind individuals.
Sec. 336. Remarriage of widows and widowers.
Sec. 337. Duration-of-marriage requirement.
Sec. 341. Study of proposals to eliminate depencency and sex
discrimination under the social security program.
Sec. 351. Annual crediting of quarters of coverage.
Sec. 352. Adjustment in amount required for a quarter of coverage.
Sec. 353. Technical and conforming amendments.
Sec. 355. Deduction of tax from wages.
Sec. 356. Technical and conforming amendments.
Sec. 358. Computation of employee annuities.
Sec. 361. Establishment of Commission.
Sec. 371. Appointment of hearing examiners.
Sec. 372. Report of Advisory Council on Social Security.
Sec. 401. Fiscal relief for States and political subdivisions with
respect to costs of welfare programs.
Sec. 402. Incentive adjustments for quality control in Federal
financial participation in aid to families with dependent children
programs.
Sec. 403. Access to wage information.
Sec. 404. State demonstration projects.
Sec. 405. Reimbursement for erroneous State supplementary payments.
Sec. 501. Coverage under medicare of certain power-operated
whellchairs.
Sec. 502. Federal Election Campaign Act amendments.
Sec. 101. (a)(1) Section 3101(a) of the Internal Revenue Code of
1954 // 26 USC 3101. // (relating to rate of tax on employees for
purposes of old-age, survivors, and disability insurance) is amended by
striking out paragraphs (1) and (2) and inserting in lieu thereof the
following:
"(1) with respect to wages received during the calendar years
1974 through 1977, the rate shall be 4.95 percent;
"(2) with respect to wages received during the calendar year
1978, the rate shall be 5.05 percent;
"(3) with respect to wages received during the calendar years
1979 and 1980, the rate shall be 5.08 percent;
"(4) with respect to wages received during the calendar year
1981, the rate shall be 5.35 percent;
"(5) with respect to wages received during the calendar years
1982 through 1984, the rate shall be 5.40 percent;
"(6) with respect to wages received during the calendar years
1985 through 1989, the rate shall be 5.70 percent; and
"(7) with respect to wages received after December 31, 1989,
the rate shall be 6.20 percent.".
(2) Section 3111(a) of such Code // 26 USC 3111. // (relating to
rate of tax on employers for purposes of old-age, survivors, and
disability insurance) is amended by striking out paragraphs (1) and (2)
and inserting in lieu thereof the following:
"(1) with respect to wages paid during the calendar years 1974
through 1977, the rate shall be 4.95 percent;
"(2) with respect to wages paid during the calendar year 1978,
the rate shall be 5.05 percent;
"(3) with respect to wages paid during the calendar years 1979
and 1980, the rate shall be 5.08 percent;
"(4) with respect to wages paid during the calendar year 1981,
the rate shall be 5.35 percent;
"(5) with respect to wages paid during the calendar years 1982
through 1984,the rate shall be 5.40 percent; "(6) with respect to
wages paid during the calendar years 1985 through 1989, the rate
shall be 5.70 percent; and "(7) with respect to wages paid after
December 31, 1989. the rate shall be 6.20 percent.".
(3) Section 1401(a) of Code // 26 USC 1401. // (relating to rate of
tax on self-employment income for purposes of old-age, survivors, and
disability insurance) is amended by striking out "a tax" and all that
follows and inserting in liew thereof the following: "a tax as follows:
"(1) in the case of any taxable year beginning before January
1, 1978, the tax shall be equal to 7.0 percent of the amount of
the self-employment income for such taxable year; "(2) in the
case of any taxable year beginning after December 31, 1977, and
before January 1, 1979, the tax shall be equal to 7.10 percent of
the amount of the self-employment income for such taxable year;
"(3) in the case of any taxable year beginning after December
31, 1978, and before January 1, 1981, the tax shall be equal to
7.05 percent of the amount of the self-employment income for such
taxable year;
"(4) in the case of any taxable year beginning after December
31, 1980, and before January 1, 1982, the shall be equal to 8.00
percent of the amount of the self-employnent income for such
taxable year;
"(5) in the case of any taxable year beginning after December
31, 1981, and before January 1, 1985, the tax shall be equal to
8.05 percent of the amount of the self-employment income for such
taxable year;
"(6) in the case of any taxable year beginning after December
31, 1984, and before Jamuary 1, 1990, the tax shall be equal to
8.55 percent of the amount of the self-employment income for such
taxable year; and
"(7) in the case of amy taxable year beginning after December
31, 1989, the tax shall be equal to 9.30 percent of the amount of
the self-employment income for such taxable year.".
(b)(1) Section 3101(b) of such Code // 26 USC 3101. // (relating to
rate of tax on employees for purposes of hospital insurance) is amended
by striking out paragraphs (1) through (4) and inserting in lieu thereof
the following:
"(1) with respect to wages received during the calendar years
1974 through 1977, the rate shall be 0.90 percent;
"(2) with respect to wages received during the calendar year
1978, the rate shall be 1.00 percent;
"(3) with respct to wages received during the calendar years
1979 and 1980, the rate shall be 1.05 percent;
"(4) with respect to wages received during the calendar years
1981 through 1984, the rate shall be 1.30 percent;
"(5) with respect to wages received during the calendar year
1985, the rate shall be 1.35 percent; and
"(6) with respect to wages received after December 31, 1985,
the rate shall be 1.45 percent.".
(2) Section 3111(b) of such Code // 26 USC 3111. // (relating to
rate of tax on employers for purposes of hospital insurance) is amended
by striking out paragraphs (1) through (4) and inserting in lieu thereof
the following:
"(1) with respect to wages paid during the calendar years 1974
through 1977, the rate shall be 0.90 percent;
"(2) with respect to wages paid during the calendar year 1978,
the rate shall be 1.00 percent;
"(3) with respect to wages paid during the calendar years 1979
and 1980, the rate shall be 1.05 percent;
"(4) with respect to wages paid during the calendar years 1981
through 1984, the rate shall be 1.30 percent;
"(5) with respect to wages paid during the canlendar year 1985,
the rate shall be 1.35 percent; and
"(6) with respect to wages paid after December 31, 1985, the
rate shall be 1.45 percent.".
(3) Section 1401(b) of such Code // 26 USC 1401. // (relating to tax
on self-employment income for purposes of hospital insurance) is amended
by striking out paragraphs (1) through (4) and inserting in lieu thereof
the following:
"(1) in the case of any taxable year beginning after December
31, 1973, and before January 1, 1978, the tax shall be equal to
0.90 percent of the amount of the self-employment income for such
taxable year;
"(2) in the case of any taxable year beginning after December
31, 1977, and before January 1, 1979, the tax shall be equal to
1.00 percent of the amount of the self-emplyment income for such
taxable year;
"(3) in the case of any taxable year beginning after December
31, 1978, and before January 1, 1981, the tax shall be equal to
1.05 percent of the amount of the self-employment income for such
taxable year;
"(4) in the case of any taxable year beginning after December
31, 1980, and before January 1, 1985, the tax shall be equal to
1.30 percent of the amount of the self-employment income for such
taxable year;
"(5) in the case of any taxable year beginning after Decmber
31, 1984, and before January 1, 1986, the tax shall be equal to
1.35 percent of the amount of the self-employment income for such
taxable year; and
"(6) in the case of any taxable year beginning after December
31, 1985, the tgax shall be equal to 1.45 percent of the amount of
the self-employment income for such taxable year.".
Sec. 102. (a)(1) Section 201(b)(1) of the Social Security Act // 42
USC 401. // is amended by striking out clauses (g) through (J) and
inserting in lieu thereof the following: (G) 1.55 per centum of the
wages (as so defined) paid after December 31, 1977, and before January
1, 1979, and so reported, (H) 1.50 per centum of the wages (as so
defined) paid after December 31, 1978, and before January 1, 1981, and
so reported, (I) 1.65 per centum of the wages (as so defined) paid after
December 31, 1980, and before January 1, 1985, and so reported, (J) 1.90
per centum of the wages (as so defined) paid after December 31, 1984,
and before January 1,1990, and so reported, and (K) 2.20 per centum of
the wages (as so defined) paid after December 31, 1989, and so
reported.".
(2) Section 201 (b)(2) of such Act is amended by striking out clauses
(G) through (J) and inserting in lieu thereof the following: "(G) 1.090
per centum of the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31, 1977, and
before January 1, 1979, (H)1.0400 per centum of the amount of
self-employment income (as so defined) so reported for any taxable year
beginning after December 31, 1978, and January 1, 1981, (I) 1.2375 per
centum of the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31, 1980, and
before January 1, 1985, (J)1.4250 per centum of the amount of
self-employment income (as so defined) so reported for any taxable year
beginning after December 31, 1984, and before January 1, 1990, and (K)
1.650 per centum of the amount of self-employment income (as so defined)
so reported for any taxable year beginning after December 31, 1989,".
Sec. 103. (a)(1) Section 230(a) of the Social Security Act // 42 USC
430. // is amended by inserting "or (c)" after "determined under
subsection (b)".
(2) Section 230(b) of such Act is amended by striking out "shall be"
in the matter preceding paragraph (1) and inserting in lieu thereof
"shall (subject to subsection (c)) be".
(b) Section 230(c) of such Act is amended--
(1) by inserting "(1)" immediately before "the 'contribution
and benefit base'"; and
(2) by striking out "section." and inserting in lieu thereof
the following:
"section, and (2) the 'contribution and benefit base' with respect to
remuneration paid (and taxable years beginning)--
"( in 1978 shall be $17,700,
"(B) in 1979 shall be $22,900,
"(C) in 1980 shall be $25,900, and
"(D) in 1981 shall be $29,700.
For purposes of determining under subsection (b) the 'contribution and
benefit base' with respect to remunerarion paid (and taxable years
beginning) in 1982 and subesquent years, the dollar amounts specified in
clause (2) of the preceding sentence shall be considered to have
resulted form the application of such subsection (b) and to be the
amount derermined (with respect to the years involved) under that
subsection. For purposes of determining employer tax liability under
section 3221(a) of the Internal Revenue Code of 1954, // 26 USC 3221. /
for purposes of determining the portion of the employee representative
tax liability under section 3211(a) of such Code // 26 USC 3211. //
which results from the application of the 9.5 percent rate specified
therein, and for purposes of computing average monthly compensation
under, section 3(j) of the Railroad Retirement Act of 1974, // 45 USC
231b. // except with respect to annuity amounts determined under
section 3(a) or (3)(f)(3) of such Act, clause (2) and the preceding
sentence of this subsection shall be disregarded.".
(c)(1) Section 230 of such Act // 42 USC 430. // is further amended
by adding at the end thereof the following new subsection:
"(d) Notwithstanding any other provision of law, the contribution and
benefit base determined under this section for any calendar year after
1976 for purposes of section 4022(b)(3)(B) of Public Law 93--406, // 29
USC 1322. // with respict to any plan, shall be the contribution and
benefit base that would have been determined for such year if this
section as in effect immediately prior to the enactment of the Social
Security Amendments of 1977 had remained in effect without change.".
(2) The amendment made by paragraph (1) // 42 USC 430 note. // shall
apply with respect to plan terminations occurring after the date of the
enactment of this Act.
(d)(1) The second sentence of section 215(i)(2)n D)(v) of such Act //
42 USC 415. // is amended by striking out "is equal to one-twelfth of
the new contribution and benefit base" and inserting in lieu thereof "is
equal to, or exceeds by less than $5, one-twelfth of the new
contribution and benefit base".
(2) The third sentence of section 215(i)(2)(D)(v) of such Act is
amended by striking out all that follows "clause (iv)" and inserting in
lieu thereof "plus 20 percent of the excess of the second figure in the
last line of column III as extended under the preceding sentence over
such second figure for the calendar year in which the table of benefits
is revised.".
Sec. 104. // 26 USC 1401 // The amendments made by this title shall
apply with respect to remuneration paid or received, and taxable years
beginning, after 1977.
Sec. 201. (a) Section 215(a) of the Social Security Act // 42 USC
415. // is amended to read as follows:
"(a)(1)(A) The primary insurance amount of an individual shall
(except as otherwise proveded in this section( be ewual to the sum of--
"(i) 90 percent of the individusl's average indexed monthly
earnings (determined under subsection (b) to the extent that such
earnings do not exceed the amount established for purposes of this
clause by subparagraph (B),
"(ii)32 percent ot the individual's average indexed monthly
earnings to the extent that such earnings exceed the amount
established for purposes of clause (i) but do not exceed the
amount established for purposes of this clause by subparagraph
(B), and
"(iii)15 percent of the individual's average indexed monthly
earnings to the extent that such earnings exceed the amount
established for purposes of clause (ii),
rounded in accordance with subsection (g), and thereafter increased as
provided in subsection (i).
"(B)(i) For individuals who initially become eligible for old-age or
disability insurance benefits, or who die (before becoming eligible of
such benefits), in the calendar year 1979, the amount established for
purposes of clause (i) and (ii) of subparagraph (A) shall be $180 and
$1,085, respectively.
"(ii) For individuals who initially becone eligible for old-age or
disability insurance benefits, or who die (before beconing eligible for
such benefits), in any calendar year after 1979, each of the amounts so
so established shall equal the product of the corresponding amount
established with respect to the calendar year 1979 under clause (i) of
this subparagraph and the quotient obtained by dividing--,
"(I) the average of the total wages (as defined in regulations
of the Secretary and computed without regard to the limitations
specified in section 209(a))
// 42 USC 409. //
reported to the Secretary of the Treasury or his delegate for the
second calendar year preceding the calendar year for which the
determination is made, by
"(II) the average of the total wages (as so defined and
computed) reported to the Secretary of the Treasury or his
delegate for the calendar year 1977.
"(iii) Each amount established under clause (ii) for any calendar
year shall be be rounded to the nearest $1, except that any amounts so
established which is a multiple of $0.50 but not of $1 shall be rounded
to the next higher $1.
"(C)(i) No primary insurance amount computed under subparagraph (A)
may be less than--,
"(I) the dollar amount set forth on the first line of column IV
in the table of benefits contained in (or deemed to be contained
in) this subsection as in effect in December 1978, rounded (if not
a multiple of $1) to the next higher multiple of $1, or
"(Ii) an amount equal to $11.50 multiplied by the individual's
years of coverage in excess of 10, or the increased amount
determined for purposes of this subdivision under subsection (i),
whichever is greater. No increase under subsection (i), except as
provided in subsection (i)(2)(A), shalll apply to the dollar amount
specified in subdivision (I) of this clause. with respect to any
individual means the number (not exceeding 30) with respecto to any
individual means the number (not exceeding 30) equal to the sum of (1)
the number not exceeding 14 and disregrading any fraction) dtermined by
dividing (a) the total of the wages credited to such individual
(including wages deemed to be paid prior to 1951 to such individual
under section 217, compensation under the Railroad Retirement Act of
1937 // 45 USC 228a. // prior to 1951 which is creditable to such
individual pursuant ot this title, and wages deemed to be paid prior to
1951 to such individual under section 231) // 42 USC 431. // for years
after 1936 and before 1951 by (b)$900, plus (II) the number equal to the
number of years after 1950 each of which is aomputation base year
(within the meaning of subsection (b)(2)(B)(ii) and in each of which he
is credited with wages (including wages deemed to be paid to such
individual under section 217, compensation under the Railroad Retirement
Act of 1937 or 1974 // 45 USC 228a, // which is creditable to such
individual pursuant to this title, and wages deemed to be paid to such
individual under section 229) and self-employment income of not less
than 25 percent of the maximum amount which, pursuant to subsection (e),
may be counted for such year, or of not less than 25 percent of the
maximum amount shich could be so counted for such year (in the case of a
year after 1977) if section 230 as in effect immediately prior to the
enactment of the Social Security Amendments of 1977 had remained in
effict without change.
"(D) In each calendar year after 1978 the Secretary shall publish in
the Federal Register, on or before Novermber 1, the formula for
computing benefits under this paragraph and for adjusting wages and
self-employment income under subsection (b) (3) in the case of an
individual who becomes eligible for an old-age insurance benefit or (if
earlier) becomes eligible for a disability insurance benefit or dies, in
the following year, and the average of the total wages (as described in
subparagraph (B)(ii)(I) on which that formula is based. With the
initial publication required by this subparagraph, the Secretary shall
also publish in the Federal Register the average of the total wages (as
so described) for each calendar year afrer 1950.
"(2)(A) A year shall not be counted as the year of an individual's
death or eligibility for purposes of this subsection or subsection (i)
in any case where such individual was entitled to a disability insurance
benefit for any of the 12 months immediately poeceding the month of such
death or elighibility (but there shall be counted instead the year of
the individual's eligibility for the disability insurance benefit or
benefits to which he was entitled during such 12 months).
"(B) In the case of an individual who was entitled to a disability
insurance benefit for any of the 12 months before the month in which he
became entitled to an old-age insurance benefit, became reentitled to a
disability insurance benefit, or died, the primary insurance amount for
determining any benefit attributable to that entitlement, reentitlement,
or death is the greater of--,
"(i) the primary insurance amount upon which such disability
insurance benefit was based, increased by the amount of each
general benefit increase (as defined in subsection (i)(3)), and
each increase provided under subsection (i)(2), that would have
applied to such primary insurance amount had the individual
remained entitled to such disability insurance benefit until the
month in which he became so entitled or reentitled or died, or
"(ii) the amount computed under paragraph (1)(C).
"(C) In the case of an individual who was entitled to a disability
insurance benefit for any month, and with respect to whom a primary
insurance amount is required to be computed at any time after the close
of the period of the individual's disability (whether because of such
individual's subsequent entitlement of old-age insurance benefits or to
a disability insurance benefit based upon a subsequent period of
disability, or because of such individual's death), the primary
insurance amount so computed may in no case be less than the primary
insurance amount with respect to which such former disability insurance
benefit was most recently determined.
"(3)(A) Paragraph (1) applies only to an individual who was not
eligible for an old-age insurance benefit prior to January 1979 and who
in that or any succeeding month--,
"(i) becomes eligible for such a benefit,
"(ii) becomes eligible for a disability insurance benefit, or
"(iii) dies,
and except for subparagraph (C)(i)(II) thereof) it applies to every such
individual except ot the extent otherwise provided by paragraph (4).
"(B) For purposes of this title, an individual is deemed to be
eligible--,
"(i) for old-age insurance benefits, for months beginning with
the month in which he attains age 62, or
"(ii) for disability insurance benefits, for months beginning
with the month in which his period of disability began as provided
under section 216(i)(2)(C),
// 42 USC 416. // except as provided in paragraph (2)(A) in cases where
fewer than 12 months have elapsed since the termination of a prior
period of disability.
"(4) Paragraph (1) (except for subparagraph (C)(i)(II) thereof) does
not apply to the computation or recomputation of primary insurance
amount for--.
"(A) an individual who was eligible for a disability insurance
benefit for a month prior to January 1979 unless, prior to the
month in which occurs the event described in clause (i), (ii), or
(iii) of paragraph (3)(A), there occurs a period of at least 12
consecutive months for which he was not entitled to a disability
insurance benefits, or
"(B) an individual who had wages or self-employment income credited
for one or more year prior to 1979, and who was not eligible for an
old-age or disability insurance benefit, and did not die, prior to
January 979, if in the year for which the computation or recommendation
would be made the individual's primary insurance amount would be greater
if computed or recomputed--,
"(i) under section 215(a) as in effect in December 1978, for
purposes of old-age insurance benefits in the case of an
individual who becones eligible for such benefits prior to 1984,
or
"(ii) as provided by section 215(d), in the case of an
individual to whom such section applies.
In deternining whether an individual's primary insurance amount would be
greater if computed or recomputed as provided in subparagraph (B), (I)
the table of benefits in effect in December 1978 shall be applied
without regard to any increases in that table which may become effective
(in accordance with subsection(i)(4)) for years after 1978 (subject to
clause (iii) of subsection (i)(i)(A) but without regard to clauses (iv)
and (v) thereof) and (II) such individual's average monthly wage shall
be computed as provided by subsection (b) (4).
"(5) For purposes of computing the primary insurance amount (after
December 1978) of an individual to whom paragraph (1) does not apply
(other than an individual described in paragraph (4)(B)), this section
as in effect in December 1978 shall remain in effect, except that,
effective for January 1979, the dollar amount specified in paragraph (3)
of subsection (a) shall be increased to $11.50. The table for
determining primary insurance amounts and maximum family benefits
contained in this section in December 1978 shall be revised as provided
by subsection (i) for each year after 1978.".
(b) Section 215(b) of such Act // 42 USC 415. // is amended to read
as follows:
" Average Indexed Monthly Earnings; Average Monthly Wage
"(b)(1) An individual's average indexed monthly eaenings shall be
equal to the quotient obtained by dividing--,
"(A) the total (after adjustment under paragraph (3) of his
wages paid in and self-employment income credited to his benefit
computation years (determined under paragraph (2),by
"(B) the number of months in those years.
"(2)(A) The number of an individual's benefit computation years
equals the number of elapsed years, reduced by five, except that the
number of an individual's benefit computation years may not be less than
two.
"(B) For purposes of this subsection with respect to any individual--
"(i) the term 'benefit computation base years, equal in number
to the number determined under subparagraph (A), for which the
total of such individual's wages and self-employment income, after
adjustment under paragraph (3), is the largest;
"(ii) in the case of an individual entitled to old-age
insurance benefits, the year in which occurred (whether by reason
of section 202(j)(1) or otherwise) the first month of that
entitlement; or
"(II) in the case of an individual who has died (without having
become entitled to old-age insurance benefits), the year
succeeding the of his death; except that such term excludes any
calendar year entirely included in a period of disability; and
"(iii) the term 'number of elapsed years' means (except as
otherwise provided by section 104(j)(2) of the Social Security
Amendments of 1972)
// 42 USC 414 note. //
the number of calendar years after 1950 (or, if later, the year in
which the individual attained age 21 and before the year in which
the individual died, or, if it occurred earlier (but after 1960),
the year in which he attained age 62; except that such term
excludes any calendar year any part of which is included in a
period of disability.
"(3)(A) Except as provided by subparagraph (B), the wages paid in and
self-employment income credited to each of an individual's computation
base years for purposes of the selection therefrom of benefit
computation years under paragraph (2) shall be deemed to be equal to the
product of--,
"(i) the wages and self-employment income paid in or credited
to such year (as determined without regard to this subparagraph),
and
"(ii) the quotient obtained by dividing--,
"(I) the average of the total wages (as defined in regulations
of the Secretary and computed without regard to the limitations
specified in section 209(a))
// 42 USC 409. //
reported to the Secretary of the Treasury of his delegate for the
second calendar year (after 1976) preceding the earliest of the
year of the individual's death, eligibility for an old-age
insurance benefit, or eligibility for a disability insurance
benefit (except that the year in which the individual dies, or
becomes eligible, shall not be considered as such year if the
individual was entitled to disability insurance benefits for any
month in the 12-month period immediately preceding such death or
eligibility, but there shall be counted instead the year of the
individual's eligibility for the disability insurance benefit to
which he was entitled in such 12 -month period), by
"(II) the average of the total wages (as so defined and
computed) reported to the Secretary of the Treasury or his
delegate for the computation base year for which the determination
is made.
"(B) Wages paid in or self-employment income credited to an
individual's computation base year which--,
"(i) occurs after the second calendar year specified in
subparagraph (A)(ii)(I), or
"(ii) is a year treated under subsection (f)(2)(C) as though it
were the last year of the period specified in paragraph (2)
(B)(ii),
shall be available for use in determining an individual's benefit
computation years, but without applying subparagraph (A) of this
paragraph
"(4) For purposes of determining the average monthly wage of an
individual whose primary insurance amount is computed (after 1978) under
section 215(a) or 215(d) as in effect (except with respect to the table
contained therein) in December 1978, by reason of subsection (a) (4)(B),
this subsection as in effect in December 1978 shall remain in effect,
except that paragraph (2)(C) (as then in effect) shall be deemed to
provide that 'computation base years' include only calendar years in the
period after 1950(or 1936,if applicable) and prior to the year in which
occurred the firsr month for which the individual was eligible (as
defined in subsection(a)(3)(B) as in effect in January 1979) for an
old-age or disability insurance benefit, or, if earlier, the year in
which he died. Any calendar year all of which is included in a period
of disability shall not be included as a computation base year for such
purposes.".
(c) Section 215(c) of such Act // 42 USC 415. // is amended to read
as follows:
"(c) This subsection as in effect in December 1978 shall remain in
effect with respect to an individual to whom subsection (a)(2) does not
apply by reason to the individual's eligibility for an old-age or
disability insurance benefit, or the individual's death, prior to
1979.".
(d)(1) The matter in the text of section 215(d) of such Act which
precedes paragraph (1)(C) is amended to read as follows:
"(d)(1) For purposes of column I of the table appearing in subsection
(a), as that subsection was in effecrt in December 1977, an individual's
primary insurance benefit shall be computed as follows:
"(A) The individual's average monthly wage shall be determined
as provided in subsection (b), as in effect in December 1977 (but
without regard to paragraph (4) thereof), except that for purposes
of paragraphs (2)(C) and (3) of that subsection (as so in effect
1936 shall be used instead of 1950.
"(B) For purposes of subparagraphs (B) and (C) of subsection
(b)(2) (as so in effect)--
"(i) the total wages prior to 1951 (as defined in subparagraph
(C) of this paragraph) of an individual who attained age 21 after
1936 and prior to 1950 shall be divided by the number of years
(hereafter in this subparagraph referred to as the 'divisor')
elapsing after the year in which the individual attained age 20
and prior to 1951; and
"(ii) the total wages prior to 1951 (as defined in subparagraph
(C) of this paragraph) of an individual who attained age 21 after
1949 shall be divided by the number of years (hereinafter in this
subparagraph referred to as the 'divisor') elapsing after 1949 and
prior to 1951. The quotient so obtained shall be deemed to be the
individual's wages credited to each of the years which were used
in computing the amount of the divisor, except that--,
"(iii) if the quotient exceeds $3,000, only $3,000 shall be
deemed to be the individual's wages for each of the years which
were used in computing the amount of the divisorm, and the
reaminder of the individual's total wages prior to 1951 (I) if
less than $3,000, shall be deemed credited to the year immediately
preceding the earliest year used in computing the amount of the
divisor, or (IIE if $3,000 or more, shall be deemed credited, in
$3,000 increments, to the year immediately preceding the earliest
year used in computing the amount of the divisor and to each year
consecutively preceding that year, with any remainder less than
$3,000 being credited to the year immediately preceding the
earliest year to which a full $3,000 increment was credited; and
"(iv) no more than $42,000 may be taken into account, for
purposes of this subparagraph, as total wages after 1936 and prior
to 1951.".
(2) Section 215(d)(1)(D) of such Act // 42 USC 415. // is amended to
read as follows:
"(D) The individual's primary insurance benefit shall be 40
percent of the first $50 of his average monthly wage as computed
under this subsection, plus 10 percent of the next $200 of his
average monthly wage, increased by 1 percent for each increment
year. The number of increment years is the number, not more than
14 nor less than 4, that is equal to the individual's total wages
prior to 1951 divided by $1,650 (disregarding any fraction).".
(3) Section 215(d)(3) of such Act is amended (A) by striking out "in
the case of an individual" and all that follows and inserting in lieu
thereof the following ing case of an individual who had a period of
disability which began prior to 1951, but only if the primary insurance
amount resulting therefrom is higher than the primary insurance amount
resulting from the application of this section (as amended by the Social
Security Amendments of 1967) and section 220.". // 42 USC 420. //
(4) Section 215(d) of such Act is further amended by adding at the
end thereof the following new paragraph:
"(4) The provisions of this subsection as in effect in December 1977
shall be applicable to individuals who become eligible for old-age or
disability insurance benefits or die prior to 1978.".
(e) Section 215(e) of such Act is amended--,
(1) by striking out "average monthly wage" each place it
appears and inserting in lieu thereof "average indexed monthly
earnings or, in the case of an individual whose primary insurance
amount is computed under section 215(a)
// 42 USC 415. //
as in effect prior to January 1979, average monthly wage," and
(2) by inserting immediately before "of (A)" in paragraph (1)
the following: "(before the application, in the case of average
indexed monthly earnings, of subsection (b)(3)(A)". (f)(1) Section
215(f)(2) of this Act is amended to read as
follows:
"(2)(A) If an individual has wage or self-employment income for a
year after 1978 for any part of which he is entitled to old-age or
disability insurance benefits, the Secretary shall, at such time or
times and within such period as he may by regulation prescribe,
recompute the individual's primary insurance account for that year.
(B) For the purpose of applying subraragraph (A) of subsection (a)(
1) to the average indexed monthly earnings of an individual to whom that
subsection applies and who receives a recomputation under this
paragraph, there shall be used, in lieu of the amounts establushed by
subsection (a)(1)(B) for purposes of clauses (i) and (ii) of subsection
(a)(1)(A), the amounts so established that were (or, in the case of an
individual described in subsection (a)(4)(B), would have been) used in
the computation of such individual's primary insurance amount prior to
the application of this subsection.
"(C) A recomputation of any individual's primary insurance amount
under this paragraph shall be made as provided in subsection (a)(1) as
though the year with respect to which it is made is the last year of the
period specified in subsection (b)(2)(B)(ii); and subsection (b)( 3)(A)
shall apply with respect to any such recomputation as it applied in the
computation of such individual's primary insurance amount prior to the
application of this subsection.
"(D) A recomputation under this paragraph with respect to any year
shall be effective--
"(i) in the case of an individual who did not die in that year,
for monthly benefits beginning with benefits for January of the
following year; or
"(ii) in the case of an individual who died in that year, for
monthly benefits beginning with benefits for the month in which he
died.".
(2) Section 215(f)(3) of such Act is repealed.
(3) Section 215(f)(4) of such Act // 42 USC 415. // is amended to
read as follows:
"(4) A recomputation shall be effective under this subsection only if
it increases the primary insurance amount by at least $1.".
(4) Section 215(f) of such Act is further amended by adding at the
end thereof the following new paragraphs:
"(7) This subsection as in effect in December 1978 shall continue to
apply to the recomputation of a primary insurance amount computed under
subsection (a) or (d) as in effect (without regard to the table in
subsection (a)) in that month, and, where appropriate, under subsection
(d) as in effect in December 1977. For purposes of recomputing a
primary insurance amount determined under subsection (a) or (d) (as so
in effect) in the case of an individual to whom those subsections apply
by reason of subsection (a)(4)(B) as in effect after December 1978, no
remuneration shall be taken into account for the year in which the
individual initially become eligible for an old-age of disability
insurance benefit or died, or for any year thereafter.
(8) The Secretary shall recompute the primary insurance amounts
applicable to beneficiaries whose benefits are based on a primary
insurance amount which was computed under subsection (a)(3) effective
prior to January 1979, or would have been so computed if the dollar
amount specified therein were $11.50. Such recomputation shall be
effective January 1979, and shall include the effect of the increase in
the dollar amount provided by subsection (a)(1)(C)(i)(II). Such primary
insurance amount shall be deemed to be provided under such section for
purposes of subsection (i).".
(g)(1) Section 215(i)(2)(A)(ii) of such Act is amended to read as
follows:
"(ii) If the Secretary determines that the base quarter in any year
is a cost-of-living computation quarter, he shall, effective with the
month of June of that year as provided in subparagraph (B), increase--,
"(I) the benefit amount to which individuals are entitled for
that month under section 227 or 228,
// 42 USC 427, 428. //
"(II) the primary insurance amount of each other individual on
which benefit entitlement is based under this title (including a
primary insurance amount determined under subsection (a) (1)(C)(
i)(I), but subject to the provisions of such subsection (a) (1)(
C)(i) and clauses (iv) and (v) of this subparagraph), and
"(III) the amount of total monthly benefits based on any
primary insurance amount which is permitted under section 203 (and
such total shall be inreased, unless otherwise so increased
under another provision of this title, at the same time as such
primary insurance amount) or, in the case of a primary insurance
amount computed under subsection (a) as in effect (without regard
to the table contained therein) prior to January 1979, the amount
to which the beneficiaries may be entitled under section 203 as in
effect after December 1978. 203(a)(6) and (7) as in effect after
December 1978.
The increase shall be derived by multiplying each of the amounts
described in subdivisions (I), (II), and (III) (including each of those
amounts as previously increased under this subparagraph) by the same
percentage (rounded to the nearest one-tenth of 1 percent) as the
percentage by which the Consumer Price Index for that cost-of-living
computation quarter exceeds such index for the most recent prior
calendar quarter which was a base quarter under paragraph (1)(A) (ii)
or, if later, the most recent cost-of-living computation quarter under
paragraph (1)(B); and any amount so increased that is not a multiple of
$0.10 shall be increased to the next higher multiple of $0.10. Any
increase under this subsection in a primary insurance amount determined
under subparagraph (C)(i)(II) of subsection (a)(1) shall be applied
after the intial determination of such primary insurance amount under
that subparagraph (with the amount of such increase, in the case of an
individual who becomes eligible for old-age or disability insurance
benefits or dies a calendar year after 1979, being determined from the
range of possible primary insurance amounts published by the Secretary
under the last sentence of subparagraph (D)).".
(2) Section 215(i)(2)(A) of such Act // 42 USC 415. // is amended by
adding at the end thereof the following new clauses:
"(iii) In the case of kan individual who becomes eligible for an
old-age or disability insurance benefit, or who dies prior to becoming
so eligible, in a year in which there occurs an increase provided under
clause (ii), the individual's primary insurance amount (without regard
to the time of entitlement to that benefit) shall be increased (unless
otherwise so increased under another provision of this title and, with
respect to ap primary insurance amount determined under subsection (a)(
1)(C)(i)(I), subject to the provisions of subsection (a)(1) (C)(i) and
clauses (iv) of this subparagraph) by the amount of that increase and
subsequent applicable increases, but only with respect to benefits
payabled for months after May of that year.
"(iv)(I) In the case of an individual who is entitled to an old-age
insurance benefit that is based on a primary insurance amount determined
under subsection (a)(1)(C)(i)(I), such primary insurance amount shall
not be increased under this subsection for any year before the year in
which occurs the first month with respect to which there is payable to
such individual all or some part of such benefit after application of
the provisions of section 203 relating to deductions on account of work,
or, if earlier, the year in which he attains age 65.
" II) In the case of an individual who is entitled to an insurance
benefit under subsection (e) or (f) of section 202 // 42 USC 402. //
that is based on a primary insurance amount determined under subsection
(a)(1)(C) (i)(I), such primary insurance amount shall not be increased
under this subsection for any year (except as provided in subsivision
(III) before the year in which occurs the first month with respect to
which there is payable to such individual all or some part of such
benefit after application of the provisions of section 203 relating to
deductions on account of work, or, if earlier, the year in which he
attains age 65.
"(III) Any increase under this subsection which would otherwise be
applied to a primary insurance amount except for the provisions of
subdivision (II) of this clause, shall apply to such primary insurance
amount if, during any month of the year in which the increase occurs,
any individual is entitled to a benefit under suvsection (d), (g), or
(h) of section 202 based on such primary insurance amount, and such
primary insurance amount is based upon the wages and self-ememployment
income of a deceased individual.
"(Iv) No primary insurance amount determined under subsection (a)(
1)(C)(i)(I) shall be increased under this subsection for any year during
which no individual was entitled to any benefit based thereon under
section 202 or 223 for any month of such year.
"(V) In any case in which an increase under this subsection which
occurs during any year applies to an primary insurance amount determined
under subsection (a)(1)(C)(i)(I), and such an increase occuring in a
later does not apply such primary insurance amount on account of the
provisions of this clause, any such inctease which occurs in a later
which is applicabe to such primary insurance amount shall be based upon
such primary insurance amount as previously increased under this
subsection. "(v) Notwithstanding clause (iv), no primary insurance
amount shall be less than that provided under section 215(a)(1) without
regard to subparagraph (C)(i)(I) thereof,as subsequently increased by
applicable increases under this section.".
(3) Section 215(i)(2)(D) of such Act (as amended by section 103(d) of
this Act) is further amended by striking out all that follows the first
sentence and inserting in lieu thereof the following: " He shall also
publish in the Federal Register at that time (i) a revision of the range
of the primary insurance amounts which are possible after the
application of this subsection based on the dollar amount specified in
subparagraph ( (i)(II) of subsection (a)(1)(with such revised primary
insurance amounts constituting the increased amounts determined for
purposes of such subparagraph (C)(i)(II) under this subsection), or
specified in subsection (a)(3) as in effect prior to 1979, and (ii) a
revision of the range of maximum familty benefits which correspond to
such primary insurance amounts (with such maximum benefits being
effective notwithstanding section 203(a) except for paragraph (3)(B)
thereof (or paragraph (2) thereof as in effect prior to 1979.".
(4) Section 215(i) of such Act is further amended by adding at the
end thereif the following new paragraph:
"(4) This subsection as in effect in December 1978 shall continue to
apply to subsection (a) and (d), as then in effect, for purposes of
computing the primary insurance amount of an individual to whom
subsection (a), as in effect after December 1978, does not apply
(including an individual to whom subsection (a) does not apply in any
year by reason of paragraph (4)(B) of that subsection (but the
application of this subsection in such cases shall be modified by the
application of subdivision (I) in the last sentence of paragraph (4) of
that subsection). For purposes of computing primary insurance amounts
and maximum family benefits (other than primary insurance amounts and
maximum family benefits for individuals to whom such paragraph (4)(B)
applies), the Secretary shall publish in the Federal Register revisions
of the table of benefits contained in subsection (a), as in effect in
December 1978, as required by paragraph (2)(D) of this subsection as
then in effect.".
Sec. 202. The text of section 203(a) of the Social Security Act //
42 USC 403. // is amended to read as follows:
"(a)(1) In case of an individual whose primary insurance amount has
been computed or recomputed under sction 215(a)(1) or (4), or section
215(d), as in effect after December 1978, the total monthly benefits to
which beneficiaries may be entitled under section 202 or 223 for a month
on the basis of the wages and self-employment income of such individual
shall, except as provided by paragraph (3) (but prior to any increases
resulting from the application of paragraph (2)( (ii)(III) of section
215(i), be reduced as necessary so as not to exceed--
"(A) 150 percent of such individual's primary insurance amount
to the extent that it does mot exceed the amount established with
respect to this subparagraph by paragraph (2),
"(B) 272 percent of such individual's primary insurance amount
to the extent that it exceeds the amount established with respect
to subparaghraph ( but does mot exceed the amount established with
respect to this subparagraph by paragraph(2),
"(C) 134 percent of such individual's primary insurnace amount
to the extent that it exceeds the amount established with respect
to subparagraph (B) but does not exceedthe amount established with
respect to this subparagraph by paragraph (2) and
"(D) 175 percent of such individual's primary insurance amount
to the extent that it exceeds the established with respect to
subparagraph (C).
Any such amount that is not a multiple of $0.10 shall be increased to to
next higher multiple of $0.10.
"(2)(A) for individuals who initially become eligible for old-age or
disability insurance benefits, or who die (before becoming so eligible
for such benefits), in the calendar year 1979, the amounts established
with respect to subparagraphs (A), (B), and (C) of paragraph (1) shall
be $230, $332, and $433, respectively.
"(B) For individuals who initially become eligible for old-age or
disability insurance benefits, or who die (before becoming so eligible
for such benefits), in any calendar year after 1979, each of the amounts
so established shall equal the product of the corresponding amount
established for the calendar year 1979 by subparagraph (A) of this
paragraph and the quotient obtained under subparagraph (B)(ii) of
section 215(a)(1), with such product being rounded in the manner
prescribed by section 215(a)(1)(B)(iii).
"(C) In each calendar year after 1978 the Secretary shall publish in
the Federal Register, on or before November 1, the formula which (except
as provided in section 215(i)(2)(D) is to be applicable under this
paragraph to individuals who become eligible for old-age or disability
insurance benefits, or who die (before becoming eligible for such
benefits), in the following calendar year.
"(D) A year shall not be counted as the year of an individual's death
or eligibility for purposes of this paragraph (7) in any case where
such individual was entitled to a disability insurance benefit for any
of the 12 months immediately preceding the month of such death or
eligibility (but there shall be counted instead the year of the
individual's eligibility for the disability insurance benefits to which
he was entitled during such 12 months).
"(3)(A) When an individual who is entitled to benefits on the basis
of the wages and self-employment income of any insured individual and to
whom this subsection applies would (but for the provisions of section
202(k)(2)(A)) // 42 USC 402. // be entitled to child's insurance
benefits for a month on the basis of the wages and self-employment
income of one or more other insured individuals, the total monthly
benefits to which all beneficiaries are entitled on the bases of such
wages and self-employment income shall not be reduced under this
subsection to less than the smaller of--
"(i) the sum of the maximum amounts of benefits payable on the
basis of the wages and self-employment income of all such insured
individuals, or
"(ii) an amount equal to the product of 1.75 and the primary
insurance amount thart would be computed under section 215(a) (1)
for thart month with respect to average indexed monthly earnings
equal to one-twelfth of the contribution and benefit determined
for that year under section 230.
"(B) When two or more persons were entitled (without the application
of section 202(j)(1) and section 223(b) to monthly benefits under
section202 or 223 // 42 USC 423. // for January 1971 or any prior month
on the basis of the wages and self-employment incone of such insured
individual and the provisions of this subsection as in effect for any
such month were applicable in determing the benefit amount of any
persons on the basis of such wages and self-employment income, the total
of benefits for any month after January 1971 shall not be reduced to
less than the largest of--
"(i) the amount determined under this subsection without regard
to this subparagraph,
"(ii) the largest amount which has been determined for any
month under this subsection for persons entitled to monthly
benefits on the basis of such insured individual's wages and
self-employment incomes, or
"(iii) if any persons are entitled to benefits on the basis of
such wages and self-employment income for the month before the
effective month (after September 1972) of a general benefit
increase under this title (as defined in section 215(i)(3))
// 42 USC 415. //
or a benefit increase under the provisions of section 215(i), an
amout equal to the sum of amounts derived by multiplying the
benefit amount determined under this title (excluding any part
thereof determined under section 202(w) for the month before such
effective month (including this subsection, but without the
application of section 222(b), section 202(q),
// 42 USC 422. //
and subsections (b), (c), and (d) of this section), for each such
person for such months, by percentage equal to the percentage of
the increase provided under such benefit increase (with any such
increased amount which is not a multiple of $0.10 being rounded to
the next higher multiple of $0.10); but in any such case (I)
subparagraph (A) of this paragraph shall not be applied to such
benefits after the application of clause (ii) or (iii), and (II)
if section 202(k)(2)n A)
// 42 USC 402. //
was applicable in the case of any such benefits for a month, and
ceases to apply for a month after such month, the provisions of
clause (ii) and (iii) shall be applied, for and after the month in
which section 202(k)(2)(A) ceases to apply, as though subparagraph
(A) of this paragraph had not been applicable to such toal of
benefits for the last month for which clause (ii) or (iii) was
applicable.
"(C) When any of such individuals is entitled to monthly benefits as
a divorced spouse under section 202 (b) or (c) or as a surviving
divorced spouse under section 202(e) or (f) for any monthm, the benefit
to which he or she is entitled on the basis of the wages and
self-employment income of such insured individual for such month shall
be determined without regard to this subsection, and the benefits of all
other individuals who are entitled for such month to monthly benefit
under section 202 on the wages and self-employment income of such
insured individual shall be determined as if no such divorced spouse of
surviving divorced spouse were entitled to benefits for such month.
"(4) In any case in which benefits are reduced pursuant to the
preceding provisions of this subsection, the reduction shall be made
after any deductions under this section and after any deductions under
section 222 (b): // 42 USC 422. // Whenever a reduction is made under
this subsection in the total of monthly benefits to which individuals
are entitled for any any month on the basis of the wages and
self-employment income of an insured individual, each such benefit other
than the old-age or disability insurance* benefit shall be
proportionatel decreased.
"(5) Notwithstanding any other provision of law, when--.
"(A) two or more persons are entitled to monthly benefits for a
particular month on the basis of the wages and self-employment
income of an insured individual and (for such particular month)
the provisions of this subsection are applicable to such monthly
benefits, and
" B) such individual's primary insurance amount is increased
for the following month under any provision of this title,
then the total of monthly benefits for all persons ont the basis of such
wages and self-employment income for such particular month, and
determined under the provisions of this subsection, shall for purposes
of determing the total monthly benefits for all persons on the basis of
such wages and self-employment income for months subsequent to such
particular month be considered to have been increased by the smallest
amount that would have been required in order to assure that the total
of monthly benefits payable on the basis of such wages and
self-employment income for any such subsequent month will not be less
(after the application of the other provisions of this subsection and
section 202(q) than the total of monthly benefits (after the application
of the other provisions of this subsection and section 202 (q) payable
on the basis of such wages and self-employment income for such
particular month.
"(6) In the case of any individual who is entitled for any month to
benefits based upon the primary insurance amounts of two or more insured
individuals, one or more of which priamry insurance amounts were
determined under section215(a) or 215(d) as in effect (without regard to
the table contained therein) prior to January 1979 and one or more of
which primary insurance amounts were determined under section 215(a) (1)
or (4), or section 215(d), as in effect after December 1978, the total
benefits payable to that individual and all other individuals entitled
to benefits for that month based upon those primary insurance amounts
shall be reduced to an amount equal to the product of 1.75 and the
primary insurance amount that would be computed under section 215( a)(1)
for that month with respect to average indexed monthly earnings equal to
one-twelfth of the contribution and benefits base determined under
section 230 for the year in which that month occurs.
"(7) Subject to paragraph (6), this subsection as in effect in
December 1978 shall remain in effect with respect to a primary insurance
amount computed under section 215(a) or (d), as in effect (without
regard to the table contained therein) in December 1978, except that a
primary insurance amount so computed with respect to an dindividual who
first becomes eligible for an old-age or disability insurance benefit,
or dies (before becoming eligible for such a benefit), after December
1978, shall instead be governed by this section as in effect after
December 1978.".
Sec.203 Section 202(w)(1) of Social Security Act // 42 USC 402. //
is amended--
(1) by striking out "if the first month" and all that follows
down through "to such individual" in the matter preceding
subparagraph (A) and inserting in lieu thereof " The amount of an
old-age insurance benefit (other than a benefit based on a primary
insurance amount determined under section 215(a)(3)) which is
payable witjout regard to this subsection to an individual"; and
(2) by inserting after "such amount," in subparagraph (A) the
following: "or, in the case of an individual who first becomes
eligible for an old-age insurance benefit after December 1978,
one-quarter of 1 percent of such amount,".
Sec. 204. (a) Section 202(e)(2)(A) of the Social Security Act is
amended (1) by inserting "(as determined after application of the
following sentence)" after "priamry insurance amount",and (2) by adding
at the end thereof the following new sentence: " If such deceased
individual was (or upon application would have been) entitled to an
old-age insurance benefit which was increased (or subject to being
increased) on account of delayed retirement under the provisions of
subsection (w), then, for purposes of this subsection such individual's
primary insurance amount, if less than the old-age insurance benefit
(increased, where applicable, under section 215(f) (5) or (6) // 42 USC
415. // and under section 215(i) as if such individual were still alive
in the case of an individual who has died) which he was receiving (or
would upon application have received) for the month prior to the month
in which he died, shall be deemed to be equal to such old-age insurance
benefit, and (notwithstanding the provisions of paragraph (3) of such
subsection (w) the number of increment months shall include any month in
the month of the calendar year in which he died, prior to the month in
which he died, which satisfy the conditions in paragraph (2) of such
subsection (w).".
(b) Section 202(e)(2)(B)(i) of such Act // 42 USC 402. // is amended
by inserting and section 215(f)(5) or (6) // 42 USC 415. // were
applied, where applicable," after "living".
(c) Section 202(f)(3)(A) of such Act // 42 USC 402. // is amended
(1) by inserting "(as determined after application of the following
sentence)" after "primary insurance amount" and (2) by adding at the end
thereof the following new sentence: " If such deceased individual was
(or upon application would have been) entitled to an old-age insurance
benefit which was increased (or subject to being increased) on account
of delayed retirement under the provisions of subsection (w), then, for
purposes of this subsection, such individual's primary insurance amount,
if less than the old-age insurance benefit (increased, where applicable,
under secion 215(f) (5) or (6) // 42 USC 415. // and under section
215(i) as if such individual were still alive in the case of an
individual who has died) which she was receiving (or would upon
application have received) for the month prior to the month in which she
died, shall be deemed to be equal to such old-age insurance benefit, and
(notwithstanding the provisions of paragraph (3) of such subsection (w))
the number of increment months shall include any month in the months of
the calendar year in which she died, prior to the month in which she
died, which satisfy the conditions in paragraph (2) of such subsection
(w).".
(d) Section 202(f)(3)(B)(i) of such Act // 42 USC 402. // is amended
by inserting "and section 215 (f)(5) or (6) were applied, where
applicable,"after "living."
(e) Section 203(a) of such Act (as amended by section 202 of this
Act) is further amended by adding at the end thereof the following new
parargraph:
"(8) When--
"(A) one or more persons were entitled (without the application
of section 202(j)(1) to monthly benefits under section 202 for May
1978 on the basis of the wages and self-employment income of an
individual,
"(B) the benefit of at least one such person for June 1978 is
increased by reason of the amendments made by section 204 of the
Social Security Amendments of 1977; and
"(C) the total amount of benefits to which all such persons are
entitled under such section 202
// 42 USC 402. //
are reduced under the provisions of this subsection (or would be
so reduced except for the first sentence of section 203(a)(4),
then the amount of the benefit to which each such person is entitled for
months after May 1978 shall be increased (after such reductions are made
under this subsection) to the amount such benefits would have been if
the benefit of the person or persons referred to in subparagraph (B) had
not been so increased.".
Sec. 205. (a) Section 202(m)(1) of the Social Security Act // 42 USC
402. // is amended to read as follows:
"(1) In any case in which an individual is entitled to a monthly
benefit under this section on the basis of a primary insurance amount
computed under section 215(a) or (d), as in effect after December 1978,
on the basis of the wages and self-employment income of a deceased
individual for any month and no other person is (without the application
of subsection (j)(1) entitled to a monthly benefit under this section
for that month on the basis of such wages and self-employment income,
the individual's benefit amount for that month, prior to reduction under
subsection (k)(3), shall not be less than that provided by subparagraph
(C)(i)(I) of section 215(a)(1) and increased under section 215(i) for
months after May of the year in which the insured individual died as
though such benefit were a primary insurance amount."
(b) Section 202(w) of such Act (as amended by section 203 of this Act
is further amended--,
(1) by inserting after "section 215(a)(3)" in paragraph (1) (in
the matter preceding subparagraph (A) the following: "as in
effect in December 1978 or section 215(a)(1)(C)(i)(II) as in
effect thereafter";
(2) by inserting "as in effect in December 1978, or section 215
(a)(1)(C)(i)(II) as in effect thereafter," after paragraph (3) of
section 215(a)" in paragraph (5); and
(3) by inserting "(whether before, in, or after December 1978)"
after "determined under section 215(a)" in paragraph (5).
(c) Section 217(b)(1) of such Act // 42 USC 417. // is amended by
inserting "as in effect in December 1978" after "section 215(c)" each
place it appears and after "section 215(d)".
(d) Section 224(a) of such Act is amended by inserting "(determined
under section 215(b) as in effect prior to January 1979)" after "(A) the
average monthly wage" in the sentence immediately following paragraph
(8).
(e) Section 1839(c)(3)(B) of such Act // 42 USC 1395r. // is amended
to read as follows:
"(B) the monthly premium rate most recently promulgated by the
Secretary under this paragraph, increased by a percentage
determined as follows: The Secretary shall ascertain the primary
insurance amount computed under section 215(a)(1), based upon
average indexed monthly earnings of $900, that applied to
individuals who became eligible for and entitled to old-age
insurance benefits on May 1 of the year of the promulgation. He
shall increase the monthly premium rate by the same percentage by
which that primary insurance amount is increased when by reason of
the law in effect at the time the promulgation is made, it is so
computed to apply to those individuals on the following May 1."
Sec. 206. // 42 USC 402 note. // The amendements made by the
provisions of this title other than sections 201(d),204, and 205(a)
shall be effective with respect to monthly benefits under title II of
the Social Security Act // 42 USC 401. // payable for months after
December 1978 and with respect to lump-sum death payments with respect
to deaths occurring after such month. The amendments made by section
201(d) shall be effective with respect to monthly benefits of an
individual who becomes eligible for an old-age or disability insurance
benefit, or dies, after December 1977. The amendments made by section
204 shall be effective with respect to monthly benefits for months after
May 1978. The amendments made by section 205(a) shall be effective with
respect to monthly benefits payable for months after December 1978 based
on the wages and self-employnent income of individuals who die after
December 1978.
Sec. 301. (a) Section 203(f)(8)(A) of the Social Security Act // 42
USC 403. // is amended by striking out "a new exempt amount which shall
be effective (unless such new exempt amount is prevented from becoming
effective by subparagraph (C) of this paragraph) with respect to any
individual's taxable year which ends after the calendar year" and
inserting in lieu thereof "the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other individuals)
which are to be applicable (unless prevented from beconing effective by
subparagraph (C) with respect to taxable years ending in (or with the
close of) the calendar year after the calendar year".
(b)(1) Section 203(f)(8)(B)(i) of such Act is amended by striking out
"the exempt amount for each month of a particular taxable year shall be"
in the matter preceding clause (i) and inserting in lieu thereof "
Except as otherwise provided in subparagraph (D), the exempt amount
which is applecable to individuals described in such subparagraph and
the exempt amount which is applicable to other individuals, for each
month of a particular taxable year, shall each be".
(2) Section 203(f)(8)(B)(i) of such Act is amended by striking out
"the exempt amount" and inserting in lieu thereof "the corresponding
exempt amount".
(3) The last sentence of section 203(f)(8)(B) of such Act is amended
by striking out "the exempt amount" and inserting in lieu thereof "an
exempt amount".
(c)(1) Section 203(f)(8) of such Act is further amended by adding at
the end thereof the following new subparagraph:
"(D) Notwithstanding any other provision of this subsection,
the exempt amount which is applicable to an individual who has
attained age 65 befote the close of the taxable year involved--,
"(i) shall be $333.33 1/3 for each month of any taxable year
ending after 1977 and before 1979,
"(ii) shall be $375 for each month of any taxable year ending
after 1978 and before 1980,
"(iii) shall be $416.66 2/3 for each month of any taxable year
ending afer 1979 and before 1981,
"(iv) shall be $458.33 1/3 for each month of any taxable year
ending after 1980 and before 1982, and
"(v) shall be $500 for esch month of any taxable year ending
after 1981 and before 1983.".
(2) // 42 USC 403 note. // No notification with respect to an
increased exempt amount for individuals described in section 203 (f)(
8)(D) of the Social Security Act (as added by paragraph (1) of this
subsection shall be required under the last sentence of section 203(f)(
8)(B) of such Act in 1977, 1978, 1979, 1980, or 1981; and section 203(
f)(8)(C) of such Act shall not prevent the new exempt amount deternened
and published under section 203(f)(8)(A) in 1977 from becoming effective
to the extent that such new exempt amount applies to individuals other
than those described in section 203(f)(8)(D) of such Act (as so added).
(d) Subsections (f)(1),(f)(3), (f)(4)(B), and (h)(1)(A) of section
203 of such Act are each amended by striking out $200 or the exempt
amount" and inserting in lieu thereof "the applicable exempt amount".
(e) // 42 USC 403 note. // The amendments made by this section shall
apply with respect to taxable years ending after December 1977.
Sec. 302.(a) Subsections (c)(1),(d)(1),(f)(1)(B), and (j) of section
203 of the Social Security Act // 42 USC 403. // are each amended by
striking out "seventy-two" and inserting in lieu thereof "seventy".
(b) Subsection (f)(3) of section 203 of such Act is amended by
striking out "age 72" and inserting in lieu thereof "age 70".
(c) Subsection (h)(1)(A) of section 203 of such Act is amended by
striking out "the age of 72" and "age 72" and inserting in lieu thereof
in each instance "age 70".
(d) The heading of subsection (j) of section 203 of such Act is
amended by striking out " Seventy-two" and inserting in lieu thereof "
Seventy".
(e) // 42 USC 403 note. // The amendments made by this section shall
apply only with respect to taxable years ending after December 31, 1981.
Sec. 303. (a) Clause (E) of the last sentence of section 203(f) (1)
of the Social Security Act (as amended by section 301(d) of this Act is
further amended by inserting before the period at the end thereof the
following: ", if such month is in the taxable year in which occurs the
first month that is both (i) a month for which the individual is
entitled to benefits under sebsection (a), (b), (c), (d), (e), (f), (g),
or (h) of section 202 // 42 USC 402. // (without having been entitled
for the preceding month to a benefit under any other of such
subsections), and (ii) a month in which the individual did not engage in
self-employment and did not render services for wages (determined as
provided in paragraph (5)) of more than the applicable exempt amount as
determined under paragraph (8)".
(b) // 42 USC 403 note. // the amendment made by subsection (a)
shall apply only with respect to monthly benefits payable for months
after December 1977.
Sec. 311. // 42 USC 403 note. // (a) The Secretary of Health,
Education, and Welfare is directed to undertake, as soon as possible
after the date of the enactment of this Act, a thorough study with
respect to the extent of the coverage under the old-age, survivors, and
disability insurance programs and under the programs established by
title XVIII of the Social Security Act. // 42 USC 1395. // The study
shall examine the feasiblity and desirability of covering, under such
social security programs, Federal employees, State and local
governmental employees, and employees of non-profit organizations who
are not now covered. The study shall include alternative methods of
accomplishing such coverage together with any appropriate alternatives
to extending coverage to such employees.
(b) With respect to each major alternative method or proposal
included in the study described in subsectiion (a), such study shall
also include an analysis of the changes which would be required in the
programs established by the Social Security Act // 42 USC 1305. // and
in any other systems or programs (such as retirement, survivorship,
disability, and health programs) affecting the individuals who would be
covered under such social security programs under such alternative
method or proposal. Such analysis shall include the structural changes
required in such programs, the financial impact of such changes, and the
effect of such changes on the benefit rights and contribution of the
affected individuals.
(c) In conducting the study required by subsection (a), the Secretary
of Health, Education, and Welfare shall consult, as appropriate, with
the Secretary of the Treasury, the Director of the Office of Management
and Budget, and the Chairman of Civil Service Commission, and those
officials shall provide him with such information and assistance as he
may require. The Secretary shall also solicit the views of other
appropriate officials and organizations,
(d) The Secretary of Health, Education, and Welfare shall submit to
the President and the Congress, not later than 2 years after the date of
the enactment of this Act, a report of the findings of the study
required by subsection (a) together with his recommendations for any
appropriate legislative changes.
Sec. 312. (a)(1) Section 3121 (k)(5) of the Internal Revenue Code of
1954 // 26 USC 3121. // (relating to constructive filing of certificate
where refund or credit has been made and new certificate is not filed)
is amended--,
(A) by striking out "prior to the expiration of 180 days after
the date of the enactment of this paragraph," in subparagraph (B)
and inserting in lieu thereof "prior to April 1, 1978,"; and
(B) by striking out "the 181st day after the date of the
enactment of this paragraph," and "such 181st day" in the matter
following subparagraph (B) and inserting in lieu thereof in each
instance " April 1, 1978,".
(2) Section 3121(k)(7) of such Code (relating to payment of both
employee and employer taxes for retroactive period by organization in
cases of constructive filing) is amended--,
(A) by striking out "prior to the expiration of 180 days after
the date of the enactment of this paragraph" and inserting in lieu
thereof "prior to April 1, 1978,";
(B) by striking out "the 181st day after such date," and
inserting in lieu thereof " April , 1978,"; and
(C) by striking out "prior to the first day of the calendar
quarter in which such 181st day occurs" and inserting in lieu
thereof "prior to that date".
(3) Section 3121(k)(8) of such Code (relating to extended period for
payment to taxes for retroactive coverage) is amended--,
(A) by striking out "by the end of the 180-day period following
the date of the enactment of this paragraph" and inserting in lieu
thereof "prior to April 1, 1978,";
(B) by striking out "on the 181st day following that date" and
inserting in lieu thereof "on that date".
(b)(1) Section 3121(k)(4) of such Code (relating to constructive
filing of certificate where no refund or credit of taxes has been made)
is amended by adding at the end thereof the following new subparagraph:
"(C) In the case of any organization which is deemed under this
paragraph to have filed a valid waiver certificate under paragraph
(1), if--,
"(i) the period with respect to which the taxes imposed by
sections 3101 and 3111 were paid by such organization (as
described in subparagraph (A)(ii) terminated prior to October 1,
1976, or
"(ii) the taxes imposed by sections 3101 and 3111 were not paid
during the period referred to in clause (i) to remuneration paid
by such organization to individuals who became its employees after
the close of the calendar quarter in which such period began,
taxes under section 3101 and 3111--,
"(iii) in the case of an organization which meets the
requirements of this subparagraph by reason of clause (i), with
respect to remuneration paid by such organization after the
termination of the period referred to in clasue (i) and prior to
July 1, 1977: or
"(iv) in the case of an organization which meets the
requirements of this subparagraph by reason of clause (ii), with
respect to remuneration paid prior to July 1, 1977, to individuals
who became its employees after the close of the calendar quarter
in which the period referred to in clause (i) began, which remain
unpaid on the date of the enactment of this subparagraph, or which
were paid after October 19, 1976, but prior to the date of the
enactment of this subparagraph, shall not be due or payable (or,
if paid, shall be refunded); and the certificate which such
organization is deemed under this paragraph to have filed shall
not apply to any service with respect to the remuneration for
which the taxes imposed by sections 3101 and 3111 (which remain
unpaid on the date of the enactment of this subparagraph, or were
paid after October 19, 1976, but prior to the date of the
enactment of this subparagraph) are not due and payable (or are
refunded) by reason of the preceding provisions of this
subparagraph. In applying this subparagarph for purposes of title
II of the Social Security Act,
// 42 USC 401. //
the period during which reports of wages subject to the taxes
imposed by sections 3101 and 3111 were made by any organization
may be conclusively treated as the period (described in
subparagraph (A)(ii)) during which the taxes imposed by such
sections were paid by such organization.".
(2) Section 3121(k)(4)(A) of such Code // 26 USC 3121. // is amended
by inserting "(subject to subparagraph (C))" after "effective" in the
matter following clause (ii).
(3) Section 3121(k)(6) of such Code (relating to application of
certain provisions to cases of constructive filing) is amended by
inserting "except as provided in paragraph (4)(C))" after "services
involved" in the matter preceding subparagraph (A).
(4) Section 3121(k)(4) of such Code is amended by striking out "date"
in subparagraph (B)(ii) and inserting in lieu thereof "first day of the
calendar quarter".
(c) // 26 Usc 3121 note. // In any case where--,
(1) an individual performend service, as an employee of an
organization which is deemed under section 3121(k)(4) of the
Internal Revenue Code of 1954 to have filed a waiver certificate
under section 3121(k)(1) of such Code,
// 26 USC 3121. //
on or after the first day of the applicable period described in
subparagraph (A) (ii) of such section 3121(k)(4) and before July
1, 1977; and
(2) the service so performed does not constitute employment (as
defined in section 210(a) of the Social Security Act and section
3121(b) of such Code) because the waiver certificate which the
organization is deemed to have filed is made inapplicable to such
service by section 3121(k)(4)(C) of such Code, but would
constitute employment (as so defined) in the absence of such
section 3121(k)(7)(C),
the remuneration paid for such service shall, upon the request of such
individual (filed on or before April 15, 1980, in such manner and form,
and with such official, as may be prescribed by regulations made under
title II of the Social Security Act // 42 USC 401. // accompanied by
full payment of all of the taxes which would have been paid under
section 3101 of such Code with respect to such remuneration but for such
section 3121(k) (4)(C) (or by satisfactory evidence that appropriate
arrangements have been made for the payment of such taxes in
installments as provided in section 3121(k)(8) of such Code), be deemed
to constitute remuneration for employment as so defined. In any case
where remuneration paid by an organization to an individual is deemed
under the preceding sentence to constitute remuneration for employment,
such organization shall be liable (notwithstanding any other provision
of such Code) for payment of the taxes which it would have been required
to pay under section 3111 of such Code with respect to such remuneration
in the absence of such section 3121(k)(4)(C).
(d) Section 3121(k)(8) of the Internal Revenue Code of 1954 (relating
to extended period for payment of taxes for retroactive coverage), as
amended by subsection (a)(3) of this section, is ameneded to read as
follows:
"(8) EXTENDED PERIOD FOR PAYMENT OF TAXES FOR RETROACTIVE
COVERGAE.-- Notwithstanding any other provision of this title, in
any case where--,
"(A) an organization is deemed under paragraph (4) to have
filed a valid waiver certificate under paragraph (1), but the
applicable period described in paragraph (4)(A)(ii) has terminated
and part or all of the taxes imposed by sections 3101 and 3111
with respect to remuneration paid by such organization to its
employees after the close of such period remains payable
notwithstanding paragraph (4)(C), or
"(B) an organization described in paragraph (5)(A) files a
valid waiver certificate under paragraph (1) by March 31, 1978, as
described in paragraph (5)(B), or (not having filed such a
certificate by that date) is deemed under paragraph (5) to have
filed such certificate on April 1, 1978, or
"(C)
// 26 USC 3121 note. //
an individual files a request under section 3 of Public Law 94 -
563, or under section 312(c) of the Social Security Amendments of
1977, to have service treated as constituting remuneration for
employment (as defined in section 312(b) and in section 210(a) of
the Social Security Act), the taxes due under sections 3101 and
3111 with respect to services constituting employment by reason of
such certificate for any period prior to the first day of the
calendar quarter in which the date of such filing or constructive
filing occurs, or with respect to service constituting employment
by reason of such request, may be paid in installments over an
appropriate period of time, as determined under regulations
prescribed by the Secretary, rather than in a lump sum.".
(e) // 26 USC 3121 note. // The first sentence of section 3 of
Public Law 94 - 563 (in the matter following paragraph (3)) is
amended--,
(1) by inserting "on or before April 15, 1980," after "filed";
and
(2) by inserting "(or by satisfactory evidence that appropriate
arrangements have been made for the repayment of such taxes in
installments as provided in section 3121(k)(8) of such Code)"
after "so refunded or credited".
(f) Section 3121(k)(4)(A)(i) of the Internal Revenue Code of 1954 //
26 USC 3121. // (relating to constructive filing of certificate where
no refund or credit of taxes has been made) is amended by striking out
"or any subsequent date" and inserting in lieu thereof "(or, if later,
as of the earliest date on which it satisfies clause (ii) of this
subparagraph.)".
(g) Section 3121(k)(4)(B) of such Code (relating to constructive
filing of certificate where no refund or credit of taxes has been made)
is ameneded--,
(1) by striking out the period at the end of clause (ii) and
inserting in lieu thereof ", or" and
(2) by adding after clause (ii) the following new clause:
"(iii) the organization, prior to the end of the period
referred to in clause (ii) of such subparagraph (and in the case
of an organization organized on or before October 9, 1969, prior
to October 19, 1976), had applied for a ruling or determination
letter acknowledging it to be exempt from income tax under section
501(c)(3),
// 26 USC 501. //
and it subsequently received such ruling or determination letter
and did not pay any taxes under sections 3101 and 3111 with
respect to any employee with respect to any quarter ending after
the twelfth month following the date of mailing of such ruling or
determination letter and did not pay any such taxes with respect
to any quarter beginning after the later of (I) December 31, 1975
or (II) the date on which such ruling or determination letter was
issued.".
(h) // 26 USC 3121 note. // The amendments made by subsections (a),
(b), (d), (e), (f), and (g) of this section shall be effective as though
they had been included as a part of the amendments made to section
3121(k) of the Internal Revenue Code of 1954 by the first section of
Public Law 94 - 563 (or, in the case of the amendments made by
subsection (e), as a part of section 3 of such Public Law).
Sec. 313. (a) Section 211(a) of the Social Security Act // 42 USC
411. // is amended--,
(1) by striking out "and" at the end of paragraph (9);
(2) by striking out the period at the end of paragraph (10) and
inserting in lieu thereof "; and
(3) by inserting after paragraph (10) the following new
paragraph:
"(11) There shall be excluded the distributive share of any
item of income or loss of a limited partner, as such, other than
guaranteed payments described in section 707(c) of the Internal
Revenue Code of 1954
// 26 USC 707. //
to that partner for services actually rendered to or on behalf of
the partnership to the extent that those payments are established
to be in the nature of remuneration for those services.".
(b) Secion 1402(a) of the Internal Revenue Code of 1954 // 26 USC
1402. // (relating to definition of net earnings from self-employment)
is amended--,
(1) by striking out "and" at the end of paragraph (10);
(2) by striking out the period at the end of paragraph (11) and
inserting in lieu thereof ";and"; and
(3) by inserting after paragraph (11) the following new
paragraph:
"(12) there shall be excluded the distributive share of any
item of income or loss of a limited partner, as such, other than
guaranteed payments described in section 707(c)
// 26 USC 707. //
to that partner for services actually rendered to or on behalf of
the partnership to the extent that those payments are established
to be in the nature of remuneration for those services.".
(c) // 42 USC 411 note. // The amendments made by this section shall
apply with respect to taxable years beginning after December 31, 1977.
Sec. 314. (a) Section 3121 of the Internal Revenue Code of 1954 //
26 USC 3121. // (definitions for purposes of the Federal Insurance
Contributions Act) // 26 USC 3101 - 3126. // is amended by adding at
the end thereof the following new subsection:
"(s) Concurrent Employment by Two or More Employers.--For purposes of
sections 3102, 3111, and 3121(a)(1), if two or more related corporations
concurrently employ the same individual and compensate such individual
through a common paymaster which is one of such corporations, each such
corporation shall be considered to have paid as remuneration to such
individual only the amounts actually disbursed by it to such individual
and shall not be considered to have paid as remuneration to such
individual amounts actually disbursed to such individual by another of
such corporations.".
(b) Section 3306 of such Code // 26 USC 3306. // (relating to
definitions in respect of unemployment tax) is amended by adding at the
end thereof the following new subsection:
"(p) Concurrent Employment by Two or More Employers.--For purposes of
sections 3302, and 3306(b)(1), // 26 USC 3301, 3302. // if two or more
related corporations concurrently employ the same individual and
compensate such individual through a common paymaster which is one of
such corporations each such corporation shall be considered to have paid
as remuneration to such individual only the amounts actually disbursed
by it to such individual and shall not be considered to have paid as
remuneration to such individual amounts actually disbursed to such
individual by another of such corporations.".
(c). // 26 USC 3121 note. // The amendments made by this section
shall apply with respect to wages paid after December 31, 1978.
Sec. 315. (a) Section 3121 of the Internal Revenue Code of 1954
(definitions for purposes of the Federal Insurance Contributions (Act)
is amended by adding at the end thereof (after the new subsection added
by section 314(a) of this Act) the following new subsection:
"(t) Special Rule for Determining Wages Subject to Employer Tax in
Case of Certain Employers Whose Employees Receive Income From Tips.--If
the wages paid by an employer with respect to the employment during any
month of an individual who (for services performed in connection with
such employment) receives tips which constitute wages, and to which
section 3102(a) applies, are less than the total amount which would be
payable (with respect to such employment) at the minimum wage rate
applicable to such individual under section 6(a)(1) of the Fair Labor
Standards Act of 1938 // 29 USC 203. // (determined without regard to
section 3(m) of such Act), the wages so paid shall be deemed for
purposes of section 3111 to be equal to such total amount.".
(b) Section 3111 of such Code is amended by inserting "and (t)" after
"3121(a)" in subsections (a) and (b).
(c) // 26 USC 3111 note. // The amendments made by this section
shall apply with respect to wages paid with respect to employment
performed in months after December 1977.
Sec. 316. // 26 USC 1402 note. // (a) Notwithstanding section 1402(
e)(3) of the Internal Revenue Code of 1954, // 26 USC 1402. // any
exemption which has been received under section 1402(e)(1) of such Code
by a duly ordained, commissioned, or licensed minister of a church or a
Christian Science practitioner, and which is effective for the taxable
year in which this Act is enacted, may be revoked by filing an
application therefor (in such form andmanner, and with such official, as
may be prescribed in regulations made under chapter 2 of such Code), //
26 USC 1401. // if such application is filed--,
(1) before the applicant becomes entitled to benefits under
section 202(a) or 223 of the Social Security Act
// 42 USC 402, 423. //
(without regard to section 202(j)(1) or 223(b) of such Act), and
(2) no late than the due date of the Federal income tax return
(including any extension thereof) for the applicant's first
taxable year beginning after the date of the enactment of this
Act.
Any such revocation shall be effective (for purposes of chapter 2 of the
Internal Revenue Code of 1954 and title II of the Social Security Act),
// 42 USC 401. // as specified in the application, either with respect
to the applicant's first taxable year ending on or after the date of the
enactment of this Act or with respect to the applicant's first taxable
year beginning after such date, and for all succeeding taxable years;
and the applicant for any such revocation may not thereafter again file
application for an exemption under such section 1402(e)(1). If the
application is filed on or after the due date of the applicant's first
taxable year ending on or after the date of the enactment of this Act
and is effective with respect to that taxable year, it shall include or
be accompanied by payment in full of an amount eual to the total of the
taxes that would have been imposed by section 1401 of the Internal
Revenue Code of 1954 // 26 USC 1401. // with respect to all of the
applicant's income derived in that taxable year which would have
constituted net earnings from self-employment for purposes of chapter 2
of such Code (notwithstanding section 1402(c)(4) or (c)(5) of such Code)
except for the exemption under section 1402(e)( 1) of such Code.
(b) Subsection (a) shall apply with respect ot service performed (to
the extent specified in such subsection in taxable years ending on or
after the date of the enactment of this Act, and with respect to monthly
insurance benefits payable under title II of the Social Security Act //
42 USC 401. // on the basis of the wages and self-employment income of
any individual for months in or after the calendar year in which such
individual's application for revocation (as described in such
subsection) is filed (and lump-sum death payments payable under such
title on the basis of such wages and self-employment income in the case
of deaths occurring in or after such calendar year).
Sec. 317. (a) Title II of the Social Security Act is amended by
adding at the end thereof the following new section:
" Sec. 233. // 42 USC 433. // (a) The President is authorized
(subject to the succeeding provisions of this section) to enter into
agreements establishing totalization arrangements between the social
security system established by this title and the social security system
of any foreign country, for the purposes of establishing entitlement to
and the amount of old-age, survivors, disability, or derivative benefits
based on a combination of an individual's periods of coverage under the
social security system established by this title and the social security
of such foreign country.
"(b) For the purposes of this section--,
"(1) the term 'social insurance or pension system' means, with
respect to a foreign country, a social insurance or pension system
which is of general application in the country and under which
periodic benefits, or the actuarial equivalent thereof, are paid
on account of old age, death, or diasbility and
"(2) the term 'period of coverage' means a period of payment of
contributions or a period of earnings based on wages for
employment or on self-employment income, or any similar period
recognized as equivalent thereto under this title or under the
social security system of a country which is a party to an
agreement entered into under this section.
of Benefits
"(c) (1) Any agreement establishing a totalization arrangenent
pursuant to this section shall provide--,
"(A) that in the case of an individual who has at least 6
quarters of coverage as defined in section 213 of this Act and
periods of coverage under the social security system of a foreign
country which is a party to such agreements, periods of coverage
of such individual under such social security system of such
foreign country may be combined wirh periods of coverage under
this title and otherwise considered for the purposes of
establishing entitlement to and the amount of old-age, survivors,
and disability insurance benefits under this title;
"(B)(i) that employment or self-employment, or any service
which is recognized as equivalent to employment or self-employment
under this title or the social security system of a foreign
country which is a party to such agreement, shall, on or after the
effective date od such agreement, result in a period of coverage
under the system established under this title or under the system
established under the laws fo such foreign country, but not under
both, and (ii) the methods and conditions for deternining under
which system employment, self-employment, or other service shall
result in a period of coverage; and
"(C) that where an individual's periods of coverage are
combined, the benefit amount payable under this title shall be
based on the proportion of such individual's periods of coverage
which was completed under this title.
"(2) Any such agreement may provide that--,
"(A) an individual who is entitled to cash benefits under this
title shall, notwithstanding the provisions of section 202(t),
// 42 USC 402. //
receive such benefits while he resides in a foreign country which
is a party to such agreement; and
"(B) the benefit paid by the United States to an individual who
legally resides in the United States shall, if less when added to
the benefit paid by such foreign country than the benefit amount
which would be payable to an entitled individual based on the
first figure in (or deemed to be in) column IV of the table in
secition 215(a) in the case fo an individaul becoming eligible for
such benefit before January 1, 1979, or based on a primary
insurance amount determined under section 215( a)(1)(C)(i)(I) in
the case of an individual becoming eligible for such benefit on or
after that date, be increased so that the total of the two
benefits is equal to the benefit amount which would be so payable.
"(3) Section 226 shall not apply in the case of any individual to
whom it would not be applicable but for this section or any agreement or
regulation under this section.
"(4) Any such agreement may contain other provisions which are not
inconsistent with the other provisions of this title and which the
President deems appropriate to carry out the purposes of this section.
"(d) The Secretary of Health, Education, and Welfare shall make rules
and regulations and establish procedures which are reasonable and
necessary to implement and administer any agreement which has been
entered into in accordance with this section.
"(e)(1) Any agreement to establish a totalization arrangement entered
into pursuant to this section shall be transmitted by the President to
the Congress together with a report on the estimated number of
individuals who will be affected by the agreement and the effect of the
agreement on the estimated income and expenditures of the programs
established by this Act.
"(2) Such an agreement shall become effective on any date, provided
in the agreement, which occurs after the expiration of the period
(following the date on which the agreement is transmitted in accordance
with paragraph (1) during which each House of the Congress has been in
session each of 90 days; execpt that such agreement shall not become
effective if, during such period, either House of the Congress adopts a
resolution of disapproval of the agreement.".
(b)(1) Section 1401 of the Internal Revenue Code of 1954 // 26 USC
1401. // is amended by adding at the end thereof the following new
subsection:
"(c) Relief From Taxes in Cases Covered by Certain International
Agreements.-- During any period in which there is in effect an agreement
entered into pursuant to section 233 of the Social Security Act with any
foreign country, the self-employment income of an individual shall be
exempt from the taxes imposed by this section to the extent that such
self-employment income is subject under such agreement to taxes or
contributions for similar puposes under the social security system of
such foreign country.".
(2) Sections 3101 and 3111 of such Code // 26 USC 3101, 3111. // are
each amended by adding at the end thereof the following new subsection:
"(c) Relief From Taxes in Cases Covered by Certain International
Agreements.--During any period in whcih there is in effect an agreement
entered into pursuant to section 233 of the Social Security Act with any
foreign country, wages received by or paid to an individual shall be
exempt form the taxes imposed by this section to the extent that such
wages are subject under such agreement to taxes or contributions for
similar purposes under the social security system of such foreign
country.".
(3) Section 6051(a) of such Code // 26 USC 6051. // is amended by
adding at the end thereof the following new sentence: " The amounts
required to be shown by paragraph (5) shall not include wages which are
exempted pursuant to sections 3101(c) and 3111(c) from the taxes imposed
by sections 3101 and 3111.".
(4) // 26 USC 1401 note. // Notwithstanding any other provision of
law, taxes paid by any individual to any foreign country with respect to
any period of employment or self-employment which is covered under the
social security system of such foreign country in accordance with the
terms of an agreement entered into pursuant to section 233 of the Social
Security Act shall not, under the income tax laws of the United States
be deductible by, or creditable against the income tax of, any such
individual.
Sec. 318. // 42 USC 418 note. // (a) Notwithstanding the provisions
of subsection (d)(5) (A) of section 218 of the Social Security Act // 42
USC 418. // and the references therto in subsections (d)(1) and (d)(3)
of such section 218, the agreement with the State of Illinois heretofore
entered into pursuant to such section 218 may, at any time prior to
January 1, 1979, be modified pursuant to subsection (c)(4) of such
section 218 so as to apply to services performed in policemen's or
firemen's positions covered by the Illinois Municipal Retirement Fund on
the enactment of this Act if the State of Illinois has at any time prior
to the date of the enactment of this Act paid to the Secretary of the
Treasury, with respect to any of the services performed in such
positions, the sums prescribed pursuant to subsection (e)(1) of such
section 218. For purposes of this section, a retirement system which
covers positions of policemen or firemen shall, if the State of Illinois
so desires, be deemed to be a separate retirement system with respect to
the positions of such policemen or firemen, as the case may be.
(b) Notwithstanding the provisions of subsection (f) of section 218
of the Social Security Act, any modification in the agreement with the
State of Illinois under subsection (a) of this section, to the extent
that it involves services performed by a policeman or fireman in
positions covered under the Illinois Municipal Retirement Fund, shall be
made effective with respect to--,
(1) all services performed by policemen or firemen, in
positions to which the modification relates, on or after the date
of the enactment of this Act; and
(2) all services performed by such individuals in such
positions before such date of enactment with respect to which the
State of Illinois has paid to the Secretary of the Treasury the
sums prscribed pursuant to subsection (e)(1) of such section 218
// 42 USC 418. //
at the time or times established pursuant to such subsection (e)(
1), if and to the extent that--,
(A) no refund of the suns so paid has been obtained, or
(B) a refund of part or all of the sums so paid has been
obtained but the State of Illinois repays to the Secretary of the
Treasury the amount of such refund within 90 days after the date
that the modification is agreed to by the State and the Secretary
of Health, Education, and Welfare.
Sec. 319. Section 218 (p)(1) of the Social Security Act // 42 USC
418. // is amended by inserting " Mississippi," after " Maryland,".
Sec. 320. Section 218(d)(6)(C) of the Social Security Act is amended
by inserting " New Jersey," after " Nevada,".
Sec. 321. Section 218 (m)(1) of the Social Security Act is amended
by inserting after " Wisconsin retirement fund: "or any successor
system".
Sec. 331. (a) Section 202(q)(4) of the Social Security Act // 42 USC
402. // is amended by striking out all that follows subparagraph (B)
and inserting in lieu thereof the following: "then the amount of the
reduction of such benefit (after the application of any adjustment under
paragraph (7) for each month beginning with the month of such increase
in the primary insurance amount shall be computed under paragraph (1) or
(3), whichever applies, as though the increased primary insurance amount
had been in effect for and after the month for which the individual
first became entitled to such monthly benefit reduced under such
paragraph (1) or (3).".
(b) Section 202(q) of such Act is further amended by adding at the
end thereof the following new paragraphs:
"(10) For purposes of applying paragraph (4), with respect to monthly
benefits payable for any month after December 1977 to an individual who
was entitled to a monthly benefit as reduced under paragraph (1) or (3)
prior to January 1978, the amount of reduction in such benefit the first
month for which such benefit is increased by reason of an increase in
the primary insurance amount of the individual on whose wages and
self-employment income such benefit is based and for all subsequent
months (and similarly for all subsequent increase in such primary
insurance amount (such increase being made in accordance with the
provisions of paragraph (8)). In the case of an individual whose
reduced benefit under this section is increased as a result of the use
of an adjusted reduction period or an additional adjusted reduction
period (in accordance with paragraphs (1) and (3) of this subsection),
then for the first month for which such increase is effective, and for
all subsequent months, the amount of such reduction (after the
application of the previous sentence, if applicable) shall be
determined--,
"(A) in the case of old-age, wife's, and husband's insurance
benefits, by multiplying such amount by the ratio of (i) the
number of months in the adjusted reduction period to (ii) the
number of months in the reduction period,
"(B) in the case of widow's and widower's insurance benefits
for the month in which such individual attains age 62, by
multiplying such amount by the ratio of (i) the number of months
in the reduction period beginning with age 62 multiplied by 19/40
of 1 percent, plus the number of months in the adjusted reduction
period prior to age 62 multiplied by 19/40 of percent, plus the
number of months in the adjusted additional reduction period
multiplied by 43/240 of 1 percent to (ii) the number of months in
the reduction period multiplied by 19/40 of 1 percent, plus the
number of months in the additional reduction period multiplied by
43/240 of 1 percent, and
"(C) in the case of widow's insurance benefits for the month in
which such individual attains age 65, by multiplying such amount
by the ratio of (i) the number of months in the adjusted reduction
period multiplied by 19/40 of 1 percent, plus the number of months
in the adjusted additional reduction period multiplied by 43/240
of 1 percent to (ii) the number of months in the reduction period
beginning with age 62 multiplied by 19/40 of 1 percent, plus the
number of months in the adjusted reduction period prior to age 62
mjltiplied by 19/40 of 1 percent, plus the number of months in the
adjusted additional reduction period multiplied by 43/240 of 1
percent.
such determination being made in accordance with the provisions of
paragraph (8).
"(11) When an individual is entitled to more than one monthly benefit
under this title and one or more of such benefits are reduced under this
subsection, paragraph (10) shall apply separately to each such benefit
reduced under this subsection before the application of subsection (k)
(pertaining to the method by which monthly benefits are offset when an
individual is entitled to more than one kind of benefit) and the
application of this paragraph shall operate in conjunction with
paragraph (3).".
(c)(1) Section 202(q)(7)(C) of such Act // 42 USC 402. // is amended
by striking out "because" and all that follows and inserting in lieu
thereof "because of the occurrence of an event that terminated her or
his entitlement to such benefits,".
(2) Section 202(q)(3)(H) of such Act is amended by inserting "for
that month or" after "first entitled".
(d) // 42 USC 402 note. // The amendments made by this section shall
be effective with respect to monthly benefits payable for months after
December 1977.
Sec. 332. (a)(1) The first sentence of section 202(j)(1) of the
Social Security Act is amended by striking out " An individual" and
inserting in lieu thereof " Subject to the limitations contained in
paragraph (4), an individual".
(2) Section 202(j) of such Act // 42 USC 402. // is further amended
by adding at the end thereof the following new paragraph:
"(4)(A) Except as provided in subparagraph (B), no individual shall
be entitled to a monthly benefit under subsection (a), (b), (c), (e), or
(f) for any month prior to the month in which he or she files an
application for benefits under that subsection if the effect of
entitlement to such benefit would be to reduce, pursuant to subsection
(q), the amount of the monthly benefit to which such individual would
otherwise be entitled for the month in which such application is filed.
"(B)(i) If the individual applying for retroactive benefits is
applying for such benefits under subsection (a), and there are one or
more other persons who would (except for subparagraph (A)) be entitled
for any month, on the basis of the wages and self-employment income of
such individual and because of such individual's entitlement to such
retroactive benefits, to retroactive benefits under subsection (b), (c),
or (d) not subject to reduction under subsection (q), then subparagraph
(A) shall not apply with respect to such month or any subsequent month.
"(ii) If the individual applying for retroactive benefits is a widow,
surviving divorced wife,or widower and is under a disability (as defined
in section 223 (d)), // 42 USC 423. // and such individual would,
except for subparagraph (A), be entitled to retroactive benefits as a
disabled widow or widower or disabled surviving divorced wife for any
month before attaining the age of 60, then subparagraph (A) shall not
apply with respect to such month or any subsequent month.
"(iii) If the individual applying for retroactive benefits has excess
earnings (as defined in section 203(f)) // 42 USC 403. // in the year
in which he or she files an application for such benefits which could,
except for subparagraph (A), be charged to months in such year prior to
the month of application, then subparagraph (A) shall not apply to so
many of such months immediately preceding the month of application as
are required to charge such excess earnings to the maxmimum extent
possible.
"(iv) As used in this subparagraph, the term 'retroactive benefits'
means benefits to which an individual becomes entitled for a month prior
to the month in which appliication for such benefits is filed.".
(3) Section 226(h) of such Act // 42 USC 426. // is amended by
adding at the end thereof the following new paragraph:
"(4) For purposes of determing entitlement to hospital insurance
benefits under subsection (b) in the case of an individual described in
clause (iii) of subsection (b)(2)(A), the entitlement of such individual
to widow's or widowder's insurance benefits under section 202(e) or (f)
// 42 USC 402. // by reason of a disability shall be deemed to be the
entitlement to such benefits that would result if such entitlement were
determined without regard to the provisions of section 202(j)(4).".
(b) // 42 USC 402 note. // The amendments made by subsection (a)
shall be effective with respect to monthly insurance benefits under
title II of the Social Security Act // 42 USC 401. // to which an
individual becones entitled on the basis of an application filed on or
after January 1, 1978.
Sec. 333. (a) Title VII of the Social Security Act is amended by
adding at the end thereof the following new section:
" Sec. 708. // 42 USC 909. // (a) If the day regularly designated
for the delivery of benefit checks under title II or title XVI // 42 USC
401, 1381. // falls on a Saturday, Sunday, or legal public holiday (as
defined in section 6103 of title 5, United States Code) in any month,
the benefit checks which would otherwise be delivered on such day shall
be mailed for delivery on the first day preceding such day which is not
a Saturday, Sunday, or legal public holiday (as so defined), without
regard to whether the delivery of such checks would as a result have to
be made before the end of the month for which such checks are issued.
"(b) If more than the correct amount of payment under title II or XVI
is made to any individual as a result of the receipt of a benefit check
pursuant to subsection (a) before the end of the month for which such
check is issued, no action shall be taken (under section 204 or 1631(b)
// 42 USC 404, 1383. // or otherwise) to recover such payment or the
incorrect portion thereof.".
(b) // 42 USC 909 note. // The amendment made by subsection (a) of
this section shall apply with respect to benefit checks the designated
day for delivery of which occurs on or after the thirtieth day after the
date of the enactment of this Act.
Sec. 334. (a)(1) Section 202(b)(2) of the Social Security Act // 42
USC 402. // is amended by inserting after "subsection (q)" the
following: "and paragrpah (4) of this subsection".
(2) Section 202(b) of such Act is further amended by adding at the
end thereof the following new paragraph:
"(4)(A) The amount of a wife's insurance benefit for each month as
determined after application of the provisions of subsections (q) and
(k) shall be reduced (but not below zero) by an amount equal to the
amount of any monthly periodic benefit payable to such wife (or divorced
wife) for such month which is based upon her earnings while in the
service of the Federal Government or any State (or political subdivision
thereof, as defined in section 218(b)(2)) // 42 USC 418. // if, on the
last day she was employed by such entity, such service did not
constitute 'employment' as defined in section 210. // 42 USC 410. //
"(B) For purposes of this paragraph, any periodic benefit which
otherwise meets the requirements of subparagraph (A), but which is paid
on other than a monthly basis shall be allocated on a basis equivalent
to a monthly benefit (as determined by the Secretary) and such
equivalent monthly benefit shall constitute a monthly periodic benefit
for purposes of subparagraph (A). For purposes of this subparagraph,
the term 'periodic benefit' includes a benefit payable in a lump sum if
it is a commutation of, or a substitute for, periodic payments.".
(b)(1) Section 202(c)(1) of such Act // 42 USC 402. // is amended--,
(A) by striking out subparagraph (C);
(B) by adding "and" at the end of subparagraph (B); and
(C) by redesignating subparagraph (D) as subparagraph (C).
(2) Section 202(c)(2) of such Act is amended to read as follows:
"(2)(A) The amount of a husband's insurance benefit for each month as
determined after application of the provisions of subsections (q) and
(k) shall be reduced (but not below zero) by an amount equal to the
amount of any monthly periodic benefit payable to such husband for such
month which is based upon his earnings while in the servic of the
Federal Government or any State (or political subdivision thereof, as
defined in section 218(b)(2)) // 42 USC 418. // if, on the last day he
was employed by such entity, such service did not constitute
'employment' as defined in section 210.
"(B) For purpose of this paragraph, any periodic benefit which
otherwise meets the requirements of subparagraph (A), but which is paid
on other than a monthly basis, shall be allocated on a basis equivalent
to a monthly benefit (as determined by the Secretary) and such
equivalent monthly benefit shall constitute a monthly periodic benefit
for purposes of subparagraph (A). For purposes of this subparagraph the
term 'periodic benefit' includes a benefit payable in a lump sum if it
is a commutation of, or a substitute for, periodic payments.".
(3) Section 202(c)(3) of such Act // 42 USC 402. // is amended by
inserting after "subsection (q) the following: "and paragraph (2) of
this subsection".
(c)(1) Section 202(e)(2)(A) of such Act (as amended by section 204(
a) of this Act is amended by striking out "paragraph (4)" in the first
sentence and inserting in lieu thereof "paragraphs (4) and (8)".
(2) Section 202(e) of such Act is further amended by adding at the
end thereof the following new paragrpah:
(8)(A) The amount of a widow's insurance benefit for each month as
determined (after application of the provisions of subsections (q) and
(k) paragraph (2)(B), and paragraph (4)) shall be reduced (but not below
zero) by an amount equal to the amount of any monthly periodic benefit
payable to such widow (or surviving divorced wife) for such month which
is based upon her earnings while in the service of the Federal
Government or any State (or political subdivision thereof, as defined in
section 218(b)(2)) if, on the last day she was employed by such service
did not constitute 'employment' as defined in section 210.
"(B) For purposes of this paragraph, any periodic benefit which
otherwise meets the requirements of subparagraph (A), but which is paid
on other than a monthly basis, shall be allocated on a basis equivalent
to a monthly benefit (as determined by the Secretary) and such
equivalent monthly benefit sahll constitute a monthly periodic benefit
for purposes of suvparagraph (A). For purposes of this subparagraph,
the term 'periodic benefit' includes a benefit payable in a lump sum if
if is a commutation of, or a substitute for, periodic payments.".
(d)(1) Section 202(f)(1) of such Act // 42 USC 402. // is amended--.
(A) by striking out subparagraph (D); and
(B) by redsignating suvparagraphs (E), (F), and (G) as
subparagraphs (D),(E), and (F), respectively. subparagraphs (D),
(E), and (F), respectively.
(2) Section 202(f)(2) of such Act is amended to read as follows:
(2)(A) The amount of a widower's insurance benefit for each month (as
determined after application of the provisions of subsections (k) and
(q), paragraph (3)(B), and paragraph (5) shall be reduced (but not below
zero) by an amount equal to the amount of any monthly periodic benefit
payable to such widower for such month which is based upon his earnings
while in the service of the Federal Government or any State (or any
political subdivision thereof, as defined in section 218(b)(2)) if, on
the last day he was employed by such entity, such service did not
constitute "employment" as defined section 210.
"(B) For purposes of this paragraph, any periodic benefit which
otherwise meets the requirements of subparagraph (A), but which is paid
on other than monthly basis, shall be allocated on a basis equivalent to
a monthly benefit (as determined by the Secretary) and such equivalent
monthly benefit shall constitute a monthly periodic benefit for purposes
of subparagraph (A). For purposes of this subparagraph, the term
'periodic benefit' includes a benefit payable in a lump sum it it is a
commutation of, or a substitute for, periodic payments.".
(3) Section 202(f)(3)(A) of such Act (as amended by section 204 (c)
of this Act) is amended by striking out "paragraph (5)" in the first
sentence and inserting in lieu thereof "paragraphs (2) and (5)".
(4)(A) Section 202(f)(7) of such Act is amended by striking out
"paragraph (1)(G)" and inserting in lieu thereof "paragraph (1) (F)".
(B) Section 226(h)(1)(B) of such Act // 42 USC 426. // is amended by
striking out "subparagraph (G) of section 202(f)(1)" and inserting in
lieu thereof "subparagraph (F) of section 202(f)(1)".
(5) Section 202(p)(1) of such Act is amended by striking out
"subparagraph (C) of subsection (c)(1), clause (i) or (ii) of
subparagraph (D) of subsection (f)(1), or".
(6) Section 202(s)(3) of such Act is amended by striking out "
Subsections" and all that follows down through "so much" and inserting
in lieu thereof " So much".
(e)(1) Section 202(g)(2) of such Act is amended by striking out "
Such" and inserting in lieu thereof " Except as provided in paragraph
(4) of this subsection, such".
(2) Section 202(g) of such Act is further amended by adding at the
end thereof the following new paragraph:
"(4)(A) The amount of a mother's insurance benefit for each month to
which any individual is entitled under this subsection (as determined
after application of subsection (k)) shall be reduced (but not below
zero) by an amount equal to the amount of any monthly periodic benefit
payable to such individual for such month which is based upon such
individual's earnings while in the service of the Federal Government or
any State (or political subdivision thereof, as defined in section 218(
b)(2)) // 42 Usc 418. // if, on the last day such individual was
employed by such entity, such service did not constitue 'employment' as
defined in section 210.
"(B) For purposes of this paragraph, any periodic benefit which
otherwise meets the requirements of subparagraph (A), but which is paid
on other than an monthly basis, shall be allocated on a basis equivalent
to a monthly benefit (as determined by the Secretary) and such
equivalent monthly benefit shall constitute a monthly periodic benefit
for purposes of subparagraph (A). For purposes of this subparagraph,
the term 'periodic benefit' includes a benefit payable in a lump sum if
it is a commutation of, a or a substitute for, periodic payments.".
(f) // 42 USC 402 note. // The amendments made by this section shall
apply with respect to monthly insurance benefits payable under title II
of the Social Security Act // 42 USC 101. // for months beginning with
the month in which this Act is enacted, on the basis of applications
filed in or after the month in which this Act is enacted.
(g)(1) // 42 USC 402 note. // The amendments made by the preceding
provision of this section shall not apply with respect to any monthly
insurance benefit payable, under subsection (b), (c), (e), (f), or (g)
(as the case may be) of section 202 of the Social Security Act, to an
individual--,
(A) to whom there is payable for any month within the 60-month
period beginning with the month in which this Act is enacted (or
who is eligible in any such month for) a monthly periodic benefit
(within the meaning of such provisions) based upon such
individual's earnings while in the service of the Federal
Government or any State (or political subdivision thereof,as
defined in section 218(b)(2) of the Social Security Act;
// 42 USC 418. //
and
(B) who at time of application for or initial entitlement to
such monthly insurance benefit under such subsection (b), (c),
(e), (f), or (g) meets the requirements of that subsection as it
was in effect and being administered in January 1977.
(2) For purposes of paragraph (1)(A), an individual is eligible for a
monthly periodic benefit for any month if such benefit would be payable
to such individual for that month if such individual were not employed
during that month and had made proper application for such benefit.
(3) If any provision of this subsection, or the application thereof
to any person or circumstance, is held invalid, the remainder of this
section shall not be affected thereby, but the application of this
subsection to any other persons or circumstances shall also be
considered invalid.
Sec. 335. Section 223(d)(4) of the Social Security Act // 42 USC
423. // is amended by inserting after the first sentence the following
new sentence: " No individual who is blind shall be regarded as having
demonstrated an ability to enagage in substantial gainful activity on
the basis of earnings that do not exceed the exempt amount under section
203(f)(8) which is applicable to individuals described in subparagraph
(D) thereof.".
Sec. 336. (a)(1) Section 202(e)(2)(A) of the Social Security Act (as
amended by sections 204(a) and 334(c)(1) of this Act) is amended by
striking out "paragraphs (4) and (8)" and inserting in lieu thereof
"paragraph (8)".
(2) Section 202(e)(3) of such Act is amended by striking out " In the
case of a widow or surviving divorced wife who marries" in the matter
preceding subparagraph (A) and inserting in lieu thereof " If a widow,
before attaining age 60, or a surviving divorced wife, marries".
(3) Section 202(e)(4) of such Act // 42 USC 402. // is amended to
read as follows:
"(4) If a widow, after attaining age 60, marries, such marriage
shall, for purposes of paragraph (1), be deemed not to have occurred.".
(b)(1) Section 202(f)(3)(A) os such Act (as amended by sections 204(
c) and 334(d)(3) of this Act) is furhter amended by striking out
"paragraphs (2) and (5)" and inserting in lieu thereof "paragraph (2)".
(2) Section 202(f)(4) of such Act is amended by striking out " In the
case of a widower who remarries" in the matter preceding subparagraph
(A) and inserting in lieu thereof " If a widower, before attaining age
60, remarries".
(3) Section 202(f)(5) of such Act is amended to read as follows:
"(5) If a widower, after attaining age 60, marries, such marriage
shall, for purposes of paragraph (1), be deemed not to have occurred."
(c) // 42 USC 402 note. // (1) The amendments made by this section
shall apply only with respect to monthly benefits payable under title II
of the Social Security Act // 42 USC 401. // for months after December
1978, and, in the case of individuals who are not entitled to benefits
of the type involved for December 1978, only on the basis of
applications filed on or after January 18 1979.
(2) In the case of an individual who was entitled for the month of
December 1978 to monthly insurance benefits under subsection (e) of (f)
of section 202 of the Social Security Act to which the provisions of
subsection (e)(4) or (f)(5) applied, the Secretary shall, if such
benefits would be increased by the amendments made this section,
redetermine the amount of such benefits for months after December 1978
as if such amendments had been in effect for the first month for which
the provisions 202(e)(4) or 202(f)(5) became applicable.
(d) // 42 USC 402 note. // Where--,
(1) two or more persons are entitled to monthly benefits under
section 202 of the Social Security Act
// 42 USC 402. //
for December 1978 on the basis of the wages and self-employment
income of a deceased individual, and one or more of such persons
is so entitled under subsection (e) or (f) of such section 202,
and
(2) one or more of such persons is entitled on the basis of
such wages and self-employment income to monthly benefits under
subsection (e) or (f) of such section 202 (as amended by this
section) for January 1979, and
(3) the total of benefits to which all persons are entitled
under section 202 of such Act on the basis of such wages and
self-employment income for January 1979 is reduced by reason of
section 203(a) of such Act as amended by this Act (or would, but
for the first sentence of section 203(a)(4), be so reduced),
then the amount of the benefit to which each such person referred to in
paragraph (1) is entitled for nonths after December 1978 shall in no
case be less after the application of this section and such section
203(a) than the amount it would have been without the application of
this section.
Sec. 337. (a) Section 216(d) of the Social Security Act // 42 USC
416. // is amended by striking out "20 years" in paragraphs (1) and (2)
and inserting in lieu thereof in each instance "10 years".
(b) Section 202(b)(1)(G) of such Act is amended by striking out "20
years" and inserting in lieu thereof "10 years".
(c) // 42 USC 402 note. // The amendments made by this section shall
apply with respect to monthly benefits payable under title II of the
Social Security Act // 42 USC 401. // for months after December 1978,
and, in the case of individuals who are not entitled to benefits of the
type involved for December 1978, only on the basis of applications filed
on or after January 1, 1979.
Sec. 341. // 42 USC 902 note. // (a) The Secretary of Health, and
Education, and Welfare, in consultation with the Task Force on Sex
Discrimination in the Department of Justice, shall make a detailed
study, within the Department of Health, Education, and Welfare and the
Social Security Administration, of proprosals to eliminate dependency as
a factor in the determination of entitlement to spouse's benefits under
the program established under title II of the Social Security Act, and
of proposals to bring about equal treatment for men and women in any and
all respect under such program, taking into account the practical
effects (particularly the effect upon women's entitlement to such
benefits) of factors such as--,
(1) changes in the nature and extent of women's participation
in the labor force,
(2) the increasing divorce rate, and
(3) the economic value of women's work in the home.
The study shall include appropriate cost analyses.
(b) The Secretary shall submit to the Congress within six months
after the date of the enactment of this Act a full and complete report
on the study carried out under subsection (a).
Sec. 315. (a)(1) Sections 209(g)(3), 209(j), 209(j), 210(a)(17) (A),
and 210(f)(4)(B) of rhe Social Security Act // 42 USC 409, 410. // are
each amended by striking out "quarter" wherever it appears and inserting
in lieu thereof "year".
(2) Sections 209(g)(3) and 209(j) of such Act are each further
amended by striking out "$50" and inserting in lieu thereof "$100".
(3)(A) Section 209 of such Act is amended by striking out "or" at the
end of subsection (n), by striking out the period at the end of
subsection (o) and inserting in lieu thereof ";or", and by inserting
after subsection (o) the following new subsection:
"(p) Remuneration paid by an organization exempt from income tax
under section 501 of the Internal Revenue Code of 1954 // 26 USC 501.
// calendar year to an employee for service rendered in the employ of
such organization, if the renumeration paid in such year by the
organization to the employee for such service is less than $100.".
(B) Section 210(a)(10) of such Act is amended by striking out
"(10)(A)" and all that follows down through "(B) Service" and
inserting in lieu thereof "(10) Service", and by redesignating clauses
(i) and (ii) as subparagraphs (A) and (B), respectively.
(b) Section 212 of such Act // 42 USC 412. // is amended to read as
follows:
" Sec. 2 2. (a) For the purposes of determining average monthly wage
and quarters of coverage the amount of self-employment income derived
during any taxable year which begins before 1978 shall--,
"(1) in the case of a taxable year which is a calendar year, be
credited equally to each quarter of such calendar year; and
"(2) in the case of any other taxable year, be credited equally
to the calendar quarter in which such taxable year ends and to
each of the next three or fewer preceding quarters any part of
which is in such taxable year.
"(b) For the purposes of determining average indexed monthly
earnings, average monthly wage, and quarters of coverage the amount of
self-employment income derived during any taxable year which begins
after 1977 shall--,
"(1) in the case of a taxable year which is a calendar year or
which begins with or during a calendar year and ends with or
during such year, be credited to such calendar year; and
"(2) in the case of any other taxable year, be allocated
proportionately to the two calendar years, portions of which are
included within such taxable year, on the basis of the number of
months in each such calendar year which included completely within
the taxable year.
For purposes of clause (2), the calendar month in which a taxable year
ends shall be treated as included completely within that taxable year.".
.
(c) Section 213(a)(2) of such Act // 42 USC 413. // is amended to
read as follows:
"(2)(A) The term 'quarters of coverage' means--,
"(i) for calendar years before 1978, and subject to the
provisions of subparagraph (B), a quarter in which an individual
has been paid $50 or more in wages (except wages for agricultural
labor paid after 1954) or for which he has been credited (as
determined under section 212) with $100 or more of self-employment
income; and
"(ii) for calendar years after 1977, and subject to the
provisions of subparagraph (B), each portion of the total of the
wages paid and the self-employment income credited (pursuant to
section 212) to an individual in a calendar year which equals
$250, with such quarter of coverage being assigned to a specific
calendar quarter in such calendar year only if necessary in the
case of any individual who has attained age 62 or died or is under
a disability and the requirements for insured status in subsection
(a) or (b) of sction 214,
// 42 USC 414. //
the requirements for entitlement to a computation or recomputation
fo his primary insurance amount, or the requirements of paragraph
(3) of section 216(i)
// 42 USC 416. //
would not otherwise be met.
"(B) Notwithstanding the provisions of subparagraph (A)--,
"(i) no quarter after the quarter in which an individual dies
shall be a quarter of coverage, and no quarter any part of which
is included in a period of disability (other than the initial
quarter and the last quarter of such period) shall be a quarter of
coverage;
"(ii) if the wages paid to an individual in any calendar year
equal to $3,000 in the case of a calendar year before 1951, or
$3,600 in the case of a calendar year after 1950 and before 1955,
or $4,200 in the case of a calendar year after 1954 and before
1959,
or $4,800 in the case of a calendar year after 1958 and before
1966, or $6,600 in the case of a calendar year after 1965 and
before 1968, or $7,800 in the case of a calendar year after 1967
and before 1972, or $9,000 in the case of the claendar year 1972,
or $10,800 in the case of the calendar year 1973, or $13,200 in
the case of the calendar year 1974, or an amount equal to the
contribution and benefit base (as determined under section 230) in
the case of any calendar year after 1974 and before 1978 with
respect to which such contribution and benefit base is effective,
each quarter of such year shall (subject to clauses (i) and (v))
be a quarter of coverage;
"(iii) if an individual has self-employment income for a
taxable year, and if the sum of such income and the wages paid to
him during such year equals $3,600 in the case of a taxable year
beginning after 1950 and ending before 1955, or $4,200 in the case
of a taxable year ending after 1954 and before 1959, or $4,800 in
the case of a taxable year ending after 1958 and before 1966, or
$6,600 in the case of a taxable year ending after 1965 and before
1968, or $7,800 in the case of a taxable year ending after 1967
and before 1972, or $9,000 in the case of a baxable year beginning
after 1971 and before 1973, or $10,800 in the case of a taxable
year beginning after 1972 and before11974, or $13,200 in the case
of a taxable year beginning after 1973 and before 1975, or an
amount equal to the contribution and benefit base (as determined
under section 230) which is effective for the calendar year in the
case of any taxable year beginning in any calendar year after 1974
and before 1978, each quarter any part of which falls in such year
shall (subject to clauses (i) and (v) be a quarter of coverage;
"(iv) if an individual is paid wages for agricultural labor in
a calendar year after 1954 and before 1978, then, subject to
clauses (i) and (v), (I) the last quarter of such year which can
be but is not otherwise a quarter of coverage shall be quarter or
coverage if such wages equal or exceed $100 but are less than
$200; (II) the last two quarters of such year which can be but
are not otherwise quarters of coverage shall be quarters of
coverage if such wages equal or exceed $200 but are less than
$300; (III) the last three quarters of such year which can be but
are not otherwise quarters of coverage shall be quarters of
coverage if such wages equal or exceed $300 but are less than
$400; and (IV) each quarter of such year which is not otherwise a
quarter of coverage shall be a quarter of coverage if such wages
are $400 or more;
"(v) no quarter shall be counted as a quarter of coverage prior
to the beginning of such quarter;
"(vi) not more than one quarter of coverage may be credited to
a calendar quarter; and
"(vii) no more than four quarters of coverage may be credited
to any calendar year after 1977.
If in the case of an individual who has attained age 62 or died or is
under a disability and who has been paid wages for agricultural labor in
a calendar year after 1954 and before 1978, the requirements for insured
status in subsection (a) or (b) of section 214, // 42 USC 414. // the
requirements for entitlement to a computation or recomputation of his
primary insurance amount, or the requirements of paragraph (3) of
section 216(i) are not met after assignment of quarters of coverage to
quarters in such year as provided in clause (iv) of the preceding
sentence, but would be met if such quarters of coverage were assigned to
different quarters in such year, then such quarters of coverage shall
instead be assigned, for purposes only of determining compliance with
such requirements, to such different quarters. If, in the case of an
individual who did not die prior to January 1,1955, and who attained age
62 (if a woman) or age 65 (if a man) or died before July 1, 1957, the
requirements for insured status in section 214(a)(3) are not met because
of his having too few quarters of coverage but would be met if his
quarters of coverage in the first calendar year in which he had any
covered employment had been determined on the basis of the period during
which were earned rather than on the basis of the period during which
wages were paid (any such wages paid that are reallocated on an earned
basis shall not be used in determining quarters of coverafe foe
subsequent calendar years), then upon application filed by the
individual or his survivors and satisfactory proof of his record of
wages earned being furnished by such individual or his survivors, the
quarters of coverage in such calendar year may be determined on the
basis of the periods during which wages were earned.".
(d) // 42 USC 409 note. // The amendments made by subsection (a)
shall apply with respect to remuneration paid and services rendered
after December 31, 1977. The amendments made by subsections (b) and (c)
shall be effective January 1, 1978.
Sec. 352. (a) Section 213(a)(2)(A)(ii) of the Social Security Act,
as amended by section 351(c) of this Act, is amended by striking out
"$250" and inserting in lieu thereof "the amount required for a quarter
of coverage in that calendar year (as determined under subsection (d))".
(b) Section 213 of such Act is further amended by adding at the end
thereof the following new subsection:
"(d)(1) The amount of wages and self-employment income which an
individual must have in order to be credited with a quarter of coverage
in any year under subsection (a)(2)(A) (ii) shall be $250 in the
calendar year 1978 and the amount deternined under paragraph (2) of this
calendar year 1978 and the amount determined under paragraph (2) of this
subsection for years after 1978.
"(2) The Secretary shall, on or before November 1 of 1978 and of
every year thereafter, determine and publish in the Federal Register the
amount of wages and self-employment income which an individual must have
in order to be credited with a quarter of coverage in the succeeding
calendar year. The amount required for a quarter of coverage shall be
the larger of--,
"(A) the amount in effect in the calendar year in which the
determination under this subsection is made, or
"(B) the product of the amount prescribed in paragraph (1)
which is required for a quarter of coverage in 1978 and the ratio
of the average of the total wages (as defined in regulations of
the Secretary and computed without regard to the limitations
specified in section 209(a)) reported to the Secretary of the
Treasury or his delegate for the calendar year before the year in
which the deternination under this paragraph is made to the
average of the total wages (as so defined and computed) reported
to the Secretary of the Treasury or his delegate for 1976 (as
published in the Federal Register in accordance with section 215(
a)(1)(D)),
with such product, if not a multiple of $10, being rounded to the next
higher multiple of $10 where such amount is a multiple of $5 but not of
$10 and to the nearest multiple of $10 in any other case."
(c) // 42 USC 413 note. // The amendments made by this section shall
be effective January 1, 1978.
Sec. 353. (a)(1) Section 203(f)(8)(B)(i) of the Social Security Act
// 42 USC 403. // is amended by striking out "was" wherever it appoears
and inserting in lieu thereof "is".
(2) Section 203(f)(8)(B)(ii) of such Act is amended to read as
follows:
"(ii) the product of the exempt amount described in clause (i)
and the ratio of (I) the average of the total wages (as defined in
regulations of the Secretary and computed without regard to the
limitations specified in section 209(a)) reported to the Secretary
of the Treasury or his delegate for the calendar year before the
calendar year in which the deternination under subparagraph (A) is
made to (II) the average of the total wages (as so defined and
computed) reported to the Secretary of the Treasury or his
delegate for the calendar year before the most recent calendar
year in which an increase in the exempt amount was enacted or a
determination resulting in such an increase was made under
subparagraph (A), with such product, if not a multiple of $10,
being rounded to the next higher multiple of $10 where such
product is a multiple of $5 but not of $10 and to the nearest
multiple of $10 in any other case.".
(b)(1) The first sentence of section 218(c)(8) of such Act // 42 USC
418. // is amended by striking out "quarter" wherever it appears and
inserting in lieu thereof "year", and by striking out "$50" and
inserting in lieu thereof "$100".
(2) Section 218(g)(1) of such Act is amended by striking out
"quarter" and inserting in lieu thereof "year".
(3) Section 218(q)(4)(B) of such Act is amended by striking out "any
calendar quarters" and inserting in lieu thereof "a calendar year" and
by striking out "such calendar quarters" and inserting in lieu thereof
"such calendar year".
(4) Section 218(q)(6)(B) of such Act is amended by striking out
"calendar quarters designated by the State in such wage reports as the"
and inserting in lieu thereof "period or periods designated by the State
in such wage reports as the period or".
(5) Section 218(r)(1) of such Act is amended--,
(A) by striking out "quarter" in the matter before clause (A)
and inserting in lieu thereof "year",
(B) by striking out "in which occurred the calendar quarter" in
clause (A), and
(C) by striking out "quarter" in clause (B) and inserting in
lieu thereof "year".
(c)(1) Effective with respect to estimates for calendar years
beginning after December 31, 1977, section 224 (a) of such Act is
amended by striking out the last sentence.
(2) Section 224(f)(2) of such Act is amended to read as follows:
"(2) In making the redetermination required by paragraph (1), the
individual's average current earnings (as defined in subsection (a))
shall be deemed to be the product of --,
"(A) his average current earnings as initially determined under
subsection (a);
"(B) the ratio of (i) the average of the total wages (as
defined in regulations of the Secretary and computed without
regard to the limitaions specified in section 209(a))
// 42 USC 409 //
reported to the Secretary of the Treasury or his delegate for the
calendar year before the year in which such redetermination is
made to (ii) the average of the total wages (as so defined and
computed) reported to the Secretary of Treasury or his delegate
for calendar year 1977 or, if later, the calendar year before the
year in which the reduction was first computed (but not countins
any reduction made in benefits for a previous period of
disability); and
"(C) in any case in which the reduction was first computed
before 1978, the ratio of (i) the average of the taxable wages
reported to the Secretary for the first calendar quarter of 1977
to (ii) the average of the taxable wages reported to the Secretary
for the first calendar quarter of the calendar year before the
year in which the reduction was first computed (but not counting
any reduction made in benefits for a previous period of
disability).
Any amount determined under this paragraph which is not a multiple of $1
shall be reduced to the next lower multiple of $1.".
(d) Section 229(a) of such Act // 42 USC 429. // is amended--,
(1) by striking out "shall be deemed to have been paid, in each
calendar quarter occurring after 1956 in which he" and inserting
in lieu thereof ",if he", and
(2) by striking out "wages (in addition to the wages actually
paid to him for such service) of $300." at the end thereof and
inserting in lieu thereof the following: "shall be deemed to have
been paid--,
"(1) in each calendar quarter occurring after 1956 and before
1978 in which he was paid such wages, additional wages of $300,
and
"(2) in each calendar year occurring after 1977 in which he was
paid such wages, additional wages of $100 for each $300 of such
wages, up to a maximum of $1,200 of sdditional wages for any
calendar year.".
(e)(1) Section 230(b) of such Act // 42 USC 430. // is amended by
striking out the last sentence.
(2) Section 230(b)(1) of such Act is amended to read as follows:
"(1) the contribution and benefit base which is in effect with
respect to remuneration paid in (and taxable years beginning in)
the calendar year in which the determination under subsection (a)
is made, and".
(3) Section 230(b)(2) of such Act is amended to read as follows:
"(2) the ratio of (A) the average of the total wages (as
defined in regualtions of the Secretary and computed without
regard to the limitations specified in section 209(a))
// USC 409 //
reported to the Secretary for the Treasury or his delegate for the
calendar year before the calendar year in which the dtermination
under subsection (a) is made to (B) the average of the total wages
(as so defined and computed) reported to the Secretary of the
Treasury or his delegate for the calendar year before the most
recent calendar year in which and increase in the contribution and
benefit base was enacted or a determination resulting in such an
increase was made under subsection(a),".
(f)(1) Effective with respect to convictions after December 31, 1977,
section 202(u)(1)(C) of such Act // 42 USC 402. // is amended by
striking out "quarter" wherever it appears and insering in lieu thereof
"year".
(2)(A) Section 205(c)(1) of such Act // 42 USC 405. // is amended by
striking out "(as defined in section 211 (e)".
(B) Section 205(c)(1) of such Act is further amended by adding at the
end thereof the following new subparagraph:
"(D) The term 'period' when used with respect to
self-employment income means a taxable year and when used with
respect to wages means--,
"(i) a quarter if wages were reported or should have been
reported on a quarterly basis on tax returns filed with the
Secretary of the Treasury or his delegate under section 6011 of
the Internal Revenue Code of 1954
// 26 USC 6011. //
or regulations there-under (or on reports filed by a State under
section 218(e)
// 42 USC 418. //
or regulations thereunder),
"(ii) a year if wages were reported or should have been
reported on a yearly basis on such tax returns or reports, or
"(iii) the half year beginning January 1 or July 1 in the case
of wages which were reported or should have been reported for
calendar year 1937.".
(C) Section 205(o) of such Act // 42 USC 405. // is amended by
inserting "before 1978" after "calendar year".
(g) // 42 USC 418 note. // The amendments made by subsection (b) of
this section shall apply with respect to remuneration paid after
December 31, 1977, except that the amendment made by subsection (b)(2)
shall apply with respect to notices submitted by the States to the
Secretary after the date of the enactment of this Act. The amendments
made by subsections (d) and (f)(2) shall be effective January 1, 1978.
Except as otherwise specifically provided, the remaining amendments made
by this section shall be effective January 1, 1979.
Sec. 355. (a) Section 3102(a) of the Internal Revenue Code of 1954
// 26 USC 3102. // is amended by striking out "or (C) or (10)", and by
inserting after "is less than $50;" the following: "and an employer who
in any calendar year pays to an employee cash remuneration to which
paragraph (7)(C) or (10) of section 3121(a) is applicable may deduct an
amount equivalent to such tax from any such payment of remuneration,
even though at the time of payment the total amount of such remuneration
paid to the employee by the employer in the calendat year is less than
$100;".
(b)(1) Paragraph (1) and (2) of section 3102(c) of such Code are each
amended by striking out "quarter" wherever it appears and by inserting
in lier thereof "year".
(2) Paragraph (3) of section 3102(c) of such Code is amended--,
(A) by striking out "quarter of the" in subparagraph (A); and
(B) by striking out "quarter" wherever it appears in
subparagraphs (B) and (C) and inserting in lieu thereof "year".
(c) // 26 USC 3102 note. // The amendments made by this section
shall apply with respect to remuneration paid and to tips received after
December 31, 1977.
Sec. 356. (a) Sections 3121(a)(7)(C) and 3121(a)(10) // 26 USC 3121.
// of the Internal Revenue Code of 1954 are each amended by striking
out "quarter wherever it appears and inserting in lieu thereof "year",
and by striking out "$50" and inserting in lieu thereof "$100".
(b) Section 3121(a) of such Code is amended by striking out "or) at
the end of paragraph (14), by striking out the period at the end of
paragraph (15) and inserting in lieu thereof ";or", and by adding after
paragraph (15) the following new paragraph:
"(16) remuneration paid by an organization exempt from income
tax under section 501(a)
// 26 USC 501. //
other than an organization described in section 401(a)) or under
section 521
// 26 USC 401, 521. //
in any calendar year to an employee for service rendered in the
employ of such organization, if the remuneration paid in such year
by the organization to the employee for such service is less than
$100.".
(c) Section 3121(b)(10) of such Code is amended by striking out
"(10)(A)" and all that follows down through "(B) service" and inseriting
in lieu thereof "(10) service", and redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively.
(d) Sections 3121(b)(17)(A) and 3121(g)(4)(B) of such Code are each
amended by striking out "quarter" and inserting in lieu thereof "year".
(e) // 26 USC 3121 note. // The amendements made by this section
shall apply with respect to remuneration paid and services rendered
after December 31, 1977.
sec. 358. (a) The last sentence of section 3(f)(1) of the
Railroad Retirement Act of 1974 // 45 USC 231b. // is amended--,
(1) by inserting "paid before 1978" after "in the case of
wages", and
(2) by inserting "and in the case of wages paid after 1977"
before the period at the end thereof.
(b) // 42 USC 231b note. // The amendments made by this section
shall be effective January 1, 1978.
Sec. 361. // 42 USC 907a. // (a)(1) There is hereby established a
commission to be known as the National Commission on Social Security
(hereinafter referred to as the " Commission").
(2)( The Commission shall consist of--,
(i) five members to be appointed by the President, by and with
the advice and consent of the Senate, one of whom shall, at the
time of appointment, be designated as Chairman of the Commission;
(ii) two members to be appointed by the Speaker of the House of
Representatives; and
(iii) two members to be appointed by the President pro tempore
of the Senate.
(B) At no time shall more than three of the members appointed by the
President, one of the members appointed by the Speaker of the House of
Representatives, or one of the members appointed by the President pro
tempore of the Senate be members of the same political party.
(C) The membership of the Commission shall consist of individuals who
are of recognized standing and distinction and who possess the
demonstrated capacity to discharge the duties imposed on the Commission,
and shall include representatives of the private insurance industry and
of recipients and potential recipeints of benefits under the programs
invoved as well as individuals whose capacity is based on a special
knowledge or expertise in those programs. No individual who is
otherwise an officer or full-time employee of the United States shall
serve as a member of the Commission.
(D) The Chairman of the Commission shall designate a member of the
Commission to act as Vice Chairman of the Commission.
(E) A majority of the members of the Commission shall constitute a
quorum, but a lesser number may conduct hearings.
(F) Members of the Commission shall be appointed for a term of two
years.
(G) A vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner as that herein provided for the
appointment of the member first appointed to the vacant position.
(3) Members of the Commission shall receive $138 per diem while
engaged in the actual performance of the duties vested in the
Commission, plus reimbursement for travel. subsistence, and other
necessary expenses incurred in the performance of such duties.
(4) The Commission shall meet at the call of the Chairman, or at the
call of a majority of the members of the Commission; but meetings of
the Commission shall be held not less frequently than once in each
calendar month which begins after a majority of the authorized
membership of the Commission has first been appointed.
(b)(1) It shall be the duty and function of the Commission to conduct
a continuing study, investigation, and review of--,
(A) the Federal old-age, survivors, and disability insurance
program established by title II of the Social Security Act;
// 42 USC 401. //
and
(B) the health insurance programs established by title XVIII of
such Act.
// 42 USC 1395. //
(2) Such study, investigation, and review of such programs shall
include (but not be limited to)--,
(A) the fiscal status of the trust funds established for the
financing of such programs and the adequacy of such trust funds to
meet the immediate and long-range financing needs of such
programs;
(B) the scope of coverage, the adequacy of benefits including
the measurement of an adequate retirement income, and the
conditions of qualification for benefits provided by such programs
including the application of the retirement income test to
unearned as well as earned income;
(C) the impact of such programs on, and their relation to,
public assistance programs, nongovernmental retirement and annuity
programs, medical service delivery systems, and national
employment practices;
(D) any inequities (whether attributable to provisions of law
relating to the establishment and operation of such programs, to
rules and regulations promulgated in connection with the
administration of such programs, or to administrative practices
and procedures employed in the carrying out of such programs)
which affect substantial numbers of individuals who are insured or
otherwise eligible for benefits under such programs, including
inequities and inequalities arising out of marital status, sex, or
similar classifications or categories;
(E) possible alternatives to the current Federal prograns or
particular aspects thereof, including but not limited to (i) a
phasing out of the payroll tax with the financing of such programs
being accomplished in some other manner (including general revenue
funding and the retirement bond), (ii) the establishment of a
system providing for mandatory participation in any or all of the
Federal programs, (iii) the integration of such current Federal
programs with private retirement programs, and (iv) the
establishment of a system permitting covered individuals a choice
of public or private programs or both;
(F) the need to develop a special Consumer Price Index for the
elderly, including the financial impact that such an index would
have on the costs of the programs established under the Social
Security Act;
// 42 USC 1305. //
and
(G) methods for effectively implementing the recommendations of
the Commission.
(3) In order to provide an effective opportunity for the general
public to participate fully in the study, investigation, and review this
section, the Commission, in conducting such study, investigation, and
review, shall hold public hearings in as many different geographical
areas of the country as possible. The residents of each area where such
a hearing is to be held shall be given reasonable advance notice of the
hearing and an adequate opportunity to appear and express their views on
the matters under consideration.
(c)(1) No later than four months after the date on which a majority
of the authorized membership of the Commission is initially appointed,
the Commission shall submit to the President and the Congress a special
report describing the Commission's plans for conducting the study,
investigation, and review under subsection (b), with particular
reference to the scope of such study, investigation, and review and the
methods proposed to be used in conducting it.
(2) At or before the close of each of the first two years after the
date on which a majority of the authorized membership of the Commission
is initially appointed, the Commission shall submit to the President and
the Congress an annual report on the study, investigation, and review
under subsection (b), together with its recommendations with respect to
the programs involved. The second such report shall constitute the
final report of the Commission on such study, investigation, and review,
and shall include its final recommendations; and upon the submission of
such final report the Commission shall cease to exit.
(d)(1) The Commission shall appoint an Executive Director of the
Commission who shall be compensated at a rate fixed by the Commission,
but which shall not exceed the rate established for level V of the
Executive Schedule by title 5, United States Code. // 5 USC 5316. //
(2) In addition to the Executive Director, the Commission shall have
the power to appoint and fix the compensation of such personnel as it
deems advisable, in accordance with the provisions of title 5, United
States Code, governing appointments to the competitive service, and the
provisions of chapter 51 and subchapter 51 and subchapter III of chapter
53 of such title, // 5 USC 5101 et seq., 5331. // relating to
classification and General Schedule pay rates.
(e) In carrying out its duties under this section, the Commission, or
any duly authorized committee thereof, is authorized to hold such
hearings sit and act at such times and places, and take such testimony,
with respect to matters with respect to which it has a responsibility
under this section, as the Commission or such committee may deem
advisable, The Chairman of the Commission or any member authorized by
him may administer oaths or affirmations to witnesses appearing before
the Commission or before any committee thereof.
(f) The Commission may secure directly from any department or agency
of the United States such data and information as may be necessary to
enable it to carry out its duties under this section. Upon request of
the Chairman of the Commission, any such department or agency shall
furnish any such data or information to the Commission.
(g) The General Services Administration shall provide to the
Commission, on a reimbursable basis such administrative support services
as the Commission may request.
(h) There are hereby authorized to be apporpriated such sums as may
be necessary to carry out this section.
(i) It shall be the duty of the Health Insurance Benefits Advisory
Council (established by section 1867 of the Social Security Act) // 42
USC 1395dd. // to provide timely notice the Commission of any meeting,
and the Chairman of the Commission (or his delegate shall be entitled to
attend any such meeting.
Sec. 371. // 42 USC 1383 note. // The persons who were appointed to
serve as hearing examiners under section 1631(d)(2) of the Social
Security Act // 42 USC 1383. // as in effect prior to January 2, 1976),
and who by section 3 of Public Law 94 - 202 // 42 USC 1383 note. //
were deemed to be appointed under section 3105 of title 5, United States
Code (with such appointments terminating no later than at the close of
the period ending December 31, 1978), shall be deemed appointed to
career-absolute positions as hearing examiners under and in accordnace
with section 3105 of title 5, United States Code, with the same
authority and tenure (without regard to the expiration of such period)
as hearing examiners appointed directly under such section 3105, and
shall receive compensation at the same rate as hearing examiners
appointed by the Secretary of Health, Education, and Welfare directly
under such section 3105. All of the provisions of title 5, United
States Code, // 5 USC 101 et seq. // and the regualtions promulgated
pursuant thereto, which are applicable to hearing examiners appointed
under such section 3105, shall apply to the persons described in the
preceding sentence.
Sec. 372. // 42 USC 907 note. // notwithstanding the provisions of
section 706(d) of the Social Security Act, // 42 USC 907. // the report
of the Advisory Council on Social Security which is due not later than
January 1, 1979, may be filed at any date prior to October 1, 1979.
Sec. 401. Section 403 of the Social Security Act // 42 USC 603. //
is amended--,
(1) in subsection (a), by adding at the end thereof the
following new paragraph:
" In the case of calendar quarters beginning after September 30,
1977, and prior to April 1, 1978, the amount ot be paid to each State
(as determined under the preceding provisions of this subsection or
section 1118, // 42 USC 1318. // as the case may be ) shall be
increased in accordance with the provisions of subsection (i) of this
section."; and
(2) by adding at the end thereof the following new subsection:
"(i)(1) In the case of any calendar quarter which begins after
September 30, 1977, and prior to April 1, 1978, the amount payable (as
determined under subsection (a) or section 1118, as the case may be) to
each State which has a State plan approved under this par shall (subject
to the succeeding paragraphs of this subsection) be increased by an
amount equal to the sum of the following:
"(A) an amount which bears the same ratio to $46,750,000 as the
amount expended as aid to families with dependent children under
the State plan of such State during the month of December 1976
bears to the amount expended as aid to families with dependent
children under the State plans of all States during such month,
and
"(B)(i) in the case of Puerto Rico, Guam, and the Virgin
Islands, an amount equal to the amount determined under
subparagraph (A) with respect to such State, or
"(ii) in the case of any other State, an amount which bears the
same ratio to $46,750,000, minus the amounts determined under
clause (i) of this subparagraph, as the amount allocated to such
State under section 106 of the State and Local Fiscal Assistance
Act of 1972,
// 31 USC 1225. //
for the most recent entitlement period for which allocations have
been made under such section prior to the date of the enactment of
this subsection, bears to the total of the amounts allocated to
all States under such section 106 for such period.
"(2) As a condition of any State receiving an increase, by reason of
the application of the foregoing provisions of this subsection (a) or
under section 1118 // 42 USC 1318. // (as the case may be),such State
must agree to pay to any political subdivision thereof which
participates in the cost of the State's plan approved under this part,
during any calendar quarter with respect to which such increase applies,
so much of such increase as does not exceed 100 per centum of such
political subdivision's financial contribution to the State's plan for
such quarter.
"(3) Notwithstanding any other provision of this part, the amount
payable to any State by reason of the preceding provisions of this
subsection for calendar quarters prior to April 1, 1978, shall be made
in a single installment, which shall be payable as shortly after October
1, 1977, as is administratively feasible.".
Sec. 402. (a) Section 403 of the Social Security Act is amended by
adding after subsection (i) (as added by section 401 of this Act) the
following new subsection:
"(j) If the dollar error rate of aid furnished by a State under its
State plan approved under this part with respect to any six-month
period, as based on samples and evaluations thereof, is--,
"(1) at least 4 per centum, the amount of the Federal financial
participation in the expenditures made by the State in carrying
out such plan during such period shall be determined without
regard to the provisions of this subsection; or
"(2) less than 4 per centum, the mount of the Federal financial
participation in the expenditures made by the State in carrying
out such plan during such period shall be the amount determined
without regard to this subsection, plus, of the amount by which
such expenditures are less than they would have been if the
erroneous excess payments of aid had been at a rate of 4 per
centum--,
"(A) 10 per centum of the Federal share of such amount, in case
such rate is not less than 3.5 per centum,
"(B) 20 per centum of the Ferderal share of such amount, in
case such rate is at least 3.0 per centum by less than 3.5 per
centum,
"(C) 30 per centum of the Federal share of such amount, in case
such rate is at least 2.5 per centum but less than 3.0 percentum,
"(D) 40 per centum of the Federal share of such amount, in case
such rate is at least 2.0 per centum but less than 2.5 per centum,
"(E) 50 per centum of the Federal share of such amount, in case
such rate is less than 2.0 per centum.
For purposes of this subsection (i) the term 'dollar error rate of aid'
means the total of the dollar error rates of aid for (I) payments to
ineligible families receiving assistance; (II) overpayments to eligible
families receiving assistance; (III) underpayments to eligble families
receiving assistance; and (IV) nonpayments to eligible families not
receiving assistance due to erroneous terminations or denials, and (ii)
the term 'erroneous excess payments,' means the total of (I) erroneous
payments to ineligible families receiving assistance, and (II)
overpayments to eligible families receiving assistance.".
(b) // 42 USC 603 note. // Payments may be made under the amendment
made by subsection (a) only in the case of periods commencing on or
after January 1, 1978.
Sec. 403. (a) Part A of title IV of the Social Security Act is
amended by adding after section 410 the following new section:
" Sec. 411. // 42 USC 611. // (a) Notwithstanding any other
provision of law, the Secretary shall make available to States and
political subdivisions thereof wage information contained in the records
of the Social Security Administration which is necessary (as determined
by the Secretary in regulations) for purposes of determining an
individual's eligibility for aid or services, or the amount of such aid
or services, under a State plan for aid and services to needy families
with children approved under this part, and which is specifically
requested by such State or political subdivision for such purposes.
"(b) The Secretary shall establish such safeguards as are necessary
(as determined by the Secretary under regulationd) to insure that
information made available under the provisions of this section is used
only for the puposes authorized by this section.".
(b) Section 3304(a) of the Federal Unemployment Tax Act // 26 USC
3304. // is amended by rdesignating paragraph (16) as paragraph (17)
and by inserting after paragraph (15) the following new paragraph:
"(16)(A) wage information contained in the records of the
agency administering the State law which is necessary (as
determined by the Secretary of Health, Education, and Welfare in
regulations) for purposes of determining an individual's
eligibility for aid or services, or the amount of such aid or
services, under a State plan for aid and services to needy
families with children approved under part A of title IV of the
Social Security Act,
// 42 USC 601 //
shall be made available to a State or political subdivision
thereof when such information is specifically requested by such
State or political subdivision for such purposes, and
"(B) such safeguards are established as are mecessary (as
determined by the Secretary of Health, Education, and Welfare in
regulations) to insure that such information is used only for the
purposes authorized under subparagraph (A);".
(c) Section 402(a) of the Social Security Act // 42 USC 602. // is
amended--,
(1) by striking out the word "and" at the end of paragraph
(27);
(2) by striking out the period at the end of paragraph (28) and
inserting in lieu thereof a semicolon and the word "and"; and
(3) by adding at the end thereof the following new paragraph:
"(29) effective October 1, 1979, provided that wage information
available from the Social Security Administration under the
provisions of section 411 of this Act,
// 42 USC 611. //
and wage information available (under the provisions of section
3304(a)(16) of the Federal Unemployment Tax Act
// 26 USC 3304. //
from agencies administering State unemployment compensation laws,
shall be requested and
utilized to the extent permitted under the provisions of such
sections;
except that the State shal not be required to request such
information from the Social Security Administration where such
information is available from the agency administering the State
unemployment compensation laws.".
(d) The amendments made by this section shall be effective on the
date of the enactment of this Act. // 42 USC 602 note. //
Sec. 404. Section 1115 of the Social Security Act // 42 USC 1315.
// is amended--,
(1) by inserting "(a)" after " Sec. 1115.";
(2) by redesignating subsections (a) and (b) as paragraphs (1)
and (2), respectively; and
(3) by adding at the end thereof the following new subsection:
"(b)(1) In order to permit the States to achieve more efficient and
effective use of funds for public assistance, to reduce dependency, and
to improve the living conditions and increase the incomes of individuals
who are recipients of public assistance, any State having an approved
plan under part A of title IV // 42 USC 601. // may, subject to the
provisions of this subsection, establish and conduct not more than three
demonstration projects. In establishing and conducting any such project
the State shall--,
"(A) provide that not more than one such project be conducted
on a statewide basis;
"(B) provide that in making arrangements for public service
employment--,
"(i) appropriate standards for the health safety, and other
conditions applicable to the performance of work and training on
such project are established and will be maintained
"(ii) such project will not result in the displacement of
employed workers,
(iii) each participant in such project shall be compensated for
work performed by him at an hourly rate equal to the prevailing
hourly wage for similar work in the locality where the participant
performs such work (and, for purposes of this clause, benefits
payable under the State's plan approved under part A of title IV
of the family of which such participant is a member shall be
regarded as compensation for work performed by such participant),
"(iv) with respect ot such project the conditions of work,
training, education, and employment are reasonable in the light of
such factors as the type of work, geographical region, and
proficiency of the participant, and
"(v) appropriate workmen's compensation protection is provided
to all participants; and
"(C) provide that participation in such project by any individual
receiving aid to families with dependent children be voluntary.
"(2) Any State which establishes and conducts demonstration projects
under this subsection may, subject to paragraph (3), with respect to amy
such project--,
"(A) waive, subject to paragraph (3), any or all of the
requirements of sections 402(a)(1)
// 42 USC 602. //
(relating to statewide operation), 402(a)(3) (relating to
administration by a single State agency), 402(a)(8) (relating to
disregard of earned income), except that no such waiver of 402(
a)(8) shall operate to waive any amount in excess of one-half of
the earned imcome of any individual, and 402 (a)(19) (relating to
the work incentive program);
"(B) subject to paragraph (4), use to cover the costs of the
project such funds as are appropriated for payment ot such State
with respect ot the assistance which is or would, except for
participation in a project under this subsection, be payable to
individuals participating in such projects under part A of title
IV for any fiscal year in which such projects are conducted; and
"(C) use such funds as are appropriated for payments to States
under the States and Local Fiscal Assistance Act of 1972
// 31 USC 1221 note. //
for any fiscal year in which the project is conducted to cover so
much of the costs of salaries for individuals participating in
public service employment as is not covered through the use of
funds made available under subparagraph (B).
"(3)(A) Any State which wishes to establish and conduct demonstration
projects under the provisions of this subsection shall submit an
application to the Secretary in such form and containing such
information as the Secretary may require. Whenever any State submits
such an application to the Secretary, it shall at the same time issue
public notice of that fact together with a general description of the
project with respect to which the application is submitted, and shall
invite comment thereon from interesed parties and comments thereon may
be submitted, within the 30-day period beginning with the date the
application is submitted to the Secretary, to the State or the Secretary
by such parties. The State shall also make copies of the application
available for public inspection. The Secretary shall also immediately
publish a summary of the proposed project, make copies of the
application available for public inspection, and receive and consider
comments submitted with respect to the applicationl A State shall be
authorized to proceed with a project submitted under this subsection--,
"(i) when such application has been approved by the Secretary
(which shall be no earlier than 30 days following the date the
application is submitted to him), or
"(ii) 60 days after the date on which such application is
submitted to the Secretary unless, during such 60 day period, he
denies the application.
"(B) Notwithstanding the provisions of paragraph (2)(A), the
Secretary may review any waiver made by a State under such paragraph.
Upon a finding that any waiver is inconsistent with the purposes of this
subsection and the purposes of part A of title IV, // 42 USC 601. //
the Secretary may disapprove such waiver. The project with respect to
which any such disapproved waiver was made shall be terminated by such
State not later than the last day of the month following the month in
which such waiver was disapproved.
"(4) Any amount payable to a State under section 403(a) on
behalf of an individual paricipating in a project under this
section shall not be increased by reason of the participation of
such individual in any demonstration project conducted under this
subsection over the amount which would be payable if such
individual were receiving aid to families with dependent children
and not participating in such project.
"(5) Participation in a project established under this section
shall not be considered to constitute employment for purposes of
any finding with respect to 'enemployment' as that term is used in
section 407.
// 42 USC 607. //
"(6) Any demonstration project established and conducted
pursuant to the provisions of this subsection shall be conducted
for not longer than two years. All demonstration projects
established and conducted pursuant to the provisions of this
subsection shall be terminated not later than September 30,
1980.".
Sec. 405. // 42 USC 1383 note. // (a) Notwithstanding any other
provision of law, the Secretary of Health, Education, and Welfare is
authorized and directed to pay to each State an amount equal to the
amount expended by such State for erroneous supplementary payments to
aged, blind, or disabled individuals whenever, and to the extent to
which, the Secretary through an audit by the Department of Health,
Education, and Welfare whcih has been reviewed and concurred in by the
Inspector General of such department determines that--,
(1) such amount was paid by such State as a supplementary
payment during the calendar year 1974 pursuant to an agreement
between the State and the Secretary required by section 212 of the
Act entitled " An Act to extend the Renegotiation Act of 1951 for
one year, and for other purposes",
// 87 Stat. 155. //
approved July 9, 1973, or such amount was paid by such state as an
optionsl State supplementation, as defined in section 1616 of the
Social Security Act,
// 42 USC 1382e. //
during the calendar year 1974,
(2) the erroneous payments were the result of good faith
reliance by such State upon erroneous or incomplete information
supplied by the Department of Health, Education, and Welfare,
through the State data exchange, or good faith reliance upon
incorrect supplemental security income benefit payments made by
such department, and
(3) recovery of the erroneous payments by such State would be
impossible or unreasonable.
(b) There are authorized to be appropriated such sums as are
necessary to carry out the provisions of this section.
Sec. 501. (a) Section 1861(s)(6) of the Social Security Act // 42
USC 1395x. // is amended by inserting after "wheelchairs" the
following: "(which may include a power-operated vehicle that may be
appropriately used as a wheelchair, but only where the use of such a
vehicle is determined to be necessary on the basis of the individual's
medical and physical condition and the vehicle meets such safety
requirements as the Secretary may prescribe)".
(b) Section 1842(b)(3) of such Act // 42 USC 1395u. // is amended by
inserting after the fourth sentence thereof the following new sentence:
" With respect to power-operated wheelchairs for which payment may be
made in accordance with section 1861(s)(6), charges determined to be
reasonable may not exceed the lowest charge at which power-operated
wheelchairs are available in the locality."
(c) // 42 USC 1395x note. // The amendments made by this section
shall be effective in the case of items and services furnished after the
date of the enactment of this Act.
Sec. 502. (a) Section 328 of the Federal Election Campaign Act of
1971 (2 U.S.C. 441i) is amended--,
(1) by inserting "(a) immediately after " Sec. 328. ", and
(2) by adding at the end thereof the following new subsections:
"(b) If an honorarium payable to a person is paid instead at his
request to a charitable organization selected by payor from a list of 5
or more charitable organizations provided by that person, that person
shall not be treated, for purposes of subsection (a), as accepting that
honorarium. For purposes of this subsection, the term 'charitable
organization' means an organization described in section 170(c) of the
Internal Revenue Code of 1954. // 26 USC 170. //
"(c) For purposes of determining the aggregate amount of
honorariums received by a person during any calendar year, amounts
returned to the person paying an honorarium before the close of
the calendar year in which it was received sahll be disregarded.
"(d) For purposes of paragraph (2) of subsection (a), an
honorarium shall be treated as accepted only in the year in which
that honorarium is received.".
(b)
// 2 USC 441i note. //
The amendments made by subsection (a) shall apply with respect to
any honorarium received after December 31, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 702, pt. I (Comm. on Ways and Means), No.
95 - 702, pt. II Comm. on Post Office and Civil Service) and No. 95 -
837 (Comm. of Conference).
SENATE REPORT No. 95 - 572 accompanying H.R. 5322 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 26, 27, considered and passed House.
Nov. 1 - 4, considered and passed Senate, amended.
Dec. 15, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 52:
Dec. 20, Presidential statement.
PUBLIC LAW 95-215, 91 Stat. 1503
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 771(
b)(3) of the Public Health Service Act // 42 USC 295f-1. // as amended
to read as follows:
"(3)(A) Except as provided under subparagraph (D), a school of
medicine may not receive a grant under section 770 be made in the fiscal
year ending September 30, 1978, unless its application for such grant
contains or is supported by assurances satisfactory to the Secretary
that such school will increase its enrollment of full-time, third-year
students as prescribed by subparagraph (B). // 42 USC 295f. //
"(B) The enrollment increase referred to in subparagraph (A) is an
enrollment increase in a school of medicine--
"(i) which is to occur in school year 1978-1979,
"(ii) in the number of full-time, third-year students over the
number of full-time, second-year students who successfully
completed the second-year program of such school in the preceding
school year and enrolled in the third-year class of such school,
and
"(iii) which is not less than 5 per centum of the number of--
"(I) full-time, first-year students enrolled in suych school in
school year 1977-1978, or
"(II) full-time, third-year students enrolled in such school in
school year 1977-1978, whichever is less.
"(C) In determining the number of full-time, third-year students
enrolled in a school in a school year in which an increase is required
by subparagraph (B)(i)--
"(i) full-time, third-year students of such school who were not
second-year students in such school and --
"(I) who are not citiaens of the United States,
"(II) who were previously enrolled in a school of medicine to
which the requirement of subparagraph (A) applies,
"(III) who were previously enrolled in a school of medicine to
which the rewuirement of subparagraph (A) does not apply because
of subparagraph (D) and for whom a position in the third-year
class of such school was available in such school year,
"(IV) who first enrolled after October 12, 1976, in a school of
medicine not in a State,
"(V) who were previously enrolled in a school of dentistry or a
school of osteopathy,or
"(VI) who were previously enrolled in a school of medicine
which is in a State and which is not accredited by the body or
bodies approved for such purpose by the Commissioner of Education,
shall not be counted; and
"(ii) full-time, second-year students enrolled in such year who
are citizens of the United States and who were first enrolled
shall be counted as third-year students.
"(D) The Secretary may waive (in whole or in part) the requirement of
subparagraph (A) for a school of medicine--,
"(i) if the Secretary determines, after receiving the written
recommendation of the appropriate accreditation body or bodies
(approved for such purpose by the Commissioner of Education) that
compliance by such school with such requirement will prevent it
from maintaining its accreditation;
"(ii) upon a finding that, because of the inadequate size of
the population served by the hospital or clinical facility in
which such school conducts its clinical training, an increase in
its enrollment of third-year students to meet such requirement
will prevent it from providing high quality clinical training for
each of its third-year students; or
"(iii) if the Secretary determines that such school has made a
good faith effort to meet the requirement of subparagraph (A) but
has been unable to meet such requirement solely because there is
an insufficient number of students who, under this paragraph, are
eligible to be counted in derterming if the school has met such
requirement.
The requirement of subparagraph (A) does not apply to the application
of a school of medicine for a grant under section 770 // 42 USC 295f.
// if in school year 1977-1978 such school had an enrollment of
full-time, first-year students which exceeded its enrollment in such
school year of full-time, third-year students by at least 25 per centum.
"(E) A school of medicine which did not receive a grant under section
770 because it did not comply with the applicable requirements of this
paragraph shall not be eligible to receive a grant under such section to
be made in the fiscal year ending September 30, 1979, or in the next
fiscal year.".
(b) Section 772 of the Public Health Service Act is amended by adding
at the end thereof the following new subsection:
"(e) For purposes of administering the requirements of section 771,
// 42 USC 295f-2. // a reference to a year class of sudents is a
reference to students enrolled in that class for the first time.".
Sec. 2. Section 771(d)(2) of the Public Health Service Act // 42 USC
295f-1. // is amended (1) by striking out " In and inserting in lieu
thereof " In the case of a school of dentistry which in school year
1976-1977 had at least six filled, first-year positions in dental
specialty programs, in", (2) by striking out "a school of dentistry's
and inserting in lieu thereof "such a school's", (3) by striking out
"filled, positions" each place it occurs and inserting in lieu thereof
"filled, first-year positions", and (4) by striking out "shall be
positions" and inserting in lieu therof "shall be first-year positions".
Sec. 3. (a) Subsection (a) of section 748 of the Public Health
Service Act // 42 USC 294r. // is amended to read as follows:
"(a) The Secretary may made grants to--,
"(1) accredited schools of public health, and
"(2) other public or nonprofit institutions which provide
graduate or specialized traning in public health and which are not
eligible to receive a grant under section 749, to provide
traineeships".
(b) Section 748(b)(3)(B) of such Act // 42 USC 294r. // is amended
(1) by striking out "or" at the end of clause (iii), (2) by striking out
the period at the end of clause (iv) and inserting in lieu thereof ",
or" and (3) by adding after such clause the following:
"(v) preventive medicine or dentistry.".
(c) Section 748(c) of such Act is amended (1) by striking out
"$8,000,000" and inserting in lieu there of "$9,000,000", and (2) by
striking out "$9,000,000" and inserting in lieu thereof "$10,000,000".
(d) The heading for section 748 of such Act is amended to read as
follows:
Sec. 4. (a) Subsection (a)(1) of section 731 of the Public Health
Service Act // 42 USC 294d. // (relating to eligibility of student
borrowers and terms of federally insured student loans) is amended to
read as follows:
"(1) made to--
"(A) a student who--
"(i)(I) has been accepted for enrollment at any eligible
institution, or (II) in the case of a student attending an
eligible institution, is in good standing at that institution as
determined by the institution;
"(ii) is or will be a full-time student (as defined in section
770(c)(2))
// 42 USC 295f. //
at the eligible institution;
"(iii) in the case of a student in a school of medicine,
osteopathy, or dentistry, has been authorized by the institution
in accordance with section 739(b)(2)
// 42 USC 294l. //
to receive a loan under this subpart;
"(iv) has agreed that all funds received under such loan shall
be used solely for tuition and other reasonable educational
expenses including fees, books, and laboratory expenses, incurred
by such students;
"(v) for the school year for which such loan is made, receives
no funds from a loan insured under a Federal, State, or nonprofit
program provided or assisted under part B of title IV of the
Higher Education Act of 1965;
// 20 USC 1071. //
and
"(vi) in the case of a pharmacy student, has satisfactorily
completed three years of training; or
"(B) an individual who--
"(i) has previously had a loan insured under this subpart when
the individual was a full-time student at an eligible institution;
"(ii) is in a period during which, pursuant to paragraph (2),
the principal amount of such previous loan need not be paid; and
"(iii) has agreed that all funds received under the proposed
loan shall be used solely for repavment of interest due on
previous loans made under this subpart; and".
(b) Subsction (a)(2) of such section is amended--,
(1) by inserting before the semicolon at the end of
subparagraph (D) the following: "except that the note or other
written agreement may provide that payment of any interest
otherwise payable (i) before the beginning of the repayment
period, (ii) during any period described in subparagraph (C), or
(iii) during any other period of forbearance of payment of
principal, may be deferred until not later than the date upon
which repayment of the first installment of principal falls due or
the date repayment of principal is required to resume (whichever
is applicable) and may further provide that, on such date, the
amount of the interest which has so accrued may be added to the
principal"; and
(2) by striking out "student" in subparagraph (E).
// 42 USC 294d. //
(c) Subsection (b) of such section (relating to maximum interest
rates) is amended by striking out "10 percent per annum" and inserting
in lieu thereof "12 percent per annum".
(d) Such section is further amended by adding after subsection (c)
the following new subsection:
"(d) No provision of any law of the United States (other than
subsections (a)(2)(D) and (b) of this section) or of any State that
limits the rate or amount of interest payable on loans shall apply to a
loan insured under this subpart.".
(e) Subpart I of part C of title VII of the Public Health Service Act
is amended as follows:
(1) In section 727(a),
// 42 USC 294. //
insert "(and certain former students of)" after "students in".
(2) In the first sentence of section 728(a),
// 42 USC 294a. //
strike out "students" and insert in lieu thereof "borrowers".
(3) In the second sentence of section 728(a), insert "or to
obtain a loan under section 731(a)(1)(B) to pay interest on such
prior loans" after "to continue or complete their educational
program".
(4) In section 728(c),
// 42 USC 294a. //
strike out "student"
(5) In the second sentence of section 729(a)--
// 42 USC 294b. //
(A) strike out "student" the first time it appears and insert
in lieu thereof "borrower"; and
(B) insert "borrower who is or was a" before "student" the
second and third time it appears.
(6) In section 731(a)(2)(B),
// 42 USC 294d. //
strike out "student" and insert in lieu thereof "borrower".
(7) In the heading to section 731, strike out " STUDENT".
(8) In subsections (a) and (b)(2) of section 732,
// 42 USC 294e. //
strike out "student" and insert in lieu thereof "borrower" each
time it appears.
(9) In subsections (b)(1) and (e) of section 732, strike out
"student".
(10) In section 733,
// 42 USC 294f. //
strike out "student" each time it appears
(11) In the heading to section 733, strike out " STUDENT" and
insert in lieu thereof " BORROWER".
(12) In section 738,
// 42 USC 294k. //
strike out "student".
(13) In section 739
// 42 USC 294l. //
(a) (1), strike out "student" and insert in lieu thereof
"borrower".
(f) Section 737(1) of the Public Health Service Act // 42 USC 294j.
// is amended (1) by striking out "and public health" and inserting in
lieu thereof "or public health", and (2) by inserting "(A)" after "that"
and by inserting before the period the following: ", or (B) was not
eligible to receive such a grant for such fiscal year solely becasue it
did not meet the applicable requirements of section 771(b)( 3)".
(g) The amendments made by this section shall take effect on October
1, 1977.
Sec. 5. // 42 USC 294d // Effective October 1, 1977, section 751(d)(
2) of the Public Health Service Act // 42 USC 294t. // is amended to
read as follows:
"(2) second, to applications made (and contracts submitted)--,
"(A) for the school year beginning in calendar year 1978, by
individuals who are entering their first, second, or third year of
study in a course of study or program described in subsection
(b)(1)(B) in such school year;
"(B) for the school year beginning in calendar year 1979, by
individuals who are entering their first or second year of study
in a course of study or program described in subsection (b)(1)(B)
in such school year; and
"(C) for each school year thereafter, by individuals who are
entering their first year of study in a course of study or program
described in subsection (b)(1)(B) in such school year.".
Sec. 6. (a)(1) Section 1515(b)(2) of the Public Health Service Act
// 42 USC 300l- 4. // is amended (1) by striking out "which may not"
and inserting in lieu thereof "which, except as otherwise provided in
this paragraph, may not", and (2) by adding after the first sentence the
following: " The Secretary may, upon application of a conditionally
designated entity, extend for an additional period of not to exceed 12
months the period of such entity's conditional designation if the
Secretary determines that (A) unusual circumstances exist or existed
which prevent such entity from qualifying for designation under
subsection (c) within 24 months of such entity's conditional designation
under this subsection, (B) such extension should enable such entity to
qualify for designation under subsection (c), and (C) such extension in
necessary to carry out the purposes of this title. Each such
determination shall be in writing and shall include a summary of the
reasons for it.".
(2) The second sentence of section 1516(a) of such Act // 42 USC
300i-5. // is amended by inserting before the period at the end a comma
and the following: "except that in the case of a grant made to a
conditionally designated entity with which the Secretary will not enter
into a designation agreement under section 1515(c), // 42 USC 300i-4.
// such grant shall be available for obligation for such additional
period as the Secretary determines such entity will require to
satisfactorily terminate its activities under the agreement for its
conditional designation".
(b) Section 1521(b)(2)(B) of the Public Health Service Act // 42 USC
300m // is amended by striking out "twenty-four months" and inserting in
lieu thereof "thirty-six months".
Sec. 7.
// 42 USC 300 note. // The Secretary of Health, Education, and
Welfare shall conduct a study to determine whether schools of medicine,
nursing, or osteopathy deny admission or otherwise discriminate against
any applicant to such schools because of the applicant's reluctance, or
willingness, to counsel, suggest, recommend, assist, or in any way
participate in the performance of abortions or sterilizations contrary
to his or her religious beliefs or moral convictions. Not later than
February 1, 1978, The Secretary shall complete such study and report his
findings and recommendations to the Committee on Interstate and Foreign
Commerce of the House of Representatives and the Committee on Human
Resources of the Senate.
Sec. 8. (a) Section 1121(b)(5) of the Public Health Service Act //
42 USC 300c-11. // is amended by inserting "fiscal year" before "ending
September 30, 1977".
(b) Section 206(b)(6) of the Public Health Service Act // 42 USC 207.
// is amended by striking out "senior" and inserting in lieu thereof
"junior".
(c) Section 772(b) of the Public Health Service Act // 42 USC 295f-2.
// is amended by striking out "section 778" and inserting in lieu
thereof "section 788".
Sec. 9. Section 4839 of the Revised Statutes (24 U.S.C. 165) is
amended by inserting after the fourth senctence the following: "with
the approval of the Secretary of the Treasury, the disbursing agent may
invest funds of the account in excess of current needs in
interestbearing obligations of the United States with maturities
suitable for the needs of the account, and any interest on such
investment shall be credited to and form a part of the account.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 707 (Comm. on Interstate and Foreign
Commerce) and No. 95 - 828 (Comm. of Conference).
SENATE REPORTS: No. 95 - 545 accompanying S. 2159 (Comm. on Human
Resources) and No. 95 - 608 (Com. of Conference).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 17, considered and passed House.
Nov. 4, considered and passed Senate, amended, in lieu of S.
2159.
Dec. 1, Senate agreed to conference report.
Dec. 7, House agreed to conference report.
PUBLIC LAW 95-214, 91 STAT. 1501
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 4082(
c) of the Employee Retirement Income Security Act of 1974 // 29 USC 1381
// (relating to effective dates, special rules) is amended--,
(1) by striking " January 1, 1978" in paragraph (1) and
substituting " July 1, 1979";
(2) by striking " January 1, 1978" in paragraph (2) and
substituting " July 1, 1979";
(3) by striking " December 31, 1977" in paragraph (2)(b) and
substituting " June 30, 1979";
(4) by striking " January 1, 1978" in paragraph (4) and
substituting " July 1, 1979";
(5) by striking " December 31, 1977" in paragraph (4)(D) and
substituting June 30, 1979".
(b) Section 4082 of such Act is amended by adding at the end thereof
the following new subsections:
(d) The corporation shall present to the Committee on Education and
Labor of the House of Representatives and the Committee on Human
Resources and the Committee on Finance of the Senate a report which
comprehensively addresses the anticipated financial condition of the
program relating to mandatory coverage of multiemployer plans, including
possible events which might cause the corporation to experience serious
financial difficulty after July 1, 1979. Such report shall include an
explanation of any alternative courses of action which might be taken by
the corporation to insure proper coverage of multiemployer plans and the
proper financing of the program relating to such plans. If the report
contains recommendations for amendments to this title, such
recommendations shall be fully explained, and shall be accompanied by
explanations of other options for legislative change considered and
rejected by the corporation. The report shall be presented by July 1,
1978.
"(e) Notwithstanding any provision of title IV of this Act // 29 USC
1301 // to the contrary, the annual insurance premium payable to the
Pension Benefit Guaranty Corporation for coverage of basic benefits
guaranteed under section 4022 of this Act // 29 USC 1322 // by plans
that are not multiemployer plans shall be $2.60 for each participant in
the plan. This subsection shall be effective for plan years beginning
on or after January 1, 1978, and the premium prescribed by this
subsection shall be deemed to be the rate imposed by title IV of this
Act for non-multiemployer plans until the rate schedule for such plans
is revised pursuant to the procedure set out in section 4006 of this
Act.". // 29 USC 1306 //
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 706 (comm. on Education and Labor).
SENATE REPORT No. 95 - 570 accompanying S. 2125 (Comm. on Human
Resources
and Finance).
CONGRESSIONAL RECORD Vol. 123 (1977):
Nov. 1, considered and passed House.
Nov. 3, considered and passed Senate, amended.
Dec. 7, House agreed to Senate amendments.
PUBLIC LAW 95-213, 91 STAT. 1494, FOREIGN CORRUPT PRACTICES ACT OF
1977
Be it enacted by the Senate and House of Repreentatives of the United
States of America in Congress assembled,
Sec. 101. This title may be cited as the " Foreign Corrupt Practices
Act of 1977". // 15 USC 78 //
Sec. 102. // 15 USC 78 // Section 13(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78q(b)) is amended by inserting "(1)" after "(b)"
and by adding at the end thereof the following:
"(2) Every issuer which has a class of securities registered pursuant
to section 12 of this title and every issuer which is required to file
reports pursuant to section 15(d) of this title shall--,
"(A) make and keep books, records, and accounts, which, in
reasonable detail, accurately and fairly reflect the transactions and
dispositions of the assets of the issuer; and
"(B) devise and maintain a system of internal accounting
controls sufficient to provide reasonable assurances that--,
"(i) transactions are executed in accorance with management's
general or specific authorization;
"(ii) transactions are recorded as necessary (I) to permit
preparation of financial statements in conformity with generally
accepted accounting principles or any other criteria applicable to
such statements, and (II) to maintain accountability for assets;
"(iii) access to assets is permitted only in accordance with
management's general or specific authorization; and
"(iv) the recorded accountability for assets is compared with
the existing assets at reasonable intervals and appropriate action
is taken with respect to any differences.
"(3)(A) With respect to matters concerning the national security of
the United States, no duty or liability under paragraph (2) of this
subsection shall be imposed upon any person acting in cooperation with
the head of any Federal department or agency responsible for such
matters if such act in cooperation with such head of a department or
agency was done upon the specific, written directive of the head of such
department or agency pursuant to Presidential authority to issue such
directives. Each directive issued under this paragraph shall set forth
the specific facts and circumstnces with respect to which the provisions
of this paragraph are to be invoked. Each such directive shall, unless
renewed in writing, expire one year after the date of issuance.
"(B) Each head of a Federal department or agency of the United States
who issues a directive pursuant to this paragraph shall maintain a
complete file of all such directives and shall, on October 1 of each
year, transmit a summary of matters covered by such directives in force
at any time druing the previous year to the Permanent Select Committee
on Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate.".
Sec. 103. (a) The Securities Exchange Act of 1934 is amended by
inserting after section 30 the following new section:
" Sec. 30 A. // 15 USC 78 // (a) It shall be unlawful for any issuer
which has a class of securities registered pursuant to section 12 of
this title // 15 USC 78 // or which is required to file reports under
section 15(d) of this title, or for any officer, director, employee, or
agent of such issuer or any stockholder thereof acting on behalf of such
issuer, to make use of the mails or any means or instrumentality of
interstate commerce corruptly in furtherance of an offer, payment,
promise to pay, or authorization of the payment of any money, or offer,
gift, promise to give, or authorization of the giving of anything of
value to--,
"(1) any foreign official for purposes of --
"(A) influencing any act or decision of such foreign official
in his official capacity, including a decision to fail to perform
his official functions; or
"(B) inducing such foreign official to use his influence with a
foreign government or instrumentaility thereof to affect or
influence any act or decision of such government or
instrumentaility,
in order to assist such issuer in obtaining or retaining business for or
with, or directing business to, any person;
"(2) any foreign political party or official thereof or any candidate
for foreign political office for purposes of--
"(A) influencing any act or decision of such party, official,
or candidate in its or his official capacity, including a decision
to fail to perform its or his official functions; or
"(B) inducing such party, official, or candidate to use its or
his influence with a foreign government or instrumentality thereof
to affect or influence any act or decision of such government or
instrumentality,
in order to assist such issuer in obtaining or retaining business for or
with, or directing business to, any person; or
"(3) any person, while knowing or having reason to know that all or a
portion of such money or thing of value will be offered, given, or
promised, directly or indirectly, to any foreign official, to any
foreign political party or official thereof, or to any candidate for
foreign political office, for purposes of--
"(A) influencing any act or decision of such foreign official,
political party, party official, or candidate in his or its
official capacity, including a decision to fail to perform his or
its official functions; or
"(B) inducing such foreign official, political party, party
official, or candidate to use his or its influence with a foreign
government or instrumentality thereof to affect or influence any
act or decision of such government or instrumentailty, in order to
assist such issuer in obtainning or retaining business for or
with, or directing business to, any person.
"(b) As used in this section, the term 'foreign official' means any
officer or employee of a foreign government or any department, agency,
or instrumentality thereof, or any person acting in an official capacity
for or on behalf of such government or department, agency, or
instrumentality. Such term does not include any employee of a foreign
government or any department, agency, or instrumentality thereof whose
duties are essentially ministerial or clerical.".
(b)(1) Section 32(a) of the Securities Exchange Act of 1934 (15 U.S.
C. 78ff(a)) is amended by inserting "(other than section 30 A)"
immediately after "title" the first place it appears.
(2) Section 32 of the Securities Exchange Act of 1934 U.S.C. 78ff) is
amended by adding at the end thereof the following new subsection:
"(c)(1) Any issuer which violates section 30 A(a) of this title shall
upon conviction, be fined not more than $1,000,000.
"(2) Any officer or director of an issuer, or any stockholder acting
on behalf of such issuer, who willfully violates section 30 A(a) this
title shall, upon conviction, be fined not more than $10,000, or
imprisioned not more than five years, or both.
"(3) Whenever an issuer is found to have violated section 30 A(a) of
this title, any employee or agent of such issuer who is a United States
citizen, national, or resident or is otherwise subject to the
jurisdiction of the United States (other than an officer, director, or
stockholder of such issuer), and who willfully carried out the act or
practice constituting such violation shall, upon conviction, be fined
not more than $10,000, or imprisioned not more than five years, or both.
"(4) Whenever a fine is imposed under paragraph (2) or (3) of this
subsection upon any officer, director, stockholder, employee, or agent
of an issuer, such fine shall not be paid, directly or indirectly, by
such issuer.".
Sec. 104. // 15 USC 78dd-2. // (a) It shall be unlawful for any
domestic concern, other than an issuer which is subject to section 30 A
of the Securities Exchange Act of 1934, or any officer, director,
employee, or agent of such domestic concern or any stockholder thereof
acting on behalf of such domestic concern, to make use of the mails or
any means or instrumentality of interstate connerce corruptly in
furtherance of an offer, payment, promise to pay, or authorization of
the payment of any money, or offer, gift, promise to give, or
authorization of the giving of anything of value to--,
(1) any foreign official for purposes of--,
(A) influencing any act or decision of such foreign official
in his officail capacity, inclusing a decision to fail to perform
his official functions; or
(B) inducing such foreign official to use his influence with a
foreign government or instrumentality thereof to affect or
influence any act or decision of such government or
instrumentality,
in order to assist such domestic concern in obtaining or retaining
business for or with, or directing business to, any person;
(2) any foeign political party or official thereof or any cadidate
for foreign political office for purposes of--
(A) influencing any act or decision of such party, official, or
candidate in its or his official capacity, including a decision to
fail to perform its or his official functions; or
(B) inducing such party, official, or candidate to use its or
his influence with a foreign government or instrumentality thereof
to affect or influence any act or decision of such government or
instrumentality,
in order to assist such domestic concern in obtaining or retaining
business for or with, or directing business to, any person; or
(3) any person, while knowing or having reason to know that all or a
portion of such money or thing of value will be offered, given, or
promised, directly or indirectly, to any foreign official, to any
foreign political party or official thereof, or to any candidate for
foreign political office, for purposes of--
(A) influencing any act or decision of such foreign official,
political party, party official, or candidate in his or its
official capacity, including a decision to fail to perform his or
its official functions; or
(B) inducing such foreign official, political party, party
official, or candidate to use his or its influence with a foreign
government or instrumentality thereof to affect or influence any
act or decision of such government or instrumentality,
in order to assist such domestic concern in obtaining or retaining
business for or with, or directing business to, any person.
(b)(1)(A) Except as provided in subparagraph (B), any domestic
concern which violates subsection (a) shall, upon conviction, be fined
not more than $1,000,000.
(B) Any individual who is a domestic concern and who willfully
violates subsection (a) shall, upon conviction, be fined not more than
$10,000, or imprisoned not more than five years, or both.
(2) Any officer or director of a domestic concern, or stockholder
acting on behalf of such domestic concern who willfully violates
subsection (a) shall, upon conviction, be fined not more than $10,000,
or imprisioned not more than five years, or both.
(3) Whenever a domestic concern is found to have violated s
subsection (a) of this section, any employee or agent of such domestic
concern who is a United States citizen, national, or resident or is
otherwise subject to the jurisdiction of the United States (other than
an officer, director, or stockholder acting on behalf of such domestic
concern), and who willfully carried out the act or practice constituting
such violation shall, upon conviction, be fined not more than $10,000,
or imprisioned not more than five years, or both.
(4) Whenever a fine is imposed under paragraph (2) or (3) of this
subsection upon any officer, director, stockholder employee, or agent of
a domestic concern, such fine shall not be paid, directly or indirectly,
by such domestic concern.
(c) Whenever it appears to the Attorney General that any domestic
concern, or officer, director, employee, agent or stockholder thereof,
is engaged, or is about to engage in any act or practice constituting a
violation of subsection (a) of this section, the Attorney General may,
in his discretion, bring a civil action in an appropriate district court
of the United States to enjoin such act or practice, and upon a proper
showing a permanent or temporary infunction or a temporary restraining
order shall granted without bond.
(d) As used in this section:
(1) The term "domestic concern" means (A) any individual who is
a citizen, national, or resident of the United States; or (B) any
corporation, partnership, association, joint-stock company,
business trust, unincorporated organization, or sole
proprietorship which has its principal place of business in the
United States, or which is organized under the laws of a State of
the United States.
or a territory, possession, or commonwealth of the United
States.
(2) The term "foreign official" means any officer or employee
of a foreign government or any department, agency, or
instrumentality thereof, or any person acting in an official
capacity for or on behalf of any such government or department,
agency, or instrumentality. Such term does not include any
employee of a foreign government or any department, agency, or
instrumentality thereof whose duties are essentially ministerial
or clerical.
(3) The term "interstate commerce" means trade, commerce,
transportation, or communication among the several States, or
between any foreign country and any State or between any State and
any place or ship outside thereof. Such term includes the
intrastate use of (A) a telephone or other interstate means of
communication, or (B) any other interstate instrumentality.
Sec. 201. // 15 USC 78a note. // This title may be cited as the "
Domestic and Foreign Investment Improved Disclosure Act of 1977".
Sec. 202. Section 13(d)(1) of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended to read as follows:
"(d)(1) Any person who, after acquiring directly or indirectly the
beneficial ownership of any equity security of a class which is
registered pursuant to section 12 of this title, or any equity security
of an insurance company which would have been required to be so
registered except for the exemption contained in section 12(g)(2)(G) of
this title, // 15 USC 78l. // or any equity security issued by a
closed-end investment company registered under the Investment Company
Act of 1940 // 15 USC 80a-51. // is directly or indirectly the
beneficial owner of more than 5 per centum of such class shall, within
ten days after such acquisition, send to the issuer of the security at
its principal executive office, by registered or certified mail, send to
each exchange where the security is traded, and file with the
Commission, a statement containing such of the following information,
and such additional information, as the Commission may by rules and
regulations, prescribe as necessary or appropriate in the public
interest or for the protection of investors--,
"(A) the background, and identity, residence, and citizenship
of, and the nature of such beneficial ownership by, such person
and all other persons by whom or on whose behalf the purchases
have been or are to be effected;
"(B) the source and amount of the funds or other consideration
used or to be used in making the purchases, and if any part of the
purchase price is represented or is to be represented by funds or
other consideration borrowed or otherwise obtained for the purpose
of acquiring, holding, or trading such security, a description of
the transaction and the names of the parties thereto, except that
where a source of funds is a loan made in the ordinary course of
business by a bank, as defined in section 3(a)(6) of this title,
if the person filing such statement so requests, the name of the
bank shall not be made available to the public;
"(C) if the purpose of the purchases or prospective purchases
is to acquire control of the business of the issuer of the
securities, any plans or proposals which such persons may have to
liquidate such issuer, to sell its assets to or merge it with any
other persons, or to make any other major change in its business
or corporate structure;
"(D) the number of shares of such security which are
beneficially owned, and the number of shares concerning which
there is a right to acqure, directly or indirectly, by (i) such
person, and (ii) by each associate of such person, giving the
background, identity, residence, and citizenship of each such
associate; and
"(E) information as to any contracts, arrangements, or
understandings with any person with respect to any securities of
the issuer, including but not limited to transfer of any of the
securities, joint ventures, loan or option arrangements, puts or
calls, guaranties of loans, guaranties against loss or guaranties
of profits, division of losses or profits, or the giving or
withholding of proxies, naming the persons with whom such
contracts, arrangements, or understandings have been entered into,
and giving the details thereof.".
Sec. 203. Section 13 of the Securities Exchange Act of 1934, as
amended (15 U.S.C. 78m), is amended by adding at the end thereof the
following new subsection:
"(g)(1) Any person who is directly or indirectly the beneficial owner
of more than 5 per centum of any security of a class described in
subsection (d)(1) of this section shall send to the issuer of the
security and shall file with the Commission a statement setting forth,
in such form and at such time as the Commission may, by rule,
prescribe--,
"(A) such person's identity, residence, and citizenship; and
"(B) the number and description of the shares in which such
person has an interest and the nature of such interest
"(2) If any material change occurs in the facts set forth in the
statement sent to the issuer and filed with the Commission, an amendment
shall be transmitted to the issuer and shall be filed with the
Commission, in accordance with such rules and regulations as the
Commission may prescribe as necessary or appropriate in the public
interest or for the protection of investors.
"(3) When two or more persons act as a partnership, limited
partnership, syndicate, or other group for the purpose of acquiring,
holding, or disposing of securities of an issuer, such syndicate or
group shall be deemed a 'person' for the purposes of this subsection.
"(4) In determining, for purposes of this subsection, any percentage
of a class of any security, such class shall be deemed to consist of the
amount of the outstanding securities of such class, exclusive of any
securities of such class held by or for the account of the issuer or a
subsidiary of the issuer.
"(5) In exercising its authority under this subsection, the
Commission shall take such steps as it deems necessary or appropriate in
the public interest or for the protection of investors (A) to achieve
centralized reporting of information regarding ownership, (B) to avoid
unnecessarily duplicative reporting by and minimize the compliance
burden on persons required to report, and (C) to tabulate and promptly
make available the information contained in any report filed pursuant to
this subsection in a manner which will, in the view of the Commission,
maximize the usefulness of the information to other Federal and State
agencies and the public.
"(6) The Commission may, by rule or order, exempt, in whole or in
part, any person or class of persons from any or all of the reporting
requirements of this subsection as it deems necessary or appropriate in
the public interst or for the protection of investors.
"(h) The Commission shall report to the Congress within thirty months
of the date of enactment of this subsection with respect to (1) the
effectiveness of the ownership reporting requirements contained in this
title, and (2) the desirability and the feasibility or reducing or
otherwise modifying the 5 per centum threshold used in subsections (d)(
1) and (g)(1) of this section, giving appropriate consideration to--
"(A) the incidence of avoidance of reporting by beneficial
owners using multiple holders of record;
"(B) the cost of compliance to persons required to report;
"(C) the cost to issuers and others of processing and
disseminating the reported information;
"(D) the effect of such action on the securities markets,
including the system for the clearance and settlement of
securities transactions;
"(E) the benefits to investors and to the public;
"(F) any bona fide interests of individuals in the privacy of
their financial affairs;
"(G) the extent to which such reported information gives or
would give any person an undue advantage in connection with
activities subject to section 13(d) and 14(d) of this title;
// 15 USC 78n. //
"(H) the need for such information in connection with the
administration and enforcement of this title; and
"(i) such other matters as the Commisssion may deem relevant,
including the information obtained pursuant to section 13(f) of
this title.".
Sec. 204. // 15 USC 78o. // Section 15(d) of the Securities Exchange
Act of 1934 is amended by inserting immediately before the last sentence
the following new sentence; " The Commission may, for the purpose of
this subsection, define by rules and regulations the term 'held of
record' as it deems necessary or appropriate in the public interest or
for the protection of investors in order to prevent circumvention of the
provisions of this subsection.".
LEGISLATIVE HISTORY:
HOUSE reports: No. 95 - 640 accompanying H.R. 3815 (Comm. on
Interstate and Foreign Commerce) and No. 95 - 831 (Comm. of Conference).
SENATE REPORT No. 95 - 114 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May. 5, considered and passed Senate.
Nov. 1, considered and passed House, amended, in lieu of H.R.
3815.
Dec. 6, Senate agreed to conference report.
Dec. 7, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 52:
Dec. 20, Presidential statement.
PUBLIC LAW 95-212, 91 STAT. 1493
Be it enacted by the Senate and House of Representatives of the
United State of America in Congress assembled, That section 6 of the
Endangered Species Act of 1973 (16 U.S.C 1535) is amended--,
(1) by striking out the period at the end of subsection (c) and
inserting in lieu thereof "; or", and by adding at the end of such
subsection the following: "that under the State program--,
"(A) the requirements set forth in paragraphs (3), (4), and (5)
of this subsection are complied with, and
"(B) plans are included under which immediate attention will be
given to those resident species of fish and wildlife which are
determined by the Secretary or the State agency to be endangered
or threatened and which the Secretary and the State agency agree
are most urgently in need of conservation programs; except that a
cooperative agreement entered into with a State whose program is
deemed adequate and active pursuant to subparagraph (A) and this
subparagraph shall not affect the applicablity of prohibitions set
forth in or authorized pursuant to section 4(d)
// 16 USC 1533. //
or section 9 (a)(1)
// 16 USC 1538. //
with respect to the taking of any resident endangered or
threatened species."; and
(2) by amending subsection (i) to read as follows:
"(i) APPROPRIATIONS.-- For the purposes of this section, there
are authorized to be appropriated not to exceed the following
sums:
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 333 accompanying H.R. 6405 (Comm. on
Merchant Marine
and Fisheries) and No. 95 - 823 (Comm. of Conference).
SENATE REPORTS: No. 95 - 186 (Comm. on Environment and Public Works)
and
No. 95 - 607 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 123 (1977):
may 25, considered and passed Senate.
Oct. 18, considered and passed House, amended, in lieu of H.R.
6405.
Nov. 29, Senate agreed to conference report.
Nov. 30, House agreed to conference report.
PUBLIC LAW 95-211, 91 STAT. 1492
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 35 of the
Securities Exchange Act of 1934 (15 U.S.C. 78kk) is amended--,
(1) in the first sentence thereof, by striking out "and not to
exceed" and inserting in lieu thereof a comma;
(2) by inseting immediately before the period at the end of the
first sentence thereof the following: ", and $63,750,000 for the
fiscal year ending September 30, 1978", and
(3) in the last sentence thereof, by striking out "the 1977
fiscal year" and inserting in lieu thereof "fiscal year 1978".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 288 (Comm. on Interstate and Foreign
Commerce) and
95 - 832 (Comm. of Conference).
SENATE REPORT No. 95 - 182 accompanying S. 1311 (Comm. on Banking,
Housing,
and Urban Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May. 17, considered and passed House.
May. 25, consedered and passed Senate, amended, in lieu of S.
1311.
Dec. 6, Senate agreed to conference report.
Dec. 7, House agreed to conference report.
PUBLIC LAW 95-210, 91 STAT. 1485
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. (a) Section 1832(a) of the Social Security Act // 42 USC
1395k. // is amended--,
(1) by striking out "paragraph (2) (B)" in paragraph (1) and
inserting in lieu thereof "subparagraphs (B) and (D) of paragraph
(2)"; and
(2) by striking out the period at the end of paragraph (2)(C)
and inserting in lieu thereof ";and" and by adding the following
new subparagraph at the end of paragraph (2):
"(D) rural health clinic services." (b) Section 1833(a) of such
Act
// 42 USC 1395l. // is amended--,
(1) by striking out "and" at the end of paragraph (1);
(2) by inserting "(except those services described in
subparagraph (D) of section 1832(a)(2))" in paragraph (2) after
"1832(a)(2)";
(3) by striking out the period at the end of paragraph (2) and
inserting in lieu thereof ",and"; and
(4) by inserting the following new paragraph after paragraph
(2):
"(3) in the case of services described in section 1832(a) (2)(
D), 80 percent of costs which are reasonable and related to the
cost of furnishing such services or on such other tests of
reasonableness as the Secretary may prescribe in regulations,
including those authorized under section 1861(v)(1)(A)."
// 42 USC 1395x. //
(c) The Secretary of Health, Education, and Welfare (hereinafter in
this Act // 42 USC 1395l // referred to as the " Secretary") shall
conduct a study of the feasibility and desirability of imposing a
copayment for each visit to a rural health clinic for rural health
clinic services under part (B) of title XVIII of the Social Security
Act, instead of the deductible and coinsurance amounts otherwise
required under section 1833 // 42 USC 1395j. // of such Act with
respect to the provision of such services. The Secretary shall report
to the appropriate committees of Congress, not later than one year after
the date of enactment of this Act, on such study and on any
recommendations he may have for changes in the provisions of part (B) of
title XVIII of the Social Security Act to reflect the finding of such
study.
(d) Section 1861 of such Act // 42 USC 1395x. // is amended by
adding at the end thereof the following new subsection:
"(aa)(1) The term 'rural health clinic services' means--,
"(A) physicians' services and such services and supplies as are
covered under section 1861(s)(A) if furnished as an incident to a
physician's professional service,
"(B) such services furnished by a physician assistant or by a
nurse practitioner and such services and supplies furnished as an
incident to his service as would otherwise be covered if furnished
by a physician or as an incident to a physician's service, and
"(C) in the case of a rural health clinic located in an area in
which there exists a shortage of home health agencies, part-time
or intermittent nursing care and related medical supplies (other
than drugs and biologicals) furnished by a registered professional
nurse or licensed practical nurse to a homebound individual under
a written plan of treatment (i) established and periodically
reviewed by a physician described in paragraph (2)(B), or (ii)
established by a nurse practitioner or physican assistant and
periodically reviewed and approved by a physician described in
paragraph (2)(B),
when furnished to an individual as an outpatient of a rural health
clinic.
"(2) The term 'rural health clinic' means a facility which--
"(A) is primarly engaged in furnishing to outpatients services
described in subparagraphs (A) and (B) of paragraph (1);
"(B) in the case of a facility which is not a
physician-directed clinic, has an arrangement (consistent with the
provisions of State and local law relative to the practice,
performance, and delivery of health services) with one or more
physicians (as defined in subsection (r)(1)) under which provision
is made for the periodic review by such physicians of covered
services furnished by physician assistants and nures
practitioners, the supervision and guidance by such phsicians of
physician assistants and nurse practitioners, the preparation by
such physicians of such medical orders for care and treatment of
clinic patients as may be necessary, and the availability of such
physicians for such referral of and consultation for patients as
is necessary and for advice and assistance in the management of
medical emergencies; and in the case of a physician-directed
clinic, has one or more of its staff physicians perform the
activities accomplished through such an arrangement;
"(C)maintains clinical records on all patients;
"(D) has arrangements with one or more hospitals, having
agreements in effect under section 1866,
// 42 USC 1395cc. //
for the referral and admission of patients requiring inpatient
services or such diagnostic or other specialized services as are
not available at the clinic;
"(E) has written policies, which are developed with the advice
of (and with provision for review of such policies from time to
time by) a group of professional personnel, including one or more
physicians and one or more physician assistants or nurse
practitioners, to govern those services described in paragraph (1)
which it furnishes;
"(F) has a physician, physician assistant, or nurse
practitioner responsible for the execution of policies described
in subparagraph (E) and relating to the provision of the clinic's
services;
"(G) directly provides routine diagnostic services, including
clinical laboratory services, as prescribed in regulations by the
Secretary, and has prompt access to additional diagnostic services
from facilities meeting requirements under this title;
"(H) in compliance with State and Federal law, has available
for administering to patients of the clinic at least such drugs
and biologicals as are determined by the Secretary to be necessary
for the treatment of emergency cases (as defined in regulations)
and has appropriate procedures or arrangements for storing,
administering, and dispensing any drugs and biologicals;
"(I) has appropriate procedures for review of ultilization of
clinic services to the extent that the Secretary determines to be
necessary and feasible; and
"(J) meets such other requirements as the Secretary may find
necessary in the interest of the health and safety of the
individuals who are furnished services by the clinic.
For the purposes of this title, such term includes only a facility
which (i) is located in an area that is not an urbanized area (as
defined by the Bureau of the Census) and that is designated by the
Secretary either (I) as an area with a shortage of personal health
services under section 1302(7) // 42 USC 300e-1. // of the Public
Health Service Act or (ii) as a health manpower shortage area described
in section 332(a)(1)(A) of that Act // 42 USC 256. // because of its
shortage of primary medical care manpower, (ii) has filed an agreement
with the Secretary by which it agrees not to charge any individual or
other person for items or services for which such individual is entitled
to have payment made under this title, except for the amount of any
deductible or consurance amount imposed with respect to such items or
services (not in excess of the amount customarity charged for such items
and services by such clinic), pursuant to subsections (a) and (b) of
section 1833, // 42 USC 1396. // (iii) employs a physician assistant or
nurse practitioner, and (iv) is not a rehabilitation agency or a
facility which is primarily for the care and treatment of mental
diseases. A facility that is in operation and qualifies as a rural
health clinic under this title or title XIX and that subsequently fails
to satisfy the requirement of clause (i) shall be considered, for
purposes of this title and title XIX, as still satisfying the
requirement of such clause.
"(3) The term 'physician assistant' and the term 'nurse practitioner'
mean, for the purposes of paragraphs (1) and (2), a physician assistant
or nurse practitioner who performs such services as such individual is
legally authorized to perform (in the State in which the individual
performs such services) in accordance with State law (or the State
regulatory mechanism provided by State law), and who meets such
training, education, and experience requirements (or any combination
thereof) as the Secretary may prescribe in regulations.".
(e) Any private, nonprofit health care clinic that--
(1) on July 1, 1977, was operating and located in an area which
on that date (A) was not an urbanized area (as defined by the
Bureau of the Census) and (B) had a supply of physicians
insufficient to meet the needs of the area (as determined by the
Secretary), and
(2) meets the definition of a rural health clinic under section
1861(aa)(2) or section 1905(1) of the Social Security Act, except
for clause (i) of section 1861(aa)(2),
shall be considered, for the purposes of title XVIII or XIX,
respectively, of the Social Security Act, as satisfying the definition
of a rural health clinic under such section. // 42 USC 1395. //
(f) Section 1862(a)(3) of such Act // 42 USC 1395y. // is amended by
striking out "in such cases" and inserting in lieu thereof "in the case
of rural health clinic services, as defined in section 1861(aa)( 1), and
in such other cases".
(g) Section 1861(s)(2) of such Act // 42 USC 1395x. // is amended--
(1) by striking out "and" at the end of subparagaraph (C)(ii)
(2) by inserting "and" at the end of subparagraph (D); and
(3) by adding the following new subparagraph at the end
thererof:
"(E) rural health clinic services;".
(h) The second sentence of section 1861(s) of such Act // 42 USC
1395x. // is amended by inserting ", a rural health clinic," after
"physician's office".
(i) Section 1864(a) of such Act // 42 USC 1395aa. // is amended--,
(1) by inserting "or whether a facility therein is a rural
health clinic as defined in section 1861(aa) (2)," in the first
sentence after "home health agency,";
(2) by inserting "rural health clinic," in the second sentence
after "nursing facility,";
(3) by inserting "rural health clinic," in the last sentence
after "facility," the first and second times it appears; and
(4) by striking out "such facility" in the last sentence and
inserting in lieu thereof "such health care facility, rural health
clinic".
(j) The amendments made by this section shall apply to services
rendered on or after the first day ofthe third calendar month which
begins after the date of enactment of this Act. // 42 USC 1395k note.
//
Sec. 2. (a) Paragraph (2) of section 1905(a) of the Social Security
Act // 42 USC 1396d. // is amended to read as follows:
"(2) (A) outpatient hospital services, and (B) consistent with
State law permitting such services, rural health clinic services
(as defined in subsection (1)) and any other ambulatory services
which are offered by a rural health clinic (as defined in
subsection
(1)) and which are otherwise included in the plan;". (b)
Section 1905 of such Act is amended by adding after subsection (5)
the following new subsection:
"(1) The terms 'rural health clinic services' and 'rural health
clinic' have the meanings given such terms in section 1861(aa), except
that (1) clause (ii) of section 1861(aa) (2) shall not apply to such
terms, and (2) the physician arrangement required under section 1861(
aa) (2)(B) shall only apply with respect to rural health clinic services
and, with respect to other ambulatory care services, the physician
arrangement required shall be only such as may be required under the
State plan for those services.".
(c) Section 1902(a) of such Act // 42 USC 1396a. // is amended--,
(1) by striking out the semicolon at the end of paragraph (13)
and inserting in lieu thereof "; and", and by adding at the end
of such paragraph the following new subparagraph:
(F) for payment for services described in section 1905(a) (2)(
B) provided by a rural health clinic under the plan of 100 percent
of costs which are reasonable and related to the cost of
furnishing such services or based on such other tests of
reasonableness, as the Secretary may prescribe in regulations
under section 1833(a) (3), or, in the case of services to which
those regulations do not apply, on such tests of reasonableness as
the Secretary may prescribe in regulations under this
subparagraph;"; and (2) by inserting", or by reason of the fact
that the plan provides for payment for rural health clinic
services only if those services are provided by a rural health
clinic" before the semicolon at the end of paragraph (23).
(d) Section 1910 of such Act // 42 USC 1396i. // is amended--,
(1) by amending the heading to read as follows: "
CERTIFICATION AND APPROVAL OF SKILLED NURSING FACILITIES AND OF
RURAL HEALTH CLINICS
(2) by striking out "(a)" and inserting in lieu thereof "(a)
(1)";
(3) by striking out "(b)" and inserting in lieu thereof "(2)";
and
(4) by adding at the end thereof the following new subsection:
"(b) (1) Whenever the Secretary certifies a facility in a State
to be qualified as a rural health clinic under title XVIII, such
facility shall be deemed to meet the standards for certification
as a rural health clinic for purposes of providing rural health
clinic services under this title.
"(2) The Secretary shall notify the State agency administering the
medical assistance plan of his approval or disapproval of any facility
in that state which has applied for certification by him as a qualified
rural health clinic.".
"(e) Section 1866(c)(2) of such Act // 42 USC 1395cc. // is amended
by strikihng out "section 1910" and inserting in lieu thereof "section
1910(a)". // 42 USC 1395cc. //
(f)(1) The amendments made by this section shall (except as otherwise
provided in paragraph (2)) apply to medical assistance provided, under a
State plan approved under title XIX of the Social Security Act, on and
after the first day of the first calendar quarter that begins more than
six months after the date of enactment of this Act. // 42 USC 1396. //
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary determines requires
State legislation in order for the plan to meet the additional
requirements imposed by the amendments made by this section, the State
plan shall not be regarded as failing to comply with the requirements of
such title solely on the basis of its failure to meet these additional
requirements before the first day of the first calendar quarter
beginning after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act.
Sec. 3. // 42 USC 1395b-1 note. // (a) The Secretary shall provide,
through demonstration projects, reimbursement on a cost basis for
services provided by physician-directed clinics in urban medically
underserved areas for which payment may be made under title XVIII of the
Social Security Act and, notwithstanding any other provison of such
title, for services provided by a physician assistant or nurse
practitioner employed by such clinics which would otherwise be covered
under such title if provided by a physician.
(b) The demonstration projects developed under subsection (a) shall
be of sufficient scope and carried out on a broad enough scale to allow
the Secretary to evaluate fully--,
(1) the relative advantages and disadvantages of reimbursement
on the basis of costs and fee-for-service for physician-directed
clinics employing a physician assistant or nurse practitioners;
(2) the appropriate method of determining the compensation for
physician services on a cost basis for the purposes of
reimbursement of services provided in such clinics;
(3) the appropriate definition for such clinics;
(4) the appropriate criteria to use for the purposes of
designating urban medically underserved areas; adn
(5) such other possible changes in the provisions of title
XVIII of the Social Security Act
// 42 USC 1395. //
as might be appropriate for the efficient and cost-effective
reimbursement of services provided in such clinics.
(c) Grants, payments under contracts, and other expenditures made for
demonstration projects under this section shall be made in appropriate
part from the Federal Hospital Insurance Trust Fund (established by
section 1817 // 42 USC 1395i. // of the Social Security Act) and the
Federal Supplementary Medical Insurance Trust Fund (established by
Section 1841 // 42 USC 1395t. // of the Social Security Act). Grants
and payment under contracts may be made either in advance or by way of
reimbursement, as may be determined by the Secretary, and shall be made
in such installments and on such conditions as the Secretary finds
necessary to carry out the purpose of this section. With respect to any
such grant, payment, or other expenditure, the amount to be paid from
each trust fund shall be determined by the Secretary giving due regard
to the purposes of the demonstration projects.
(d) The Secretary shall submit to the Congress, no later than January
1, 1981, a complete, detailed report on the demonstration projects
conducted under subsection (b). Such report shall include any
recommendations for legislative changes which the Secretary finds
necessary or desirable as a result of carrying out such demonstration
projects.
(e) As used in this section, the terms "physician assistant" and
"nurse practitioner" have the meanings given such terms is section
1861(aa)(3) of the Social Security Act.
Sec. 4. // 42 USC 1395ll note. // (a) The Secretary shall submit to
the Congress, no later than six months after the date of enactment of
this Act, a report on the advantages and disadvantages of extending
coverage under title XVIII of the Social Security Act to urban or rural
comprehensive mental health centers and to centers for treatment of
alcoholism and drug abuse.
(b) The report submitted under subsection (a) shall include
evaluation of--,
(1) the need for coverage under such title of services provided
by such centers;
(2) the extent of present utilization of such centers by
individuals eligible for benefits under such title;
(3) alternatives to services provided by such centers presently
available to individuals eligible for benefits under such title;
(4) the appropriate definition for such centers;
(5) the types of treatment provided by such centers;
(6) present Federal and State funding for such centers;
(7) the extent of coverage by private insurance plans for
services provided by such centers;
(8) present and projected costs of services provided by such
centers;
(9) available methods for assuring proper utilization of such
centers;
(10) the effect of allowing coverage for services provided by
such centers on other providers and practitioners; and
(11) the need for any demonstration projects for further
evaluation of the need for coverage for services provided by such
centers.
Sec. 5. // 26 USC 6103. // Subsection (m) of section 6103 of the
Internal Revenue Code of 1954 (relating to disclosure of taxpayer
identity information) is amended to read as follows:
"(m) Disclosure of Taxpayer Identity Information.--
"(1) TAX REFUNDS.-- The Secretary may disclose taxpayer
identity information to the press and other media for purposes of
notifying persons entitled to tax refunds when the Secretary,
after reasonable effort and lapse of time, has been unable to
locate such persons.
"(2) FEDERAL CLAIMS.-- Upon written request, the Secretary may
disclose the mailing address of a taxpayer to officers and
employees of an agency personally and directly engaged in, and
solely for their use in, preparation for any administrative or
judicial proceeding (or investigation which may result in such a
proceeding) pertaining to the collection or compromise of a
Federal claim against such taxpayer in accordance with the
provisions of section 3 of the Federal Claims Collection Act
// 31 USC 952. //
of 1966.
"(3) NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH.--
UPON written request, the Secretary may disclose the mailing
address of taxpayers to officers and employees of the National
Institute for Occupational Safety and Health solely for the
purpose of locating individuals who are, or may have been, exposed
to occupational hazards in order to determine the status of their
health or to inform them of the possible need for medical care and
treatment.".
Sec. 6. If the Secretary acquires the Space Center Memorial Hospital
in Nassau Bay, Texas, for the purpose of transferring to it the
activitites and functions of the Public Health Services hospital in
Galveston, Texas, the Secretary may close the Public Health Services
hospital in Galvestion, Texas.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 548, pt. II (Comm. on Ways and Means), No.
95 - 548, pt. II
(Comm. on Interstate and Foreign Commerce), and No. 95 - 790
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 17, considered and passed House.
Oct. 19, considered and passed Senate, amended.
Nov. 29, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 51:
Dec. 13, Presidential statement.
PUBLIC LAW 95-209, 91 STAT. 1481
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. (a) There is authorized to be appropriated to the Nuclear
Regulatory Commission (hereafter in this act referred to as the "
Commission") to carry out its functions and authorities under the Atomic
Energy Act of 1954 (42 U.S.C. 2017) and the Energy Reorganization Act of
1974 (42 U.S.C. 5875) for the fiscal year 1978 to remain available until
expended $297,740,000 to be allocated as follows:
(1) For " Nuclear Reactor Regulation", not more than
$41,480,000;
(2) For " Standards Development", not more than $12,130,000;
(3) For " Inspection and Enforecment", not more than
$33,050,000;
(4) For " Nuclear Materials Safety and Ssafeguards", not more
than $22,090,000;
(5) For " Nuclear Regulatory Research", $148,900,000;
(6) For " Program Technical Support", $10,180,000; of which an
amount not to exceed $600,000 is authorized for a fellowship
program pursuant to section 5 of this Act.
(7) For " Program Direction and Administration", not more than
$29,910,000.
(b) Of the total amount authorized under section 1(a), the
Commissioners may, by majority vote, reallocate among program activities
specified in subsection (a) or pursuant to the authority granted in
subsection (d) an amount not exceeding $10,000,000 except that the
amount transferred from any of the major program activities specified in
subsection (a) shall not exceed 15 per centum of the amount so
specified. Prior to any reallocation of an amount in accordance with
the provisions of this subsection, where such amount is in excess of
$500,000, the Commission shall inform the appropriate congressional
committees. Such reallocation may be made notwithstanding the
limitations of subsection (a).
(c) No amount authorized to be appropriated for contracts for
research, studies, and technical assistance on domestic safeguard
matters under subsection (a) including any amount reallocated under
subsecion (b) may be used for such contracts and no amount authorized to
be appropriated under this subsection may be used by the Office of
Nuclear Regulatory Research for such contracts until a statement
supporting the need for such research, study, or technical assistance
has been prepared and published by the Commisssion.
(d) No amount authorized to be appropriated for contracts for
regulatory research related to advanced reactor safety under this Act
may be used for such contracts except as directed by the Commission,
following consideration by the Commission of any recommendation that may
be made by the ACRS regarding the proposed research.
(e) In the event that the license application is withdrawn or funding
for the continuation of the Clinch River Breeder Reactor project is not
authorized or appropriated, the total authorization in subsection (a)
shall be reduced by $2,700,000.
(f) In the event that further construction of the facility at
Barnwell, South Carolina, for the purpose of providing plutonium to be
used as fuel is canceled or deferred, the total authorization in
subsection (a) shall be reduced by $2,100,000.
Sec. 2. Section 201 of title II of the Energy Reorganization Act of
1974 // 42 USC 5841. // is amended by adding the following new
subsection at the end thereof:
"(h) The Commission shall prepare and submit to the Congress a
quarterly report which documents, for grades GS-11 or above:
(1) the number of minority and women candidates hired, by grade
level;
"(2) the number of minority and women employees promoted, by
grade level;
"(3) the procedures followed by the Commission in preparing job
descriptions, informing potential applicants, and selecting from
candidates the persons to be employed in positions at grade GS-11
or above; and
"(4) other steps taken to meet provisions of the Equal
Employment Act.
// 42 USC 2000 // The first such quarterly report shall be submitted to
the Congress not later than January 31, 1978, and subsequent reports
shall be submitted prior to the end of one calendar month after the end
of each calendar quarter thereafter.".
Sec. 3. Title II of the Energy Reorganization Act of 1974, is
amended by adding the following new section at the end thereof:
Sec. 210. // 42 USC 5850 // The Commission shall develop a plan
providing for the specification and analysis of unresolved safety issues
relating to nuclear reactors and shall take such actiion as may be
necessary to implement corrective measures with respect to such issues.
Such plan shall be submitted to the Congress on or before January 1,
1978 and progress reports shall be included in the annual report of the
Commission thereafter.".
Sec. 4. (a) Section 205 of the Energy Reorganization Act of 1974 //
4i USC 5845. // is amended by adding the following new subsection at
the end thereof:
"(f) The Commission shall develop a long-term plan for projects for
the development of new or improved safety systems for nuclear
powerplants.".
Sec. 5. Section 29 of the Atomic Energy Act of 1954 // 42 USC 2039.
// is amended by adding the following at the end thereof: " In addition
to its other duties under this section, the committee, making use of all
available sources, shall undertake a study of reactor safety research
and prepare and submit annually to the Congress a report containing the
results of such study. The first such report shall be submitted to the
Congress not later than December 31, 1977.
Sec. 6. // 42 USC 2040. // To assist the Advisory Committee on
Reactor Safeguards in carrying out its function, the committee shall
establish a fellowship program under which persons having appropriate
engineering or scientific expertise are assigned particular tasks
relating to the functions of the committee. Such fellowship shall be
for 2-years periods and the recipients of such fellowships shall be
selected pursuant to such criteria as my be established by the
committee.
Sec. 7. // 42 USC 2201 // The Commision shall be December 31, 1977,
promulgate guidelines to be applied by the Commission in determinining
whether an organization proposing to enter into a contractual
arrangement with the Commission has a conflict of interest which might
impair the contrator's judgment or otherwise give the contractor an
unfair competitive advantage.
Sec. 8. Moneys received by the Commission for the cooperative
unclear safety research programs may be retained and used for salaries
and expenses associated with those programs, notwithstanding the
provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and
shall remain available until expended. Funds may be obligated for
purposes stated in this section only to the extent provided in
appropriation Acts.
Sec. 9. TRANSFERS of sums from salaries and expenses may be made to
other agencies of the Government for the performance of the work for
which the appropriation is made, and in such cases the sums so
transferred may be merged with the appropriations to which transferred.
Sec. 10. Notwithstanding any other provision of this Act, no
authority to make payments under this Act shall be effective except to
such extent or in such amounts as are provided in advance in
appropriation Acts.
LEGISLATIVE HISTORY:
HOUSE REPORTS No. 95 - 289 accompanying H.R. 3455 (Comm. on Interior
and
Insular Affairs) and No. 95 - 788 (Comm. of Conference).
SENATE REPORT No. 95 - 196 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 25, considered and passed Senate.
Sept. 12, considered and passed House, amended, in lieu of H.
R. 3455.
Nov. 3, House agreed to conference report.
Nov. 29, Senate agreed to conference report.
PUBLIC LAW 95-208, 91 STAT. 1475, INTERNATIONAL SAFE CONTAINER ACT.
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 " International Safe Container Act". // 46 USC 1501. //
Sec. 2. DEFINITIONS.
As used in this Act-- // 46 USC 1501. //
(a) The term " Secretary" means the Secretary of Transportation.
(b) The term " Convention" means the International Convention for
Safe Containers, and the annexes thereto, done at Geneva, Switzerland,
December 2, 1972.
(c) The term "container" shall have the same meaning as that term is
defined in the Convention.
(d) The term "international transport" means the transportation of a
container--
(1) to any place within the jurisdiction of the United States
from a place within a foreign country;
(2) by United States carriers between two points both of which
are outside of the United States; or
(3) from any place within the jurisdiction of the United States
to any place within a foreign country.
(e) The term " United States" includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone,
Guam, American Samoa, the United States Virgin Islands, the Trust
Territory of the Pacific Islands, and any other territory or possession
of the United States.
(f) The term "new container" means a container (other than a
container specially designed for air transport) which is used or is
designed for use in international transport, the construction of which
began on or after September 6, 1977.
(g) The term "existing container" means a container (other than a
container specially designed for air transport) which is used or is
designed for use in international transport and which is not a new
container.
(h) The term "owner" means a person who owns a container, or if a
written lease or bailment provides for the lessee or or bailee to
excercise the owner's responsibility for maintaining and examining the
container, the lessee or bailee of a container, to the extent such
agreement so provides.
(i) The term "safety approval plate" shall have the same meaning as
that term is defined in annex I of the Convention. SEC. 3. // 46 USC
1502 // DUTIES OF AN OWNER.
(a) Beginning on the date the instrument of ratification is deposited
by the United States in accordance with the provisions of article VII of
the Convention, for new containers, and beginning on September 6, 1982,
for existing containers, the owner of each such container--
(1) who is domiciled and has his principal office in the United
States, shall have each such container initially approved in
accordance with the procedure established by the Secretary or by
the administration of another contracting party to the Convention;
and shall, thereafter, have each such container periodically
examined, as provided in the Convention, in accordance with the
procedure established by the Secretary; and
(2) who is either domiciled or has his principal office in the
United States, shall have each such container initially approved
in accordance with the procedure established by the Secretary or
by the administration of another contracting party to the
Convention; and shall, thereafter, have each such container
periodically examined, as provided in the Convention, in
accordance with the procedure established by the administration of
either the country where he is domiciled or has his principal
office (so long as such country is a party to the Convention).
Any owner of either a new or existing container who is neither domiciled
nor maintains a principal office in the United States, or in any other
country which is a party to the Ocnvention, may submit their containers
for approval and periodic examination according to the procedure
established by the Secretary.
(b) During the period beginning on the date the instrument of
ratification is deposited by the United States in accordance with the
provisions of article VII of the Convention, and before September 6,
1982, an owner of an existing container may have such container approved
according to the procedure established by the Secretary, and have a
safety approval plate affixed to it, if such container is found to meet
the standards of the Convention. SEC. 4. // 46 USC 1503. // DUTIES OF
THE SECRETARY.
(a) On and after the date the instrument of ratification is deposited
by the United States in accordance with the provisions of article VII of
the Convention, the Secretary shall enforce and carry out the provisions
of the Convention, and, unless an earlier date is specifically provided,
the provisions of this Act, in the United States.
(b) The Secretary shall, as soon as practicable after the date of
enactment of this Act, promulgate, and from time to time, amend, those
regulations he deems necessary for such enforcement. Such regulations,
among other things, shall--
(1) establish procedures for the testing, inspection, and
initial approval of existing and new containers and of designs for
new containers, including procedures relating to the affixing,
invalidating, and removal of safety approval plates for container;
(2) establish procedures to be followed by owners of containers
relating to the periodic examination of contaioners, as provided
in the Convention; and
(3) provide a method for developing collecting and
disseminating data concerning container safety and the
international transport of containers.
(c) At any time after the date of enactment of this Act, the
Secretary may--
(1) authorize the affixation of a safety approval plate to any
container which, after examination, is found not to have a safety
approval plate attached to it and which the owner has established
meets the standards of the Convention;
(2) delegate and withdraw the delegation of authority to
initially approve existing and new containers and designs for new
containers, and to authorize the affixing of safety approval
plates; and
(3) establish a schedule of fees to be charged and collected
for services performed by the Secretary, or under authority
delegated by the Secretary, relating to the testing, inspection,
and initial approval of containers and container designs.
(d) Those delegations made under subsection (c)(2) may be made to any
person, including any public or private agency or nonprofit
organization. The Secretary before making any delegation under such
subsection, shall promulgate regulations relating to--
(1) the criteria to be followed in selecting a person, public
or private agency, or nonprofit organization as a recipient of
delegated functions under such subsection;
(2) the manner in which such recipient shall carry out such
delegated functions, including the records such recipient must
keep, and a detailed description of the exact functions such
recipient may exercise; and
(3) the review that will be carried out by the Secretary to
determine that any recipient of delegated functions is performing
properly the functions so delegated.
No recipient of authority delegated under such subsection may assess or
collect, or attempt to assess or collect, any penalty for violation of
any provision of th/is Act, the Convention, or any order of the
Secretary issued under this Act, or issue or attempt to issue any
detention or other order. Any records required to be kept by
regulations promulgated by the Secretary under this subsection shall be
available to the Secretary, for inspection, upon request. Th name and
address of the recipient, if other than the owner, together with the
functions so delegated and the period of designation, shall be published
in the Federal Register and otherwise publicized as appropriate.
(e) The Secretary shall, to the maximum possible extent, encourage
the development and use of intermodal transport, using containers
constructed to facilitate economical, safe, and expeditious handling of
containerized cargo without intermediate reloading while such cargo is
in transport over land, air, and sea areas. SEC. 5. // 46 USC 1504. //
ENFORCEMENT
(a)(1) On and after the date the instrument of ratification is
deposited by the United States in accordance with the provisions of
article VII of the Convention, to ensure compliance with this Act, and
with the Convention, the Secretary may--
(A) examine, or require to be examined, new containers, and
existing containers which are subject to this Act, in
international transport, and test, inspect, and approve designs
for new containers and new containers being manufactured;
(B) issue a detention order removing or excluding a container
from service until the owner of the container establishes to the
Secretary's satisfaction that the container meets the standards of
the Convention, if the container is subject to this Act and does
not have a valid safety approval plate attached to it, or if there
is significant evidence that such a container bearing a safety
approval plate is in a condition which creates an obvious risk to
safety; and
(C) take whatever other appropriate action he deems necessary,
including issuance of any necessary orders, to remove the
container involved rom service, or restrict its use, in those
instances where he finds that a container is not in compliance
with the provisions of this Act or the Convention but does not
present an obvious risk to safety.
The Secretary may permit the movement to another location of a container
which he finds to be unsafe or which soes not have a valid safety
approval plate affixed to it, under whatever restriction he considers
necessary and cosistent with the intent of the Convention, for repair or
other appropriate disposition.
(2) Beginning on September 6, 1982, the Secretary may examine or
require to be examined any existing container in international
transport.
(b) The owner of the container involved in any action taken by the
Secretary under this section with respect to an examination of a
container, shall pay for or reimburse the Secretary for expenses arising
from such actions, except for the costs of routine examinations of
containers or safety approval paltes. In addition, the owner of
containers submitted to the procedure established by the Secretaryu for
testing, inspection, and initial approval, and the manufactures who
submit designs of containers to the procedures established by the
Secretary for testing, inspection, and initial approval shall pay for or
reimburse the Secretary for the expenses arising from such testing,
inspection or approval. Funds received by the Secretary in reimbursement
shall be credited to the appropriations bearing the cost thereof.
(c) A container bearing a safety approval plate authorized by a
country which is a party to the Convention shall be presumed to be in a
safe condition unless there is significant evidence that the container
creates an obvious risk to safety.
(d) Whenever the Secretary issues a detention or other order under
this section, he shall promptly notify, in writing, either the owner of
the container subject to such order, his agent, or, when the identity of
such owner is not apparent from the container of shipping documents, the
custodian. The notification shall reasonably identify the container
involved, give the location of the container and reasonably describe the
condition or situation which gave rise to the order. An order issued by
the Secretary under this section shall remain in effect until the
container is declared by the Secretary, or under regulations promulgated
by the Secretary, to be in compliance with the standards of the
convention, or until it is permanently removed from service, whichever
first occurs.
(e) If there is reason to believe that a container to which there is
affixed a safety approval plate issued by a foreign country was
defective at the time of approval, the Secretary shall notify the
country which issued the approval of such defect. SEC. 6. // 46 USC
1505. // PENALTIES.
(a) On and after the date the instrument of ratification is deposited
by the United States in accordance with the provisions of article VII of
the Convention, any owner, agent, or custodian who--
(1) has been notified of an order issued by the Secretary under
section 5; and
(2) fails to take reasonable and prompt action to prevent or
stop a container subject to that order from being moved in
violation of that order;
shall be subject to a civil penalty of not more than $5,000 for each
container so moved. Each day the container remains in service while the
order is in effect shall be treated as a separate violation.
(b) The Secretary shall assess and collect any penalty incurred under
this section, an, in his discretion may remit, mitigate, or compromise
any such penalty. No penalty shall be assessed until after the person
charged has been given notice and an opportunity for a hearing. In
assessing, remitting, mitigating, or compromising a penalty the
Secretary shall consider the gravity of the violation, the hazards
involved, and the record of the person charged with respect to
violations of this Act or of the Convention. Upon failure of any person
to pay any penalty assessed against him by teh Secretary, the Secretary
shall request the Attorney General to begin an action in any district
court of the United States to recover the amount of the penalty unpaid.
SEC. 7. // 46 USC 1506. // EMPLOYEE PROTECTION.
(a) No person shall descharge or in any manner discriminate against
an employee because the employee has reported the existence of an unsafe
container or reported a violation of this Act to the Secretary or his
agents.
(b) An employee who believes that he has been discharged or
discriminated against in violation of this section may, within 60 days
after the violation occurs, file a complaint alleging discrimination
with the Secretary of Labor.
(c) The Secretary of Labor may investigate the complaint and, if he
determines that this section has been violated, bring an action in an
appropriate United States district court. The district court shall have
jurisdiction to restrain violations of subsection (a) of this section
and to order appropriate relief, including rehiring and reinstatement of
the employee to his former position with back pay.
(d) Within 30 days after the receipt of a complaint filed under this
section the Secretary of Labor shall notify the complainant of his
intended action regarding the complaint. SEC. 8. // 46 USC 1507. //
AMENDMENTS TO THE CONVENTION.
(a) The Secretary of State, with the concurrence of the Secretary,
may propose amendments to the Convention or may request a conference for
amending the Convention in accordance with article IX of the Convention.
An amendment communicated to the United States in accordance with
article IX(2) of the Convention may be accepted for the United States by
the President, with the advice and consent of the Senate. The President
may make a declaration that the United States does not accept an
amendment.
(b) The Secretary of State, with the concurrence of the Secretary,
may propose amendments to the annexes of the Convention, may propose a
conference for amending annexes to the Convention and shall consider and
act on amendments to the annexes of the Convention adopted by the
Maritime Safety Committee and communicated to the United States in
accordance with article X(2) of the Convention. If a proposed amendment
is approved by the United States, the amendment shall enter into force
in accordance with article X of the Convention. If any proposed
amendment is objected to, the Secretary of State shall promptly
communicate the objection as provided in article X(3) of the Convention.
(c) // 46 USC 1508. // The Secretary of State, with the concurrence
of the Secretary, shall appoint an arbitrator when one is required to
resolve a dispute within the meaning of article XIII of the Convention.
SEC. 9. AUTHORIZATION OF APPROPRIATION.
Beginning with the fiscal year ending September 30, 1979, and for
each fiscal year thereafter, there are authorized to be appropriated
such sums as are necessary to carry out the provisions of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 693, pt. 1 (Comm. on Merchant Marine and
Fisheries).
SENATE REPORT No. 95 - 552 accompanying S. 1597 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Nov. 1, considered and passed House; also S. 1597 considered
and passed Senate.
Nov. 4, considered and passed Senate, amended, in lieu of S.
1597.
Nov. 29, House concurred in Senate amendment.
PUBLIC LAW 95-207, 91 STAT. 1464, CAREER EDUCATION INCENTIVE ACT
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 20 USC
2601 // may be cited as the " Career Education Incentive Act".
Sec. 2. // 20 USC 2601 // The Congress declares that--
(1) a major purpose of education is to prepare every individual
for a career suitable to that individual's preference,
(2) career education should be an integral part of the Nation's
educational process which serves as preparation for work,
(3) career education holds promise of improving the quality of
education and opening carerr opportunities for all students by
relating education to their life aspirations, and
(4) educational agencies and institutions (including agencies
and institutions of elementary and secondary education, higher
education, adult education, employment training and retraining,
and vocational education) should make every effort to fulfill that
purpose.
Sec. 3. // 20 USC 2602. // In recognition of the prime importance of
work in our society and in recognition of the role that the schools play
in the lives of all Americans, it is the purpose of this Act to assist
States and local educational agencies and institutions of postsecondary
education, including collaborative arrangements with the appropriate
agencies and organizations, in making education as preparation for work,
and as a means of relating work values to other life roles and choices
(such as family life), a major goal of all who teach and all who learn
by increasing the emphasis they place on career awareness, exploration,
decisionmaking, and planning, and to do so in a manner which will
promote equal opportunity in making career choices through the
elimination of bias and sterotyping in such activities, including bias
and sterotyping on account of race, sex, age, economic status, or
handicap.
Sec. 4. // 20 USC 2603. // (a) Subject to the provisions of
subsections (b) and (c), there are authorized to be appropriated
$50,000,000 for fiscal year 1979, $100,000,000 for fiscal year 1980,
$100,000,000 for fiscal year 1981, $50,000,000 for fiscal year 1982, and
$25,000,000 for fiscal year 1983 to carry out the provisions of this
Act, other than a section 11 of this Act.
(b) No funds are authorized to be appropriated pursuant to subsection
(a) for any fiscal year beginning after September 30, 1979, unless an
appropriation was made for the immediately preceding fiscal year.
(c) No funds are authorized to be appropriated pursuant to subsection
(a) for any fiscal year beginning after September 30, 1979, unless such
funds are appropriated in the fiscal year prior to the fiscal year in
which such funds will be obligated, and unless such funds are made
available for expenditure to the States prior to the beginning of such
fiscal year.
Sec. 5. // 20 USC 2604. // (a)(1) From the funds appropriated
pursuant to section 4 for each fiscal year which are not reserved under
paragraph (2) of this subsection, the Commissioner shall allot to each
State an amount which bears the same ratio to such funds as such State's
population aged five to eighteen, inclusive, bears to the total
population, aged five to eighteen, inclusive, of all the States, except
that no State shall be allotted from such funds for each fiscal year an
amount less than $125,000.
(2) From the remainder of the funds appropriated pursuant to section
4 for each fiscal year, the Commissioner may reserve--
(A) an amount not to exceed 5 per centum each year for the
administration of this Act and for making model program grants
pursuant to section 10,
(B) an amount not to exceed 1 per centum each year for the
purpose of carrying out the information program pursuant to
section 12 of this Act,
(C) an amount not to exceed one-half of one per centum each
year for the purpose of carrying out a national evaluation of the
effectiveness of programs assisted under this Act in carrying out
the purposes of this Act, and
(D) an amount equal to 1 per centum for the purpose of making
payments to the Virgin Islands, Guam, American Samoa, and the
Trust Territory of the Pacific Islands in furtherance of the
purposes of this Act.
(b)(1) Any funds allotted to a State under paragraph (1) of
subsection (a) for which a State has not applied or for which a State
application has not been approved shall be reallotted by ratably
increasing the allocations of each of the States which have approved
applications.
(2) If the sums appropriated for any fiscal year are not sufficient
to make the allotments of the minimum amounts specified in paragraph (1)
of subsection (a), such minimum amounts shall be ratably reduced. If
additional sums become available during a fiscal year for which such
allotments were reduced, such allotments shall be increased on the same
basis as they were reduced.
(c) Notwithstanding any other provision of this Act, any State which
receives, in any fiscal year, the minimum allotment prescribed under
paragraph (1) of subsection (a) of this section does not have to comply
with the provisions of section 6(6) relating to staff employed at the
State level.
Sec. 6. // 20 USC 2605. // Every State desiring to receive funds
appropriated under section 4 for fuscal year 1979 shall submit to the
Commissioner an application containing assurances that--
(1) the State educational agency will be the agency responsible
for planning the use, and administering the expenditure, of funds
recieved under this Act, other than funds made available under
sections 10, 11, and 12;
(2) the State legislature and the Govenor have been notified of
the State's application for such funds;
(3)(A) the State will expend, from its own sources, for any
fiscal year for which funds are received under this Act, an amount
equal to or exceeding the amount which such State expended for
career education during the fiscal year preceding the fiscal year
for which the determination is made;
(B) the State will pay from non-Federal sources the non-Federal
share of the costs of carrying out the State plan for fiscal year
1980 and for each of the three succeeding fiscal years;
(4) the State will make every possible effort to integrate
career education into the regular education programs offered in
elementary and secondary schools in the State;
(5)(A) the State educational agency will require that programs
of career education assisted under this Act will be administered
by State and local educational agencies in such a manner as to
affect all instructional programs in elementary and secondary
education, and will not ve administered solely as a part of the
vocational edication program;
(B) the State educational agency will require that programs of
career education will be coordinated by an individual having prior
experience in the field of career education (who shall be
designated as a state coordinator of career education);
(6) such agency will employ such staff as are necessary to
provide for the administration of this Act, including a person or
persons experienced with respect to problems of discrimination in
the labor market and stereotyping affecting career education,
including bias and stereotyping on account of race, sex, age,
economic status, or handicap, and including at least one
professional trained in guidance and counseling who shall work
jointly in the office of the principal staff person responsible
for such administration and coordination and in the office of the
State educational agency responisible for guidance and counseling,
if any such office exists;
(7) such agnecy will continuously review the plan submitted
under section 7 and will submit such amendments thereto as may be
deemed appropriate in response to such agency's experience with
the program;
(8) the State educational agency will comply with the
provisions of section 9(b) with respect to the distribution of
funds to local educational agencies within the State;
(9) the State educational agency will not allocate payments
under this Act among local educational agencies within the State
on the basis of per capita enrollment or through matching of local
expenditures on a uniform percentage basis, or deny funds to any
local educational agency if the applicable jurisdiction in which
such agency is located is making a reasonable tax effort solely
because such agency is unable to pay the non-Federal share of the
costs of programs assisted under this Actf
(10) not less than 15 per centum of that portion of a State's
grant for any fiscal year which is not reserved pursuant to
section 9(b) will be used for programs described in section 8(a)(
3)(B); and
(11) the funds recieived under this Act will be used in
accordance with the provisions of section 8.
Sec. 7. Every State desiring to recieve funds appropriated pursuant
to section 4 // 20 USC 2606. // shall submit to the Commissioner by
July 1, 1979, a State plan which shall--
(1) set out explicitly the objectives the State will seek to
achieve by the end of each of the fiscal years for which funds are
made available under this Act in emplementing the goal of
providing career education for students in elementary and
secondary schools within the State, with special emphasis on
overcoming sex bias and stereotyping, and set out the methods by
which the State will seek each year to achieve such objectives wih
all resources available;
(2) describe the methods by which the funds received under this
Act will be used, in accordance with section 8, to implement the
overall ofjectives in each of the fiscal years for which funds are
made available under this Act;
(3) set forth policies and procedures which the State will
follow to assure equal access of all students (including the
handicapped and members of both sexes) to career education
programs carried out under the State plan;
(4) provide adequate assurance that the requirements of section
6 will be met in each fiscal year after fiscal year 1979; and
(5) provide proposed criteria to the Commissioner for the
evaluation of the extent to which the State will achieve the
ofjectives set out in the State plan.
Sec. 8. (a) Subject to the provisions of sections 9(b) and 10, funds
recieved under this Act // 20 USC 2607 // may be used only to pay the
Federal share of the total costs of--
(1) employing such additional State educational agency
personnel as may re required for the administration and
coordination of programs assisted under this Act;
(2) providing State leadership for career education, either
directly or through arrangements with public agencies and private
organizations (including institutions of higher education), in--
(3) making payments to local educational agencies for
comprehensive programs including--
(4) reviewing and rivising the State plan.
(b) The State shall make payments to local educational agencies for
the purposes described in paragraph (3) of subsection (a) from funds
received under this Act upon applications approved by the State
educational agency. Such payments shall, to the extent practicable, be
made on an equitable basis in accordance with criteria established by
the State educational agency, consistent with section 6(9), having due
regard for the special needs of local educational agencies serving areas
of high incidence and prevalence of youth and adult unemployment,
serving sparsely populated areas or serving relatively few students.
(c)(1) To the extent consistent with the number of children enrolled
in private nonprofit elementary and secondary schools within the State,
with respect to services described under paragraph (2) of subsection
(a), and within the school district, with respect to payments made to
local educational agency for the purposes described in paragraph (3) of
such subsection, after consultation with appropriate private school
officals, provision shall be made for the effective participation on an
equitable basis of such children and the teachers of such children in
such services and in programs assisted with such payments.
(2)(A) The control of funds provided under this Act and title to
materials and equipment therewith shall be in a public agency for the
uses and purposes provided in this Act, and a public agency shall
administer such funds and property.
(B) The provisions of services pursuant to this paragraph shall be
provided by employees of a public agency or through contract by such
public agency with a person, an association, agency, or corporation who
or which in the provision of such services is independent of such
private school and of any religious organization, and such employment or
contract shall be under the control and supervision of of such public
agency, and the funds provided under this Act to accommodate students
and teachers in nonprofit public schools shall not be commingled with
State or local funds.
Sec. 9. // 20 USC 2608. // (a)(1) The Commissioner, upon receipt of
an application of assurances for fiscal year 1979 which the Commissioner
finds to be in compliance with section 6, and upon finding the State to
be in compliance with sections 7 and 8 for fiscal years 1980 and 1981,
shall pay to the State the amount which it is entitled to receive for
each such year under this Act.
(2) The Commissioner, upon finding the State to be in compliance with
sections 7 and 8 for fiscal years 1982 and 1983 by reviewing the report
required to be submitted by the State under section 14 for fiscal years
1980 and 1981, respectively, shall pay to the State the amount which it
is entitled to receive for each of the fiscal years 1982 and 1983 under
this Act reduced in proportion to the extent to which the Commissioner
determines that such State has substantially failed to achieve the
objectives for fiscal years 1980 and 1981 set forth in its State plan.
(b) Any State receiving funds appropriated under section 4 of this
Act may reserve (1) not more than 10 per centum of such funds for State
leadership purposes described in paragraph (2) of section 8(a), and (2)
not more than 10 per centum of such funds appropriated for the fiscal
year 1979, and not more than 5 per centum of the funds appropriated for
succeeding fiscal years, for the purposes described in paragraphs (1)
and (4) of section 8(a). The remainder of such funds shall be
distributed by the State to local educational agencies within that State
for the purposes described in paragraph (3) of section 8(a).
(c)(1) For the purposes of paying the cost of employing State career
education coordinators and staff described in paragraph (1) of section
8(a), the Federal share of the payments made under this Act from a
State's allotment shall be not more than 100 per centum for the fiscal
year 1979, not more than 75 percentum for the fiscal year 1980 and not
more than 50 per centum for the fiscal years 1981, 1982, and 1983.
(2) For the purposes described in paragraphs (2) and (3) of section
8(a), the Federal share of the payments made under this Act from a
State's allotment shall be not more than 100 per centum for the fiscal
years 1979 and 1980, not more than 75 per centum for the fiscal year
1981, not more than 50 per centum for the fiscal year 1982, and not more
than 25 per centum for the fiscal year 1983.
(d)(1) If a State is prohibited by law from providing for the
participation in programs of children enrolled in private nonprofit
elementary and secondary schools, as required by section 8(c), the
Commissioner may waive such requirement and shall arrange for the
provision of services to such children through arrangements which shall
be subject to the requirements of that section.
(2) If the Commissioner determines that a State or a local
educational agency has substantially failed to provide for the
participation on an equitable basis of children enrolled in private
nonprofit elementary and secondary schools as required by section 8(c),
the Commissioner may waive such requirement and shall arrange for the
provision of services to such children through arrangements which shall
be subject to the requirements of that section.
(2) If the Commissioner determines that a State or a local
educational agency has substantially failed to provide for the
participation on an equitable basis of children enrolled in private
nonprofit elementary and secondary schools as required by section 8(c),
the Commissioner may waive such requirement and shall arrange for the
provision of servieces to such children through arrangements which shall
be subject to the requirements of that section.
Sec. 10. (a) From funds reserved under section 5(a)(2)(A) of this
Act, the Commissioner is authorized to make grants directly to State and
local educational agencies, institutions of postsecondary education, and
other nonprofit agencies and organizations to support projects,
including projects of proven effectiveness, to demonstrate the most
effective methods and techniques in career education and to develop
exemplary career education models particularly porjects designed to
eliminate bias and sterotyping on account of race, sex, age, economic
status, or handicap.
(b) Notwithstanding any other provision of law, no funds may be made
available under the provisions of section 406(f)(1) of the Education
Amendments of 1974 // 20 USC 1865 // for grants or contracts with local
educational agencies for any fiscal year in which funds are appropriated
under this Act and reserved for the purposes of this section under
section 5(a)(2)(A).
Sec. 11. // 20 USC 2610. // (a) The Commissioner is authorized to
arrange by way of grant, contract, or other arrangement with
institutions of higher education, public agencies and nonprofit private
organizations for the conduct of postsecondary educational career
demonstration projects which--
(1) may have national significance or be of special value in
promoting the field of career education in postsecondary
educational programs,
(2) have unusual promise of promoting postsecondary career
guidance and counseling programs, particularly postsecondary
guidance and counseling programs designed to overcome bias and
stereotyping on account of race, sex, age, economic status, or
handicap, or
(3) show promise of strengthening career guidance, counseling,
placement, and followup services.
(b) The Commissioner shall approve arrangements under subsection (a)
of this section if he finds--
(1) that the funds for which assistance is sought will be used for
one of the purposes set forth in subsection (a) of this section,
and
(2) that effective procedures, including objective
measurements, will be adopted for evaluating at least annually the
effectiveness of the project.
(c) For the purpose of carrying out the provisions of this section
there is authorized to be appropriated $15,000,000 for the fiscal year
1979 and for each fiscal year ending prior to October 1, 1983.
(d) Notwithstanding any other provision of law, no funds may be made
available under the provisions of section 406(f)(1) of the Education
Amendments of 1974 // 20 USC 1865. // for grants or contracts with
institutions of higher education for any fiscal year in which funds are
appropriated pursuant to subsection (c) of this section.
Sec. 12. // 20 USC 2611. // (a) In consultation with members of the
National Occupational Information Coordinating Committee, the
Commissioner shall examine the occupaional information needs of
individuals and organizations eligible for participation in programs
assisted by this Act. The examination shall consider the present
activities of the National Occupational Information Coordinating
Committee, the State Occupational Information Coordinating Committee,
and other occupational information activities of the Office of
Education, the National Institute of Ducation, the Bureau of Labor
Statistics, the Employment and Training Administration, and such other
Federal agencies as the Commissioner deems appropriate. Upon the
conclusion of the examination, the Commissioner shall, either directly
or by way of grant, contract or other arrangement, furnish information
to interestd parties on Federal programs which gather, analyze and
disseminate occupational and career information.
(b) The Commissioner shall, either directly or by way of grant,
contract or other arrangement, disseminate information to interested
parties on exemplary career education programs, including but not
limited to programs assisted under this Act.
Sec. 13. // 20 USC 2612. // (a)(1) The Office of Career Education
created pursuant to section 406 of the Education Amendments of 1974
shall be the administering agency within the Office of Education for the
review of the State plans, applications, and reports submitted pursuant
to this Act. In addition, the Office of Career Education shall perform
a national leadership role in furthering the purposes of this Act.
(2) The Office of Career Education shall, upon request, provide
technical assistance to all participating State educational agencies and
to Guam, the Virgin Island, American Samoa, and the Trust Territory of
the Pacific Islands.
(b) The National Advisory Council on Career Education created
pursuant to section 406 of the Education Amendments of 1974 shall
perform the same functions with respect to the programs authorized under
this Act as the Council is authorized to perform with respect to the
programs authorized under that section.
(c) Nothing in this Act shall be construed to prohibit the National
Institute of Education from continuing to carry out its functions in the
field of career education. The Assistant Secretary of Health,
Education, and Welfare for Education shall assure such cooperation as
the Assistant Secretary deems appropriate between the Office of
Education and the Institute to indentify research and development
priorities and, either directly or through arrangements with public
agencies and private organizations (including institutions of higher
education), to disseminate the results of the research and development
undertaken by the Institute.
(d) The Office of Education shall provide the Office of Career
Education and the National Advisory Council on Career Education with
sufficient staff and resources required to carry out their
responsibilties under this Act and under section 406 of the Education
Amendments of 1974.
(e) Section 406(g)(1)(B) of the Education Amendments of 1974 // 20
USC 1865. // is amended to read as follows:
"(B) not less than fifteen public members broadly
representative of the fields of education, guidance, and
counseling, the arts, the humanities, the sciences, community
services, business and industry, and the general public, including
(i) members of organinations of handicapped person, minority
groups knowledgeable with respect to discrimination in employment
and stereotyping affecting career choices, and women who are
knowledgeable with respect to sex discrimination and stereotyping,
and (ii) not less than two members who shall be representative of
labor and of business, respectively.".
Sec. 14. // 20 USC 2613. // (a) Unless the Commissioner finds the
requirements of this subsection unnecessary, not later than December 31
of each fiscal year each State receiving funds under this Act shall
submit to the Commissioner a report evaluating the programs assisted
with funds provided under this Act ofr the preceding fiscal year. Such
report shall include--
(1) an analysis of the extent to which the objectives set out
in the State plan submitted pursuant to section 6 have been
fulfilled during that preceding fiscal year;
(2) a description of the extent to which the State and local
educational agencies within the State are using State and local
resources to implement these objectives and a description of the
extent to which funds received under this Act have been used to
achieve these objectives; and
(3) a description of the exemplary programs funded within the
State, including and analysis of the reasons for their success,
and a description of the programs which were not successful within
the State, including an analysis of the reasons for their failure.
(b) The Commissioner, through the Office of Career Education, shall
analyze each one of the State reports submitted pursuant to subsection
(a) and shall provide to the State no later than three months after the
date of such submission an analysis of the report and recommendations
for improvement in the operation and administration of programs being
provided by the State with funds made available under this Act.
(c) The Commissioner shall conduct a comprehensive review of a random
sample of the State programs funded under this Act and shall submit a
report on such review to the Committee on Education and Labor of the
House of Representatives and the Committee on Human Resources of the
Senate by no later than September 30, 1982.
Sec. 15. For purposes of this Act // 20 USC 2614. // the term--
(1)(A) "career education", for the purposes of this Act, except
for paragraphs (2) and (3) of section 8(a), and sections 8(b),
8(c), 9, 10, and 11, means the totality of experiences, which are
designed to be free of bias and stereotyping (including bias or
stereotyping on account of race, sex, age, economic status, or
handicap), through which one learns about, and prepares to engage
in, work as part of his or her way of living, and through which he
or she relates work values to other life roles and choices (such
as family life);
(B) "career education", for purposes of paragraphs (2) and (3)
of section 8(a), and sections 8(b), 8(c), 9, 10, and 11, shall be
limited to activities involving career awareness, exploration,
decisionmaking, and planning, which activities are free of or are
designed to eliminate bias and stereotyping (including bias or
stereotyping on account of race, sex, age, econimic status, or
handicap), and shall not include any activities carried out by
such agencies involving specific job skill training;
(2) " Commissioner" means the Commissioner of Education;
(3) "handicapped" means mentally retarded, hard of hearing,
deaf, speech impaired, visually handicapped, seriously emotionally
disturbed, orthopedically impaired, or other health impaired
persons, or persons with specific learning disabilities who by
reason thereof require special education and related services;
(4) "local educational agency" has the meaning given such term
by section 801(f) of the Elementary and Secondary Education Act of
1965; // 20 USC 881. //
(5) " State" means the several States, the District of
Columbia, and the Commonwealth of Puerto Rico; and
(6) " State educational agency" has the meaning given such term
by section 801(k) of the Elementary and Secondary Education Act of
1965.
Sec. 16. Section 332 of the Education Amendments of 1976 // 20 USC
2502. // is amended--
(1) in subsection (b)(2), by striking out "3 per centum" and
inserting in lieu thereof "1 per centum", and by striking out "the
Commonwealth of Puerto Rico,"; and
(2) in subsection (b)(3)(B), by striking out "and the District
of Columbia" and inserting in lieu thereof ", the District of
Columbia, and the Commonwealth of Puerto Rico".
LEGILSATIVE HISTORY:
HOUSE REPORTS: No. 95 - 150 (Comm. on Education and Labor) and No.
95 - 816
(Comm. of Conference).
SENATE REPORTS: No. 95 - 498 accompanying S. 1328 and 95 - 513
(both from Comm. on Human Resources).
CONGRESSIONAL Record, Vol. 123 (1977):
Apr. 5, considered and passed House.
Oct. 20, considered and passed Senate, amended, in lieu of S.
1328.
Nov. 22, Senate agreed to conference report.
Nov. 29, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 51:
Dec. 13, Presidential statement.
PUBLIC LAW 95-206, 91 STAT. 1462
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subpart B of
part 1 of the Appendix to the Tariff Schedules of the United States (19
U.S.C. 1202) // 19 USC 1202 app. // is amended by inserting immediately
before item 907.80 the following new item:
(b) // 19 USC 1202 app. note. // The amendment made by subsection
(a) shall apply with respect to articles entered, or withdrawn from
warehouse, for consumption on or after the date of the enactment of this
Act.
Sec. 2. // 19 USC 1202 app. // (a) Subpart B of part 1 of the
Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202)
is amended by inserting immediately before item 907.60 the following new
items:
(b) // 19 USC 1202 app. note. // The amendment made by subsection
(a) shall apply with respect to articles entered, or withdrawn from
warehouse, for consumption on or after the date of the enactment of this
Act.
Sec. 3. (a)(1) Notwithstanding the provisions of section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the
entries listed in paragraph (2) covering certain musical instruments,
shall be liquidated or reliquidated and, if appropriate, refund of
duties made. Notwithstanding the provisions of General Headnote 3(e) of
the Tariff Schedules of the United States (19 U.S.C. 1202) or any other
provision of law, for purposes of the liquidations or reliquidations
authorized by this subsection, such entries shall be appraised at
invoice unit prices net, packed, and shall be subject to duty at the
applicable rates set forth in column 1 of such schedules.
(2) The entries referred to in paragraph (1) are as follows:
(b) In order to permit Jack R. Misner, of North Tonawanda, New York,
to complete the renovation of the schooner Panda (entry numbered 902261,
Septermber 25, 1972) within the United States (which renovation has been
delayed because of material shortages), the Secretary of the Treasury,
notwithstanding the provisions of subpart 5 C of schedule 8 of the
Tariff Schedules of the United States (19 U.S.C. 1202), shall extend the
expiration date of the temporary importation bond covering the schooner
Panda until the close of September 18, 1977.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 420 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 432 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 123 (1977):
July 18, considered and passed House.
Sept. 21, considered and passed Senate, amended.
Oct. 25, House concurred in certain Senate amendments,
concurred in Senate amendment No. 5 with an amendment, and
disagreed to Senate amendment No. 6.
Nov. 29, Senate concurred in House amendment to No. 5 and
receded from amendment No. 6.
PUBLIC LAW 95-205, 91 STAT. 1460
Resolved by the Senate and House of Representative of the United
States of America in Congress assembled, That the following sums are
appropreated out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of the Government for the
fiscal year 1978, namely:
Sec. 101. Such amounts as may be necessary for continuing projects or
activities which were conducted in the fiscal year 19778 and for which
appropriations, funds, or other authority would be available in the
District of Columbia Appropriations Act, 1978 (H.R. 9005) as passed the
House of Representatives or the Senate, but at a rate of operations not
in excess of the current rate: Provided, That the Advisory Neighborfook
Commissions shall be continued at an annual rate of not to exceed
$500,000: Provided further, That the rate of operations for the
Disaster Loan Fund of the Small Business Administration contained in
said Act shall be the rate as passed the Senate.
Such amounts as may be necessary for projects or activities provided
for in the Departments of Labor, and Health, Education, and Welfare, and
Related Agencies Appropriation Act, 1978 (H.R. 7555), at a rate of
operations, and to the extent and in the manner, provided for in such
Act, notwithstanding the provisions of Sec. 106 of this joint
resolution: Provided, That none of the funds provided for in this
paragraph shall be used to perform abortions except where the life of
the mother would be endangered if the fetus were carreid to term; or
except for such medical procedures necessary for the victims of rape or
incest, when such rape or incest has been reported peomptly to a law
enforcement agency or public health service; or except int those
instances where severe and long-lasting physical health damage to the
mother would result if the pregnancy were carried to term when so
determined by two physicians.
Nor are payments prohibited for drugs or devices to prevent
implantation of the fertilized ovum, or for medical procedures necessary
for the termination of an ectopic pregnancy.
The Secretary shall promptly issue regulations and establish
procedures to ensure that the provisions of this section are rigorously
enforced.
Sec. 102. Appropriations and funds made available and authority
granted pursuant to this joint resolutionshall be available fromp
December 1, 1977, and shall remain available until (a) enactment into
law of an appropriation for any project or activity provided for in this
joint resolution, or (b) September 30, 1978, whichever first occurs.
Sec. 103. Appropriations and funds made available or authority
granted pursuant to this joint resolution may be used without regard to
the time limitations for submission and approval of apportionments set
forth in 31 U.S.C 665(d)(2), but nothing herein shall be construed to
waive any other provision of law governing the apportionment of funds.
Sec. 104. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expensitures incurred
for any project or activity during the period for which funds or
authority for such project or activity are available under this joint
resolution.
Sec. 105. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 106. No appropriation or fund made available or authority
granted pursuant to this joint resolution shall be used to initiate or
resume any project or activity for which appropriations, funds, or other
authority were not available during the fiscal year 1977.
Sec. 107. All obligations incurred in anticipation of the
appropriations and authority provided in this joint resolution are
hereby ratified and confirmed if otherwise in accordance with the
provisions of this joint resolution
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 824 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Dec. 6, considered and passed House; considered and passed
Senate, amended.
Dec. 7, House concurred in Senate amendment No. 1, concurred in
Senate amendment No. 2 with an amendment. Senate concurred in
House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 50:
Dec. 9, Presidential statement.
PUBLIC LAW 95-204, 91 STAT. 1455, VETERANS AND SURVIVORS PENSION
ADJUSTMENT ACT OF 1977
Be it enacted by Senate and House of Representatives of the United
States of America in Congress assembled, That this Act be cited as the "
Veterans and Survivors Pension Adjustment Act of 1977". // 38 USC 101
note. //
Sec. 101. Section 521 of title 38, United States Code, is amended
by--
(1) amending the table in subsection (b)(1) to read as
follows:
(2) striking out "$3,540" in subsection (b)(3) and inserting in
lieu thereof "$3,770";
(3) amending the table in subsection (c)(1) to read as follows:
(4) striking out "$4,760" in subsection (c)(3) and inserting in
lieu thereof "$5,070";
(5) striking out "$155" in paragraphs (1) and (2) of subsection
(d) and inserting in lieu thereof "$165"; and
(6) striking out "$57" in subsection (e) and insertin in lieu
thereof "$61".
Sec. 102. Section 541 of title 38, United States Code, is amended
by--
(1) amending the table in subsection (b)(1) to read as follows:
(2) striking out "$3,540" in subsection (b)(3) and inserting in
lieu thereof "$3,770";
(3) amending the table in subsection (c)(1) to read as follows:
(4) striking out "$4,760" in subsection (c)(2) and inserting in
lieu thereof "$5,070"; and
(5) striking out "$24" in subsection (d) and inserting in lieu
thereof "$26".
Sec. 103. Section 542 of title 38, United States Code, is amended
by--
(1) striking out "$57" and "$24" in subsection (a) and
inserting in lieu thereof "$61" and "$26" respectively ; and
(2) striking out "$2,890" in subsection (c) and inserting in
lieu thereof "$3,080".
Sec. 104. Section 544 of title 38, United States Code, is amended by
striking out "$74" and inserting in lieu thereof "$79".
Sec. 105. Section 4 of Public Law 90-275 (82 Stat. 68) // 38 USC 521
note. // is amended to read as follows:
" Sec. 4. The income limitations governing payment of pension under
the first sentence of section 9(b) of the Veterans' Pension Act of 1959
// 38 USC 521 note. // hereafter shall be $3,300 and $4,760 instead of
$3,100 and $4,460, respectively.".
Sec. 201. Section 415 of title 38 United States Code is amended by--
(1) amending the table in subsection (b)(1) to read as follows:
(2) striking out "$3,540" in subsection (b)(3) and inserting in
lieu thereof "$3,770";
(3) amending the table in subsection (c)(1) to read as follows:
(4) striking out "$3,540" in subsection (c)(3) and inserting in
lieu thereof "$3,770";
(5) amending the table in subsection (d)(1) to read as follows:
(6) striking out "$4,760" in subsection (d)(3) and inserting in
lieu thereof "$5,070"; and
(7) striking out "$74" in subsection (h) and inserting in lieu
thereof "$79".
Section 301. Section 322(b) of title 38, United States Code, is
amended by striking out "$74" and inserting in lieu thereof "$79".
Sec. 302. // 38 USC 322 note. // The provisions of this Act shall
take effect January 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 411 (Comm. on Veterans' Affairs).
SENATE REPORT No. 95 - 374 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
July 12, considered and passed House.
Aug. 3, considered and passed Senate, amended.
Sept. 21, House concurred in Senate amendment with an
amendment; Senate disagreed to House amendment.
Nov. 3, House agreed to Senate amendment with an amendment;
Senate agreed to House amendment.
PUBLIC LAW 95-203, 91 STAT. 1451, SACCHARIN STUDY AND LABELING ACT.
Health, Education, and Welfare from taking certain
action restricting the continued use of saccharin as a
food, drug, and cosmetic; to require certain labels and
notices for
foods containin saccharrin; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. // 21 USC 301 note. // This Act may be cited as the "
Saccharin Study and Labeling Act".
Sec. 2. // 21 USC 343 note. // (a) (1) The Secretary of Health,
Education, and Welfare (hereinafter in this Act referred to as the "
Secretary") shall arrange, in accordance with subsection (b), for the
conduct of a study, based on available information, of
(A) current technical capabilities to predict the direct or
secondary carcincgenicity or other toxicity in humans of
substances which are added to, become a part of, or naturally
occur in, food and which have veen found to cause cancer in
animals;
(B) the direct and indirect health benefits and risks to
individuals from foods which contain carcinogenic or other toxic
substances;
(C) the existing means of evaluating the risks to health from
the carcinogenicity or other toxicity of such substances, the
existing means of evaluating the health benefits of foods
containing such substances, and the existing statutory authority
for, and appropriateness of, weighing such risks against such
benefits; (D) instances in which requirements to restrict or
prohibit the use of such substances do not accord with the
relationship between such risks and benefits; and
(E) the relationship between existing Federal food regulatory
policy and existing Federal regulatory policy applicable to
carcinogenic and other toxic substances used as other than foods.
(2) The Secretary shall arrange, in accordance with subsection (b),
for the conduct of a study to determine, to the extent feasible--
(A) the chemical identity of any impurities contained in
commercially used saccharin,
(B) the toxicity or potential toxicity of any such impurities,
including their carcinogenicity or potential carcinogenicity in
humans, and
(C) the health benefits, if any, to humans resulting from the
use of nonnutritive sweeteners in general and saccharin in
particular.
(b) (1) The Secretary shall first request the National Academy of
Sciences (hereinafter in this section referred to as the " Academy"),
acting through appropriate units, to conduct the studies, required by
subsection (a), under an arrangement whereby the actual expenses
incurred by the Academy directly related to the conduct of such studies
will be paid by the Secretary. If the Academy agrees to such request,
the Secretary shall enter into such an agreement with the Academy.
(2) If the Academy declines the Secretary's request to conduct any
such study under such an arrangement, then the Secretary shall enter
into a similar arrangement with another appropriate public or nonprofit
private entity to conduct such study.
(3) Any arrangement entered into under paragraph (1) or (2) of this
subsection for the conduct of a study shall require that such study be
completed and reports thereon be submitted within such period as the
Secretary may require to meet the requirements of subsection (c).
(c) (1) Within 12 months of the date of the enactment of this Act the
Secretary shall report to the Committee on Human Resources of the Senate
and the Committee on Interstate and Foreign Commerce of the House of
Representatives (A) the results of the study conductedp pursuant to
subsection (a)(2) (including supporting data and other materials
provided by the entity which conducted the study), and (B) any action
proposed to be taken on the basis of the results of the study.
(2) Within 15 months of the date of the enactment of this Act the
Secretary shall report to the Committee on Human Resources of the Senate
and the Committee on Interstate and Foreign Commerce of the House of
Representative (A) the results of the studies (including supporting data
and other materials provided by the entity which conducted the study)
conducted pursuant to subsection (a)(1), (B) the recommendations, if
any, of such entity for legislative and administrative action, and (C)
such recommendations for legislative action as the Secretary deems
necessary.
(d) For purposes of this section and section 3, the term "saccharrin"
includes calcium saccharin, sodium saccharin, and ammonium saccharin.
Sec. 3. // 21 USC 348 note. // During the 18-month period beginning
on the date of the enactment of this Act, the Secretary--
(1) may not amend or revoke the interim food additive
regulation of the Food and Drug Administration of the Department
of Health, Education, and Welfare applicable to saccharin and
published on March 15, 1977 (section 180.37 of part 180,
subchapter B, chapter 1, title 21, Code of Federal Regulations (42
Fed. Reg. 14638)), or
(2) may, except as provided in section 4 and the amendments
made by such section, not take any other action under the Federal
Food, Drug, and a Cosmetic Act
// 21 USC 301. //
to prohibit or restrict the sale or distribution of sacchrin, any
food permitted by such interim food additive regulation to contain
saccharin, or any drug or cosmetic containing saccharin,
soley on the basis of the carcinogenic or other toxic effect of
saccharin as determined by any study made available to the Secretary
before the date of the enactment of this Act which involved human
studies or animals testing or both.
Sec. 4. // 21 USC 343. // (a)(1) Section 403 of the Federal Food,
Drug, and Cosmetic Act is amended by adding at the end thereof the
following new paragraph:
"(o)(1) If it contains saccharin, unless, except as provided in
subparagraph (2), its label and labeling bear the following statement:
USE OF THIS PRODUCT MAY BE HAZARDOUS TO YOUR HEALTH. THIS PRODUCT
CONTAINS SACCHARIN WHICH HAS BEEN DETERMINED TO CAUSE CANCER IN
LABORATORY ANIMALS'. Such statement shall be localted in a conspicuous
place on such label and labeling as proximate as possible to the name of
such food and shall appear in conspicuous and legible type in contrast
by typography, layout, and color with other printed matter on such label
and labeling.
"(2) The Secretary may by regulation review and revise or remove the
requirement of subparagraph (1) if the Secretary determines such action
is necessary to reflect the current state of knowledge concerning
saccharin.".
(2) The amendment made by paragraph (1) // 21 USC 343 note. // shall
apply only with respect to food introduced or delivered for introduction
in interstate commerce on and after the 90th day after the date of the
enactment of this Act.
(3) The Secretary shall report to the Committee on Human Resources of
the Senate and the Committee on Interstate and Foreign Commerce of the
House of Representatives any action taken under section 403(o)(2) of the
Federal Food, Drug, and Cosmetic Act. // 21 USC 343 note. //
(b)(1) Section 403 of the Federal Food, Drug, and Cosmetic Act is
amended by adding after paragraph (o) the following new paragraph:
"(p)(1) If it contains saccharin and is offered for sale, but not for
immediate consumption, at a retail establishment, unless such retail
establishment displays prominently, where such food is held for sale,
notice (provided by the manufacturer of such food pursuant to
subparagraph (2)) for consumers respecting the information required by
paragraph (o) to be on food labels and labeling.
"(2) Each manufacturer of food which contains saccharin and which is
offered for sale by retail establishments but not for immediate
consumption shall, in accordance with regulations promulgated by the
Secretary pursuant to subparagraph (4), take such action as may be
necessary to provide such retail establishments with the notice required
by subparagraph (1).
"(3) The Secretary may by regulation review and revise or remove the
requirement of subparagraph (1) if he determines such action is
necessary to reflect the current state of knowledge concerning
saccharin.
"(4) The Secretary shall by regulation prescribe the form, text, and
manner of display of the notice required by subparagraph (1) and such
other matters as may be required for the implementation of the
requirements of that subparagraph and subparagraph (2). Regulations of
the Secretary under this subparagraph shall be promulgated after an oral
hearing baut without regard to the National Environmental Policy Act of
1969 // 42 USC 4321 note. // and chapter 5 of title 5, United States
Code . // 5 USC 500 et seq. // In any action brought for judicial
review of any such regulation, the reviewing court may nto postpone the
effective date of such regulation.".
(2) The amendment made by paragraph (1) // 21 USC 343 note. // shall
apply with respect to food which is sold in retail establishments on or
after the 90th day after the effective date of the regulations of the
Secretary of Health, Education, and Welfare under paragraph (p)(4) of
the Federal Food, Drug, and Cosmetic Act.
(3) Section 201 of the Federal Food, Drug, and Cosmetic Act // 21 USC
321. // is amended by adding at the end thereof the following:
"(z) The term 'sacchrin' includes calcium saccharin, sodium
saccharin, and ammonium saccharin.".
(c) // 21 USC 343a. // The Secretary may by regulation require
vending machines through which food containing saccharin is sold to bear
a statement of the risks to health which may be presented by the use of
sacchrin. A regulation under this subsection shall require such
statement to be located in a conspicuous place on such vending machine
and as proximate as possible to the name of each food containing
saccharin which is sold through such machine. Any food containing
saccharin which is sold in a vending machine which does not meet any
applicable requirement promulgated under this subsection shall, for
purposes of the Federal Food, Drug, and Cosmetic Act, // 21 USC 301. //
be considered a misbranded food.
(d) The Secretary shall (1) prepare information respecting the nature
of the controversy surrounding the use of food containing saccharin, and
(2) provide for the distribution of such information for display by
retail establishments where such food is sold but not for immediate
consumption. The Secretary may review and revise such information if he
determines such action is necessary to to reflect the current state of
knowledge concerning the risks to health presented by the use of
saccharin.
Sec. 5. (a) Section 204(d) of the National Research Act (Public Law
93 - 348) // 42 USC 289l-1 note. // is amended by striking out
"36-month period" each place it appears and inserting in lieu thereof
"42-month period".
(b) Section 211(b) of such Act // 42 USC 218 note. // is amended by
striking out " January 1, 1978" and inserting in lieu thereof " November
1, 1978".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 658 accompanying H.R. 8518 (Comm. of
Interstate and Foreign Commerce) and No. 95 - 810 (Comm. of Conference).
SENATE REPORTS: No. 95 - 353 (Comm. on Human Resources) and No. 95 -
369 (Comm. on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Sept. 14, 15, considered and passed Senate.
Oct. 17, considered and passed House, amended, in lieu of H.R.
8518.
Nov. 3, House agreed to conference report.
Nov. 4, Senate agreed to conference report.
PUBLIC LAW 95-202, 91 STAT. 1433, GI BILL IMPROVEMENT ACT OF 1977.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 38 USC
101 // may be cited as the " GI Bill Improvement Act of 1977".
Sec. 101. The table contained in section 1504(b) of title 38, United
States Code, is amended to read as follows:
Sec. 102. Chapter 34 of title 38, United States Code, is amended
by--,
(1) striking out in the last sentence of section 1677 (b)
// 38 USC 1677. //
"$270" and inserting in lieu thereof "$288";
(2) amending the table contained in paragraph (1) of section
1682(a)
// 38 USC 1682. //
to read as follows:
(3) striking out in section 1682(b) "$292" and inserting in
lieu thereof "$311";
(4) amending the table contained in paragraph (2) of section
1682(c) to read as follows:
(5) striking out in section 1692(b)
// 38 USC 1692. //
"$65" and "$780" and inserting in lieu thereof "$69" and "$828",
respectively; and
(6) striking out in section 1696(b) "$292" and inserting in
lieu thereof "$311".
Sec. 103. Chapter 35 of title 38, United States Code, is amended
by--,
(1) striking out in section 1732(b)
// 38 USC 1732. //
"$235" and inserting in lieu thereof "$251"; and
(2) striking out in section 1742(a)
// 38 USC 1742. //
"$292", "$92", "$92", and "$9.76" and inserting in lieu thereof
"$311", "$98", "$98", and "$10.40", respectively.
Sec. 104. Chapter 36 of title 38, United States Code, is amended
by--,
(1) striking out in section 1786(a)(2)
// 38 USC 1786. //
"$292" and inserting in lieu thereof "$311";
(2) amending the table contained in paragraph (1) of section
1787(b)
// 38 USC 1787. //
to read as follows:
and
(3) striking out in paragraph (3) of section 1798(b)
// 38 USC 1798. //
"$292" and inserting in lieu thereof "$311".
Sec. 105. Subsection (a) of section 1685 of title 38, United States
Code, is amended by--,
(1) striking out in the second sentence "in the amount of $625"
and inserting in lieu thereof "in an amount equal to either the
amount of the hourly minimum wage in effect under section 6( a) of
the Fair Labor Standards Act of 1938 times two hundred and fifty
or $625, whichever is the higher,"; and
(2) striking out the third and fourth sentences and inserting
in lieu thereof the following: " An agreement may be entered into
for the performance of services for periods of less than two
hundred and fifty hours. The amount of the work-study allowance
to be paid under any such agreement shall be determined by
multiplying the number of hours of work performed by the
veteran-student under such agreement times either the hourly
minimum wage in effect under section 6(a) of the Fair Labor
Standards Act of 1938 during the period the work is to be
performed or $2.50, whichever is the higher. A veteran-student
shall be paid in advance an amount equal to 40 per centum of the
total amount of the work-study allowance agreed to be paid under
the agreement in return for the veteran-student's agreement to
perform the number of hours of work specified in the agreement.".
Sec. 201. (a) Chapter 34 of title 38, United States Code, is amended
by inserting after section 1682 the following new section:
" Sec. 1682 A. // 38 USC 1682 A // Accelerated payment of
educational assistance allowances
"(a) The Administrator, in accordance with the provisions of this
section and section 1798(f) of this title and regulations which the
Administrator shall prescribe under such sections, shall accelerate the
payment of educational assistance allowances (hereinafter in this
section referred to as 'accelerated payment') to an eligible veteran who
makes application and is eligible therefor and proportionally reduce the
educational entitlement of such veteran under section 1661 of this
title. // 38 USC 166. //
"(b) An eligible veteran who makes application for accelerated
payment shall be eligible for such payment in connection with each
school term for which such veteran applies for such accelerated payment
only if--,
"(1) such veteran was enrolled as a full-time student during
such school term;
"(2) such veteran was entitled to an educational assistance
allowance under section 1661
// 38 USC 1661. //
during such school term;
"(3) such veteran has received, after the date of enactment of
this section, a loan for such school term pursuant to section 1798
of this title;
"(4) the combined amount of tuition and fees of the educational
institution in which such veteran was enrolled was in excess of
$700 for such school term;
"(5) the educational institution in which such veteran was
enrolled has certified to the Administrator that such veteran has
satisfactorily completed the program of education and attained the
predetermined and identified educational, professional, or
vocational objective which such veteran has been pursuing and has
on such basis been awarded by such institution the appropriate
educational degree, diploma, or certificate signifying such
completion and attainment;
"(6) such application was filed with the Administrator within
180 days after the date (A) on which the degree, diploma, or
certificate described in clause (5) of this subsection has been
awarded to such veteran, or (B) on which the appropriate State or
local governmental unit establishes a program described in clause
(8) of this subsection, whichever date is the later;
"(7) the educational institution in which such veteran was
enrolled has certified for such school term that 35 per centum or
less (or such other per centum as the Administrator prescribes
pursuant to section 1673(d) of this title) of the total number of
students enrolled in such institution (computed separately for the
main campus and any branch or extension of such institution
pursuant to regulations prescribed by the Administrator under
section 1673(d) of this title) were students receiving educational
assistance benefits under this chapter or chapter 31, 32, 35, or
36 of this title; and
// 38 USC 1501, 1601, 1700, 1770. //
"(8) the State (or local governmental unit with jurisdiction
over the geographical area, or both such State and such unit) in
which is located the educational institution in which such veteran
was enrolled pays to the Veterans' Administration (for deposit in
the Veterans' Administration Education Loan Fund established by
section 1799 of this title)
// 38 USC 1799. //
on such veteran's behalf an amount not more than the amount of
accelerated payment which the Administrator is authorized to make
on behalf of such veteran under this section, pursuant to a
program established, within five years after the date of enactment
of this section, by such State (or unit or both) to match the
maximum or a lesser amount of the accelerated payment which the
Administrator is authorized to make to any eligible veteran under
this section, except that such State (or unit) may limit such
program to veterans who are bona fide residents of such State (or
unit).
"(c) Accelerated payments made under this section by the
Administrator and matching amounts paid to the Administrator by a State
or local governmental unit, as described in subsection (b) (8) of this
section, shall constitute a collection of principal on loans made under
subchapter III of chapter 36 of this title // 38 USC 1798 // and shall
be deposited in the Veterans' Administration Education Loan Fund
established by section 1799 of this title. The Administrator shall
promptly notify each veteran on whose behalf such a principal collection
and deposit has been made of the amount by which such collection and
deposit reduces the principal repayment obligation of such veteran.
"(d) In no event may the amount of accelerated payment made by the
Administrator in connection with any school term exceed (1) an amount
equal to the educational assistance allowance to which such veteran was
otherwise entitled under section 1682 of this title for such school
term, (2) an amount equal to 33 1/3 per centum of the amount by which
the expenses of tuition and fees are in excess of $700 for such school
term, (3) an amount equal to 33 1/3 per centum of the amount by which
the amount of the outstanding obligation of such veteran under any loan
made pursuant to section 1798 of this title is in excess of $700, or (4)
the amount which the State (or local governmental unit or both)
concerned pays to the Administrator to match the accelerated payment to
be made by the Administrator on behalf of such veteran, whichever is the
least amount.
"(e) As used in this section, the term 'school term' means--,
"(1) in the case of an institution of higher learning operating
on a quarter system, three such consecutive quarters;
"(2) in the case of an institution of higher learning operating
on a semester system, two such consecutive semesters; or
"(3) in the case of an educational institution not an
institution of higher learning, or, in the case of an institution
of higher learning not operating on a quarter or semester system,
any time division, approved by the Administrator, of a program of
education within which segments of the program are completed.".
(b) Chapter 35 of title 38, United States Code, is amended by
inserting after section 1737 the following new section:
" Sec. 1738. // 38 USC 1738. // Accelerated payment of educational
assistance allowances
" An eligible person shall be entitled to an accelerated payment of
educational assistance allowances pursuant to the provisions of section
1682 A of this title.".
(c)(1) The table of sections at the beginning of chapter 34 of such
title // 38 USC prec. 1651. // is amended by inserting
"1682 A. Accelerated payment of educational assistance allowances.".
below
"1682. Computation of educational assistance allowances.".
(2) The table of sections at the beginning of chapter 35 of such
title // 38 USC prec. 1700. // is amended by inserting
"1738. Accelerated payment of educational assistance allowances."
below
"1737. Education loans.".
(d) The Administrator of Veterans' Affairs, not later than 60 days
after the date of enactment of this Act, shall notify each appropriate
educational institution that accelerated payments (as provided for in
subsection (a) of this section) // 38 USC 1682 A // may be available for
certain students enrolled at such institutions, specifying the full
conditions and procedures governing such payments, and not later than 90
days after such date of enactment, shall publish in the Federal
Register, and notify each State of, the rules and regulations governing
the accelerated payment program.
(e) Notwithstanding the provisions of section 1682 A or section 1738
of title 38, United States Code, as added by subsections (a) and (b) of
this section, // 38 USC 1682 A // eligible veterans and eligible persons
entitled thereunder shall, in connection with a semester or two
consecutive quarters beginning after January 1, 1978, and ending prior
to August 1, 1978, be entitled to accelerated payment of educational
assistance allowances upon application therefor, but the amounts of such
accelerated payment which may be made in connection with any such
semester or quarters, the number of months by which such veteran's or
person's entitlement shall be reduced, and any quantifiable eligibility
criteria shall be appropriately prorated by the Administrator of
Veterans' Affairs.
Sec. 202. Section 1798 of title 38, United States Code, is
amended by--,
(1) striking out in subsection (b) (3) "$1,500" and inserting
in lieu thereof "$2,500"; (2) amending subsection (c) by--,
(3) inserting in subsection (e) (3) a comma and "separately
with respect to loans made under this section the repayment of
which is accelerated under section 1682 A of this title and loans
made under this section the repayment of which is not so
accelerated" after "institutions"; and
(4) inserting at the end thereof the following new
subsection:
"(f) (1) At the time of application by any eligible veteran for a
loan under this section, such veteran shall assign to the benefit of the
Veterans' Administration (for deposit in the Veterans' Administration
Education Loan Fund established under section 1799 of this title) the
amount of any accelerated payment to which such eligible veteran may
become entitled from the Administrator and any matching contribution by
a State or local governmental unit pursuant to section 1682 A (b)(8) of
this title in connection with the school term for which such veteran has
applied.
"(2) Payment of a loan made under this section shall be drawn in
favor of the eligible veteran and mailed promptly to the educational
institution in which such veteran is enrolled. Such institution shall
deliver such payment to the eligible veteran as soon as practicable
after receipt thereof. Upon delivery of such payment to the eligible
veteran, such educational institution shall promptly submit to the
Administrator a certification, on such form as the Administrator shall
prescribe, of such deliverty, and such deliverty shall be deemed to be
an advance payment under section 1780(d)(5) of this title // 38 USC
1780. // for purposes of section 1784(b) of this title.
"(3) For purposes of this subsection, the term 'eligible veteran'
includes eligible person as such term is defined in section 1701(1) of
this title.". // 38 USC 1701. //
Sec. 203. (a)(1) Section 1662 of title 38, United States Code, is
amended by striking out the period at the end of subsection (a) and
inserting in lieu thereof a semicolon and "except that, in the case of
any eligible veteran who was prevented from initiating or completing
such veteran's chosen program of education within such time period
because of a physical or mental disability which was not the result of
such veteran's own willful misconduct, such veteran shall, upon
application, be granted an extension of the appicable delimiting period
for such length of time as the Administrator determines, from the
evidence, that such veteran was prevented from initiating or completing
such program of education.".
(2) Section 1712(b) of title 38, United States Code, is amended by--,
(A) inserting "(1)" after "(b)",
(B) redesignating clauses (1) and (2) as clauses (A) and (B),
and
(C) adding at the end thereof the following new paragraph:
"(2) Notwithstanding the provisions of paragraph (1) of this
subsection, in the case of any eligible person (as defined in section
1701(a)(1)(B), (C), or (D) of this chapter) // 38 USC 1701. // who was
prevented from initiating or completing such person's chosen program of
education within such period because of a physical or mental disability
which was not the result of such person's own willfull misconduct, such
person shall, upon application, be granted an extension of the
applicable delimiting period for such length of time as the
Administrator determines, from the evidence, that such person was
prevented from initiating or completing such program of education.".
(b)(1) Section 1662(a) of title 38, United States Code, is further
amended by inserting "(1)" after "(a)" and inserting at the end thereof
the follwoing new paragraph:
"(2)(A) Notwithstanding the provisions of paragraph (1) of this
subsection, any veteran shall be permitted to use any of such veteran's
unused entitlement under section 1661 of this title // 38 USC 1661. //
for the purposes of eligibility for an education loan, pursuant to the
provisions of subchapter III of chapter 36 of this title, // 38 USC 1798
// after the delimiting date otherwise applicable to such veteran under
such paragraph (1), if such veteran was pursuing an approved program of
education on a full-time basis at the time of the expiration of such
veteran's eligibility.
"(B) Notwithstanding any other provision of this chapter or chapter
36 of this title, // 38 USC 1770 // any veteran whose delimiting period
is extended under subparagraph (A) of this paragraph may continue to use
any unused loan entitlement under this paragraph as long as the veteran
continues to be enrolled on a full-time basis in pursuit of the approved
program of education in which such veteran was enrolled at the time of
expiration of such veteran's eligibility (i) until such entitlement is
exhausted, (ii) until the expiration of two years after the date of
enactment of this paragraph or the date of the expiration of the
delimiting date otherwise applicable to such veteran under paragraph (1)
of this subsection, whichever is later, or (iii) until such veteran has
completed the approved program of education in which such veteran was
enrolled at the end of the delimiting period referred to in paragraph
(1) of this subsection, whichever occurs first.".
(2) Section 1712 of title 38, United States Code, is amended by
redesignating subsection (f) as subsection (g) and inserting after
subsection (e) the following new subsection:
"(f) Any eligible person (as defined in section 1701(a)(1) (B), (C),
or (D) of this chapter) shall be entitled to an additional period of
eligibility for an education loan under subchapter III of chapter 36 of
this title beyond the mazimum period provided for in this section
pursuant to the same terms and conditions set forth with respect to an
eligible veteran in section 1662(a) (2) of this title.".
Sec. 301. Section 210(c)(1) of title 38, United States Code, is
amended by inserting at the end thereof the following new sentence: "
Any rules, regulations, guidelines, or other published interpretations
or orders, or any amendment thereto, issued pursuant to the authority
granted by this subsection or any other provision of this title shall
contain, immediately following each substantive provision of such rules,
regulations, guidelines, or other published interpretations or orders,
or any amendment thereto, citations to the particular section or
sections of statutory law or other legal authority upon which such rule,
regulation, guideline, or other published interpretation or order is
based or, in the case of any amendment thereto, upon which such
amendment and the rule, regulation, guideline, interpretation or order
being amended is bases.".
Sec. 302. (a) Section 1663 of title 38, United States Code, is
amended by--,
(1) striking out the first sentence and inserting in lieu
thereof " The Administrator shall make available to any eligible
veteran, upon such veteran's request, counseling services,
including such educational and vocational counseling and guidance,
testing, and other assistance as the Administrator deems necessary
to aid such veteran in selecting (1) an educational or training
objective and an educational institution or training establishment
appropriate for the attainment of such objective, or (2) an
employment objective that would be likely to provide such veteran
with satisfactory employment opportunities in light of such
veteran's personal circustances."; and
(2) inserting at the end thereof the following new sentence: "
The Administrator shall take appropriate steps (including
individual notification where feasible) to acquaint all eligible
veterans with the availability and advantages of such counseling
services.".
(b) Section 1698(b) of title 38, United States Code, is amended by
striking out "and periodically thereafter submits progress reports with
respect to the implementation of such plan," after "report),".
Sec. 303. Section 1774 of title 38, United States Code, is amended
by--,
(1) amending subsection (b) to read as follows:
"(b) The allowance for administrative expenses incurred pursuant to
subsection (a) of this section shall be paid in accordance with the
following formula:
and
(2) inserting at the end thereof the following new
subsection:
"(c) Each State and local agency with which the Administrator
contracts or enters into an agreement under subsection (a) of this
section shall report to the Administrator on September 30, 1978, and
periodically, but not less often than annually, thereafter, as
determined by the Administrator, on the activities in the preceding
twelve months (or the period which has elapsed since the last report
under this subsection was submitted) carried out under such contract or
agreement. Each such report shall describe, in such detail as the
Administrator shall prescribe, services performed and determinations
made in connection with ascertaining the qualifications of educational
institutions in connection with this chapter and chapters 32, 34, and 35
of this title // 38 USC 1601, 1651, 1700. // and in supervising such
institutions.
Sec. 304. (a) Chapter 36 of title 38, United States Code, is amended
by--,
(1) amending section 1784(b)
// 38 USC 1784. //
by--,
institution under this subsection shall be subject ot
offset by the Administrator against any liability of
such institution for any overpayment for which such
institution may be administratively detemrined to be
liable under section 1785 of this title unless such
liability is not contested by such institution or has
been upheld by a final decree of a court of appropriate
jurisdiction.";
(2) amending section 1785
// 38 USC 1785. //
by--,
provision of this title shall be construed as requiring
any institution of higher learning to maintain daily
attendance records for any course leading to a standard
college degree."; and
(3) amending section 1788(a)
// 38 USC 1788. //
by--,
(b) (1) The Administrator of Veterans' Affairs, in consultation with
the Advisory Committee formed pursuant to section 1792 of title 38,
United States Code, // 38 USC 1972 // shall provide for the conduct of
an independent study of the operation of the programs of educational
assistance carried out under chapters 34 and 36 title 38, United States
Code. // 38 USC 1651, 1770. // Such sutdy shall include a detailed
examination and analyis of the extent to which eligible veterans (A)
have utilized their entitlements (broken down by State, type of program,
and post-Korean-Conflict- pre-Vietnam-era and Vietnam-era service
periods), including the extent to which they have successfully completed
their programs of education or attained their educational or vocational
objectives; and (B) have readjusted successfully to civilian life in
terms of employment achievement and satisfaction and family and other
interpersonal relationships. A report of such study shall be submitted
to the President and the Congress not later than September 30, 1979.
(2) For the purposes of carrying out paragraph (1) of this
subsection, there are authorized to be appropriated $2,000,000.
Sec. 305. (a)(1) Section 1789 of title 38, United States Code, is
amended by--,
(A) inserting at the end of subsection (b)
// 38 USC 1789. //
immediately below clause (6) the following new sentence:
" The Administrator may waive the requirements of clause (6) of this
subsection, in whole or in part, if the Administrator determines,
pursuant to regulations which the Administrator shall prescribe, it to
be in the interest of the eligible veteran and the Federal Government.";
and
(B) adding at the end of subsection (c) the following new
sentence: " The Administrator may waive the requirements of this
subsection, in whole or in part, if the Administrator determines,
pursuant to regulations which the Administrator shall prescribe,
it to be in the interest of the eligible veteran and the Federal
Government.".
(2) Section 1673(d) of title 38, United States Code, is amended by--,
(A) inserting in the second sentence a comma and "pursuant to
regulations which the Administrator shall prescribe," after
"determines"; and (B) inserting at the end thereof the follwoing
new sentences: " The provisions of this subsection shall not
apply to any course offered by an educational institution if the
total number of veterans and persons receiving assistance under
this chapter or chapter 31, 32, 35, or 36 of this title
// 38 USC 1501, 1601, 1700, 1770. //
who are enrolled in such institution equals 35 per centum or less,
or such other per centum as the Administrator prescribes in
regulations, of the total student enrollment at such institution
(computed separately for the main campus and any branch or
extension of such institution), except that the Administrator may
apply the provisions of this subsection with respect to any course
in which the Administrator has reason to believe that the
enrollment of such veterans and persons may be in excess of 85 per
centum of the total student enrollment in such course.".
(3) The Administrator of Veterans' Affairs, in consultation with
other appropriate departments and agencies, shall conduct a study to
examine the need for computing, under section 1673(d) of title 38, // 38
USC 1673 // United States Code, the percentage of those students
enrolled in courses at educational institutions who are in receipt of
grants from any Federal department or agency, and the problems of such
institutions in making such latter computations, and shall, not later
than September 30, 1978, submit a report to the Congress indicating
whether such computations are needed and prescribing in detail an
adequate system for making such computations. Until the expiration of
six months after the date of submission of such report and until such
time as the Administrator shall determine, based on such report, that
there is an adequate and feasible system for making such computations
and that it is desirable and necessary to make such computations, the
Administrator shall not apply the provisions contained in section 1673(
d) of title 38, United States Code, requiring educational institutions
in determining compliance with such subsection to compute the numbers of
students in receipt of Federal grants other than from the Veterans'
Administration.
(b) (1) Sections 1674 and 1724 of title 38, United States Code, are
amended by inserting a comma and "or within such other length of time
(exceeding such approved length) as the Administrator determines to be
reasonable in accordance with regulations" before the period at the end
of the second sentence in each section.
(2) The Administrator of Veterans' Affairs, in consultation with
appropriate bodies, officials, persons, departments, and agencies, shall
conduct a study to investigate (A) specific methods of improving the
process by which postsecondary educational institutions and courses at
such institutions are and continue to be approved for purposes of
chapters 32, 34, 35, // 38 USC 1601, 1651, 1700, 1770. // United States
Code; and (B) in recognition of the importance of assuring that Federal
assistance is made available to those eligible veterans and persons
seriously pursuing and making satisfactory progress toward an
educational or vocational objective under such chapters, the need for
legislative or administrative action in regard to sections 1674 and 1724
of title 38, United States Code, and the regulations prescribed
thereunder. A report of such study, together with such specific
recommendations for administrative or legislative action as the
Administrator deems appropriate, shall be submitted to the President and
the Congress not later than September 30, 1979, except that the portion
of the report of such study described in clause (B) of the preceding
sentence shall be submitted not later than September 30, 1978.
(3) For the purpose of carrying out paragraph (1) of this subsection,
there are authorized to be appropriated $1,000,000.
(4) (A) Until such time as the Administrator submits the report
required under the second sentence of paragraph (2) of this subsection,
the Administrator shall suspend implementation of the amendments to
sections 1674 and 1724 of title 38, United States Code, made by sections
206 and 307, respectively, of Public Law 94 - 502, in the case of any
accredited educational institution which submits to the Administrator
its course catalog or bulletin and a certification that the policies and
regulations described in clauses (6) and (7) of seciton 1776(b) // 38
USC 1776. // are being enforced by such institution, unless the
Administrator finds, pursuant to regulations which the Administrator
shall prescribe, that such catalog or bulletin fails to state fully and
clearly such policies and regulations.
(B) The Administrator shall, where appropriate, bring to the
attention of the Council on Postsecondary Accreditation and the
appropriate accrediting and licensing bodies such catalogs, bulletins,
and certifications submitted under subparagraph (A) of this paragraph
which the Administrator believes may not be in compliance with the
standards of such accrediting and licensing body.
(c)(1) Where and educational institution--,
(A) has in its possession veterans' or eligible persons'
benefit checks made payable to a veterans' or eligible persons'
and mailed to such educational institution for a course offered
(i) under the provisions of subchapter VI of chapter 34 of title
38, United States Code,
// 38 USC 1695. //
or (ii) at a location not in a State under the provisions of
section 1676 of title 38, United States Code, and which course was
commenced by such veteran or eligible person prior to December 1,
1976, and completed nto later than June 30, 1977; and
(B) holds a power of attorney executed by the veteran or
eligible person prior to December 1, 1976, authorizing the
educational institution to negotiate such benefit check.
the Administrator may, where the Administrator finds there is undue
hardship on such educational institution, provide such relief as the
Administrator determines equitable pursuant to regulations which the
Administrator shall prescribe.
(2) Where an accredited correspondence school--,
(A) has in its possession veterans' or eligible persons'
benefit checks made payable to a veteran or eligible person and
mailed to such school for lessons completed by the veteran or
eligible person under section 1786 of this title and serviced by
the school prior to January 1, 1977; and
(B) holds a power of attorney executed by the veteran or
eligible person prior to December 1, 1976, authorizing the school
to negotiate such benefit check,
the Administrator may, where the Administrator finds that there is undue
hardship on such educational institution and the courses were taken byb
veterans or eligible persons residing in a State, provide such relief as
the Administrator determines equitable pursuant to regulations which the
Administrator shall prescribe.
Sec. 306. Section 1790(b) of title 38, United States Code, is
amended by inserting "(1)" after "(b)", and inserting at the end thereof
the following new paragraph:
"(2) Any action by the Administrator under paragraph (1) of this
subsection to discontinue (including to suspend) assistance provided to
any eligible veteran or eligible person under this chapter or chapter
31, 32, 34, or 35 of this title // 38 USC 1501, 1651, 1700, 1770. //
shall be based upon evidence that the veteran or eligible person is not
or was not entitled to such assistance. Whenever the Administrator so
discontinues any such assistance, the Administrator shall concurrently
provide wirtten notice to such veteran or person of such discontinuance
and that such veteran or person is entitled thereafter to a statement of
the reasons therefor such action and an opportunity to be heard
thereon.".
Sec. 307. // 38 USC 1501 // The Administrator of Veterans' Affairs,
in consultation with the Commissioner of Rehabilitation Services,
Department of Health, Education, and welfare, shall conduct a study in
regard to the provisions of chapter 31 of title 38, United States Code.
The report of such study shall include (1) the Administrator's
recommendations for legislative or administrative changes in such
chapter, (2) the Administrator's recommendations with regard to the need
for the services of vocatioanal rehabilitation specialists to provide
chapter 31 trainees with appropriate job development and job placement
assistance, and (3) the Administrator's recommendations for utilizing
the veterans education programs provided by chapters 32, 34, 35, and 36
of such title // 38 USC 1770. // to meet the needs of disabled veterans
eligible for assistance under such chapter 31 and such other chapters.
Such report shall also include a description and analysis of the scope
and quality of vocational rehabilitation assistance provided under such
chapter 31 in comparison with vocational rehabilitation services
provided under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
The report of such study shall be submitted to the President and the
Congress not later than March 1, 1978.
Sec. 308. Section 2014(b) of title 38, United States Code, is
amended by inserting at the end thereof the following new sentence: "
The Chairman of the Civil Service Commission shall submit to the
President and the Congress, not later than six months after the date of
enactment of the GI Bill Improvement Act of 1977, a report on the need
for the continuation after June 30, 1978, of the authority for veterans
readjustment appointments contained in this subsection.".
Sec. 309. (a) Section 101(29) of title 38, United States Code, is
amended by striking out "such date as shall thereafter be determined by
Presidential proclamation or concurrent resolution of the congress" and
inserting in lieu thereof " May 7, 1975". (b) Section 2007(c) of title
38, United States Code, is amended by striking out "2001" and inserting
in lieu thereof "2004".
Sec. 310. // 38 USC 246 // (a) Notwithstanding any other provision
of law, (1) the Administrator of Veterans' Affairs is authorized to
administer, pursuant to an interagency agreement, the programs carried
out under the provisions of section 420 of the Higher Education Act of
1965; // 20 USC 1070e-1 // (2) the Commissioner of Education, with the
approval of the Secretary of Health, Education, and Welfare, is
authroized to enter into such interagency agreement to transfer to the
Administrator the functions, powers, and duties of the Commissioner
under such section; and (3) pursuant to any such agreement, funds
appropriated to such Department or the Office of Education in such
Department for the purpose of carrying out such section shall be
transferred from the Department to the Veterans' Administration for use
for the purposes for which such funds are authorized and appropriated.
Any such agreement shall provide, for such period of time as may be
agreed upon by the Commissioner and the Administrator, for such
appropriate technical and support assistance by the Commissioner as the
Commissioner and the Administrator agree are necessary to facilitate the
implementation of this section.
(b) Effective on the date on which the Commissioner of Education
transfers to the Administrator of Veterans' Affairs, under authority of
subsection (a) of this section, all functions, powers, and duties
assigned to the Commissioner under section 420 of the Higher Education
Act of 1965 such section is superceded and chapter 3 of title 38, United
States Code, is amended by--,
(1) inserting after section 245 the following new section:
Sec. 246. // 38 USC 246 // Veterans cost-of-instruction payments to
institution of higher learning
"(a)(1) During the period beginning on July 1, 1972, and ending on
September 30, 1979, each institution of higher learning shall be
entitled to a payment under, and in accordance with, this section during
any fiscal year if--,
"(A) the number of persons who are veterans receiving
vocational rehabilitation under chapter 31 of this title
// 38 USC 1501. //
or veterans receiving educational assistance under chapter 34 of
of this title,
// 38 USC 1651 //
and who are in attendance as undergraduate students at such
institution during any academic year, equals at least--,
"(B) the number of such persons is at least 25.
"(2) During the period specified in paragraph (1) of this subsection,
each institution which has qualified for a payment under this section
for any fiscal year shall be entitled during the suceeding year,
notwithstanding such paragraph (1), to a payment under and in accordance
with this section, if the number of persons referred to in such
paragraph (1) equals at least the number of such persons who were in
attendance at such institution during the preceding academic year or
equals at least the minimum number of such persons necessary to
establish eligibility to entitlement under such paragraph (1) during the
preceding academic year, whichever is the lesser. Each institution
which is entitled to a payment for any fiscal year by reason of the
preceding sentence shall be deemed, for the purposes of any such year
succeeding the year for which it is so entitled, to have been entitled
to a payment under such paragraph (1) during the preceding fiscal year.
"(b)(1) The amount of the payment to which any institution shall be
entitled under this section for any fiscal year shall be--,
"(A) $300 for each veteran receiving vocational rehabilitation
under chapter 31 of this title,
// 38 USC 1501 //
or educational assistance under chapter 34 of this title,
// 38 USC 1651. //
who is in attendance at such institution as an undergraduate
student during such year; and
"(B) in addition, $150, except in the case of a veteran on
behalf of whom the institution has received a payment in excess of
$150 under section 419 of the Higher Education Act of 1965
// 20 USC 1070e. / /
for each veteran who has been the recipient of educational
assistance under subchapter V or VI of chapter 34 of this title
and who is in attendance at such institution as an undergraduate
student during such year.
"(2) In any case where a veteran on behalf of whom a payment is made
under this section is enrolled in an institution on less than a
full-time basis, the amount of the payment on behalf of such veteran
shall be reduced in proportion to the degree to which such veteran is
not enrolled on a full-time basis.
"(c)(1) An institution of higher education shall be eligible to
receive the payment to which it is entitled under this section only if
it makes application therefor to the Administrator. An application
under this section shall be submitted at such time or times, in such
manner, in such form, and containing such information as the
Administrator determines necessary to carry out the functions assigned
to the Administrator under this section, and shall--,
"(A) meet the requirements set forth in clauses (A) and (B) of
section 419(c)(1) of the Higher Education Act of 1965;
"(B) set forth such plans policies, assurances, and procedures
as will ensure that the applicant will make an adequate effort--,
// 38 USC 16901. //
of this title, and
(Ii) in the case of any institution located near a
military
installation, under subchapter VI of such chapter 34,
// 38 USC 1695. //
Notwithstanding clause (B) of the preceding sentence, an institution
with less than 2,500 students in attendance which the Administrator
determines, in accordance with regulations jointly prescribed by the
Administrator and the Commissioner of Education, Department of Health,
Education, and Welfare, cannot feasibly itself carry out any or all of
the programs set forth in subclauses (i) through (iv) of clause (B) of
the preceding sentence, may carry out such program or programs through a
consortium agreement with one or more other institutions of higher
education, and shall be required to carry out such programs only to the
extent that the Administrator determines, in accordance with regulations
jointly prescribed by the Administrator and the Commissioner of
Education, is appropriate in terms of the number of veterans in
attendance at such institution. The adequacy of efforts to meet the
requirements of such clause (B) shall be determined by the
Administrator, in coonsultation with the Commissioner of Education,
based upon criteria established in regulations jointly prescribed by
them.
"(2) The Administrator shall not approve an application under this
subsection unless the Administrator determines that the applicant will
implement the requirements of clause (B) of paragraph (1) of this
subsection within the first academic year during which such institution
receives a payment under this section.
"(d)(1) The Administrator shall pay to each institution of higher
learning which has had an application approved under subsection (c) of
this section the amount to which it is entitled under this section.
Payments under this subsection shall be made in not less than three
installments during each academic year and shall be based on the actual
number of veterans on behalf of whom such payments are made in
attendance at the institution at the time of the payment.
"(2) The maximum amount of payments to any institution of higher
learning, or any branch thereof which is located in a community which is
different from that in which the parent institution thereof is located
in any fiscal year, shall be $135,000. In making payments under this
section for any fiscal year, the Administrator shall apportion the
appropriation for making such payments, from funds which become
available as a result of the limitation on payments set forth in the
preceding sentence, in such a manner as will result in the receipt by
each institution which is eligible for a payment under this section of
first $9,000 (or the amount of its entitlement for that fiscal year,
whichever is the lesser) and then additional amounts up to the
limitation set forth in the preceding sentence.
"(e) Not less than 75 per centum of the amounts paid to any
institution under subsection (d) of this section in any fiscal year
shall be used to implement the requirement of clause (B) (i) of
paragraph (1) of subsection (c) of this section, and, to the extent that
such funds remain after implementing such requirements, funds limited by
such 75 per centum requirement shall be used for implementing the
requirements of clauses (B) (ii), (iii), and (iv) of such paragraph (1),
except that the Administrator may, in accordance with criteria
established in regulations jointly prescribed by the Administrator and
the Commissioner of Education, waive the requirement of this subsection
to the extent that the Administrator finds that such institution is
adequately carrying out all such requirements without the necessity for
such application of such amount of the payments received under this
subsection.
"(f) The Administrator, in carrying out the provisions of this
section, shall seek to assure the coordination of programs assisted
under this section with programs carried out by the Commissioner of
Education pursuant to the Higher Education Act of 1965, // 20 USC 1001
// and the Commissioner shall provide all assistance, technical
consultation, and information otherwise authorized by law as necessary
to promote the maximum effectiveness of the activities and programs
assisted under this section.
"(g) The program provided for in this section shall be administered
by an identifiable administrative unit in the Veterans'
Administration."; and
(2) inserting in the table of sections at the beginning of such
chapter
"246. Veterans' cost-of-instruction payments to institutions of
higher learning." below
"245. Report to Congress.".
Sec. 311. // 38 USC 1820 // In accordance with the national policy
to conserve energy and promote the maximum utilization of solar energy,
the Administrator of Veterans' Affairs, in consultation with the
Secretary of Energy and the Secretary of Housing and Urban Development,
shall conduct a study to determine the most effective specific methods
of using the programs carried out under, or amending the provisions of,
chapter 37 of title 38, United States Code, // 38 USC 1801. // in order
to aid and encourage present and prospective veteran homeowners to
install in their homes solar heating, solar heating and cooling, or
combined solar heating and cooling, and to apply residential energy
conservation measures. The report of such study shall include a
description of plans for administrative action to carry out such
national policy as well as such recommendations for legislative action
as the Administrator deems appropriate, and shall be submitted to the
President and the Congress not later than March 1, 1978.
Sec. 401. // 38 USC 106 note. // (a)(1) Notwithstanding any other
provision of law, the service of any person as a member of the Women's
Air Forces Service Pilots (a group of Federal civilian employees
attached to the United States Army Air Force during World War II), or
the service of any person in any other similary situated group the
members of which rendered service to the Armed Forces of the United
States in a capacity considered civilian employment or contractual
service at the time such service was rendered, shall be considered
active duty for the purposes of all laws administered by the Veterans'
Administration if the Secretary of Defense, pursuant to regulations
which the Secretary shall prescribe--,
(A) after a full review of the historical records and all other
available evidence pertaining to the service of any such group,
determines, on the basis of judicial and other appropriate
precedent, that the service of such group consituted active
military service, and
(B) in the case of any such group with respect to which such
Secretary has made an affirmative determination that the service
of such group constituted active military service, issues to each
member of such group a discharge from such service under honor and
conditions where the nature and duration of the service of such
member so warrants.
Discharges issued pursuant to the provisions of the first sentence of
this paragraph shall designate as the date of discharge that date, as
determined by the Secretary of Defense, on which such service by the
person concerned was terminated.
(2) In making a determination under clause (A) of paragraph (1) of
this subsection with respect to any group described in such paragrpah,
the Secretary of Defense may take into consideration the extent to
which--,
(A) such group received military training and acquired a
military capability or the service performed by such group was
critical to the success of a military mission,
(B) the members of such group were subject to military justice,
discipline, and control,
(C) the members of such group were permitted to resign,
(D) the members of such group were susceptible to assignment
for duty in a combat zone, and
(E) the members of such group had reasonable expectations that
their service would be considered to be active military service.
(b)(1) No benefits shall be paid to any person for any period prior
to the date of enactment of this title as a result of the enactment of
subsection (a) of this section.
(2) The provisions of section 106(a)(2) of title 388 United States
Code, relating to election of benefits, shall be applicable to persons
made eligible for benefits, under laws administered by the Veterans'
Administration, as a result of implementation of the provisions of
subsection (a) of this section.
Sec. 501. The provisions of this Act // 38 USC 101 note. // shall
become effective on the first day of the first month beginning 60 days
after the date of enactment of this Act, except that the provisions of
title I and section 304 (a) (1) (A) shall be effective retroactively to
October 1, 1977, the provisions of sections 201 and 202 shall become
effective on January 1, 1978, the provisions of section 203 shall be
effective retroactively to May 31, 1976, and the provisions of sections
301, 302(2), 304(a)(1)(B), 304 (a)(2), 305(a)(3), 305(b)(2), 305(b)(3)
305(b)(4), 305(c), 306, 307, 308, 309, and 310 and of title IV shall be
effective upon enactment,
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 586 (Comm. on Veterans' Affairs).
SENATE REPORTS: No. 95 - 468 and No. 95 - 468, pt. II accompanying
S. 457 (both
from Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Sept. 12, considered and passed House.
Oct. 19, considered and passed Senate, amended, in lieu of S.
457.
Nov. 3, House agreed to Senate amendment with an amendment.
Nov. 4, Senate concurred in House amendment.
WEEKLY COMPLIATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 48:
Nov. 23, Presidential statement.
PUBLIC LAW 95-201, 91 STAT. 1429, VETERANS ADMINISTRATION PHYSICIAN
AND DENTIST PAY COMPARABILITY AMENDMENTS OF 1977
amend title 38 of the
United States Code to modify certain provisions
relating to special-pay agreements;
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 Veterans' Administration Physician and Dentist Pay
Comparability Amendments of 1977".
Sec. 2. Section 6(a)(2) of the Veterans' Administration Physician
and Dentist Pay Cpmparability Act of 1975 (Public Law 94 - 123; 89
Stat. 669), as amended, // 38 USC 101 // is amended by striking out "
September 30, 1977" and inserting in lieu thereof " September 30, 1978".
Sec. 3. (a) Section 4118 of title 38, United States Code, // 38 USC
4118 // is amended by--
(1) amending subsection (a) (1) by--
(2) striking out in subsection (a)(3) "pursuant to" and
inserting in lieu thereof "in accordance with" and inserting at
the end thereof the following new sentence: " Not later than one
year after making any such recruitment and retention determination
and each year thereafter, the Chief Medical Director shall make a
redetermination in accordance with such regulations, and, in the
event any such determination was made more than one year prior to
the date of enactment of this sentence, the Chief Medical Director
shall make such redetermination not later than ninety days after
such enactment date.";
(3) inserting at athe end of subsection (e) (1) the following
new sentences: " Any physician or dentist who entered into an
agreement under this section and has not failed to refund any
amount which such physician or dentist became obligated to refund
under any such agreement shall be eligible to enter into a
subsequent agreement under this section. Notwithstanding the
provisions of the preceding two sentences, no agreement entered
into under this section shall extend beyond September 30 1981, and
any agreement entered into under this section after September 30,
1980, may be for a period of less than one year if the expiration
date thereof is September 30, 1981."; and
(4) amending subsection(e) (2) (a) by--,
(b) Prior to the execution after April 30, 1978, of any written
agreement entered into with a physician or dentist under section 4118 of
title 38, United States Code // 38 USC 4118 // (as amended by subsection
(a) of this section), (1) the Chief Medical Director of the Veterans'
Administration shall reevaluatee, in view of the executive level pay
increase made pursuant to section 225 of the Federal Salary Act of 1967,
effective Febuary 27, 1977, with respect to the Verternas'
Administration, the need for special -pay agreements, as authorized in
such section 4118, in order and retain highly qualified physicians or
dentists in each category of positions in the Department of Medicine and
Surgery, and report to Congress not later than April 30, 1978, on the
results of such reevaluation with respect to each such category; and
(2) notwithstanding such section 4118, the Administrator of Veterans'
Affairs, upon the recommendation of the Chief Medical Director and based
upon such reevaluations, may promulgate a regulation reducing the amount
of primary special pay for any such category to the extent the
Administrator finds such primary special pay is not necessary to recruit
ansd retain highly qualified physicians or dentists in such category.
If a determination is made to reduce the amount of such promary special
pay for any such category, the regulation promulgating the reduction
shall be published in the Federal Register not less than thirty days
prior to its effective date.
(c) The Administrator, not later then thirty days after the date of
enactment of this Act, // 38 USC 4118 // may enter into, under section
4118 of title 38, United States Code (as amended by subsection (a) of
this section), with any otherwise eligible physician or dentist who was
appointed to a position in the Department of Medicine and Surgery in the
Veterans' Adminstration during the period beginning on October 1, 1977,
and ending on the date enactment of this Act, a special-pay agreement
providing for the payment of special pay to such physician or dentist
retroactive to the date such physician or dentist was appointed to such
position.
Sec.4.(a) (1) Section 4105 of title 38, United States Code, is
amended by inserting at the end thereof the following new subsection:
"(c) Notwithstanding any other provision of law, no person may be
appointed under section 4104 (1) of this title after the effective date
of this subsection to serve in the Department of Medicine and Surgery in
any direct patient-care capacity unless the Chief Medical Director
determines, in accordnace with regulations which the Administrator shall
prescribe, that suxh person possesses such basic proficiency in spoken
and written English as will permit such degree of conmunication with
patients and other health-care personnel as will enable such person to
carry out such person's health-care responsibilities satisfactorily.".
(2) Section 4114 of title 38, United States Code, is amended by
inserting at the end thereof the following new subsection:
"(f) No person may be appointed under this section after the
effective date of this subsection to an occupational category described
in section 4104 (1) of this title or in subsection (b) of this section
unless such person meets the requirements established in section 4105
(c) of this title and regulations prescribed thereunder.".
(3) Notwithstanding any other provision of law, // 38 USC 4105 //
with respect to persons other than those described in subsection (c) of
section 4105 and subsection (f) of section 4114 of title 38, United
States Code (as added by paragraphs (1) and (2) of this subsection), who
are appointed after the date of enactment of this Act in the Department
of Medicine and Surgery in the Veternas' Adninistration in any direct
patient-care capacity, and with respect to persons described in such
subsections who are appointed after such enactment date and prior to
January 1,1978, the Administrator Veterans' Affairs, upon the
reccomendation of the Chief Medical Director, shall take appropriate
steps to provide reasonable assurance that such persons possess such
basic proficiency in spoken and written English as will permit such
degree of communication with patients and other health-care personnel as
will enable such persons to carry out their health-care responsibilities
satisfactorily.
(4) The amendments made by paragraphs (1) and (2) of this subsection
// 38 USC 4105 // shall be effective on January 1, 1978.
(b) Not later than April 1, 1978, the Administrator of Veterans'
Affairs shall submit to the Committees on Veterans' Affairs of the House
of Representatives and the Senate a report (1) describing activities
undertaken and the persons affected in order to carry out subsection (c)
of section 4105 and subsection (f) of section 4114 of title 38, United
States Code (as add by paragraphs (1) and (2) of subsection (a) of this
section), and subsections (a) (3) and (c) of this section, and (2)
providing--
(a) a description of the extent to whcih there are persons
employed by the Veterans' Administration, on or prior to the
date of enactment of this Act, in any direct patient-care capacity
in the Department of Medicine and Surgery, who do not possess such
basic proficiency in spoken and written English as produces the
degree of communication with patients and other health-care
personnel as is necrssary to enable such persons to carry out
their health-care responsibilities satisfactorily;
(b) data describing the characteristics and categories of
positions of any such persons; and
(c) if, in the opinion of the Administrator, the description
and data being provided pursuant to subclauses (A) and (B) of
clause (2) of this subsection indicate that there is a problem
with respect to the satisfactory performance of such health-care
responsibilities arising from such lack of proficiency, a plan to
promote the achievement of such proficiency as will enable the
persons involved to carry out their health-care responsi- bilities
satisfactorily as well as to deal with any need which the
Administrator believes will exist to promote such proficiency on
the part of persons appointed after such enactment date who the
Administrator has reason to believe do not, in fact, possess such
proficiency, including (i) the cost of implementing such plan in
each of the succeeding five fiscal years, and (ii) the time
periods in which such proficiency on the part of such persons
(broken down by appropriate categories and characteristics) and be
expected to be achieved.
(c) Section 5001 of title 38, United States Code, is amended by
inserting at the end thereof the following new subsection:
"(h) When the Administrator determines, in accordance with
regulations which the Administrator shall prescribed, that a Veterans'
Administration facility serves a substantial number of veterans with
limited English-speaking ability, the Administrator shall establish and
implement procedures, upon the reccemdation of the Chief Medical
Director, to ensure the indentification of suffcient numbers of
individuals on such facility's staff who are fluent in both the language
most appropriate to such veterans and in English and whose
responsibilities shall include providing guidance to such veterans and
to appropriate Veterans' Adnimistration staff members with respect to
cultural sensitivities and bridging lingustic and cultural
differences.".
Sec.5. (a) (1) The salary schedule under the heading "section 4103
SCHEDULE" in section 4107 of title 38, United States Code, is amended by
striking out "36338 minimum to 46026 maximum" after "director of
Podiatric Service," and inserting in lieu thereof 39629 minimum to
$50,197 maximum.".
(2) The salary schedule under the heading CLINICAL PODIATRIST AND
OPTIMETRIST SCHEDULE" in section 4107 of title 38, United States Code,
is amended to read as follows:
" Chief grade, $33,789 minimum to $43,823 maximum.
" Senior grade, $28,725 minimum to $37,347 maximum.
" Intermediate grade, $24,308 minimum to $31,598 maximum.
" Full grade, $20,442 minimum to $26,571 maximum.
" Associate grade, $17,056 minimum to $22,177 maximum.".
(3) The amendments made by paragraphs (1) and (2) of this subsection
// 38 USC 4107 // shall be effective retroactive to the period beginning
on October 21, 1976, and ending on October 8, 1977. Notwithstanding any
other provision of law, the Administrator of Veterans' Affairs shall
establish retroactively for such period intermediate rates of basic pay
between the minimum and maximum pay ranges prescribed in the salary
schedule under the heading " Section 4103 SCHEDULE" for The Director of
Podiatric Service and in the " CLINICAL PODIATRIST AND OPTOMETRIST
SCHEDULE" in section 4107 of title 38, United States Code.
(b) Notwithstanding any other provision of law, each person employed
in the Department of Medicine and Surgery in the Veterans'
Administration as a podiatrist or optometrist shall be converted from
employment under part III of title 5, United States Code, to full-time
employment or part-time employment under section 4114(a)(1)(A), of title
38, United States Code, and each such conversion (including application
of the applicable rates of basic pay provided for in the amendments made
by subsection (a) of this section) shall be effective retroactive to
october 21, 1976, or the most recent date of appointment in the
Department of Medicine and Surgery of the employee concerned under such
part III, whichever is the later.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 585 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Sept. 12, considered and passed House.
Nov. 3, considered in Senate.
Nov. 4, considered and passed Senate, amended; House concurred
in Senate amendments.
PUBLIC LAW 95-200, 91 STAT. 1425
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
The Congress finds that an area of land in the State of Oregon known
variously as the Bull Run National Forest and the Bull Run Forest
Reserve is presently the source of the sole domestic water supply for
the city of Portland, Oregon (hereinafter called the "city") and other
local governmental units and persons in the Portland metropolitan area,
reserved for the city by a Presidential proclamation issued in 1892 and
furnishing an extremely valuable resource of pure clear raw potable
water, the continued production of which should be the principal
management objective in the area hereinafter referred to as "the unit";
that the said area is now managed under terms of a Federal court decree
issued pursuant to turn of the century law which does not appropriately
address present and future needs and opportunities for the protection,
management, and utilization of the resources contained therein.
Section 1. There is hereby established, subject to valid existing
rights, a special resources management unit within the Mount Hood
National Forest, State of Oregon, comprising approximately 95,382 acres
as depicted on a map dated April 1977, and entitled "bull Run Watershed
Management Unit, Mount Hood National Forest", which is on file and
available for public inspection in the offices of the Chief, and the
Regional Forester--Pacific Northwest Region, Forest", Service,
Department of Agriculture, minor adjustments in the boundaries of which
may be made from time to time by the Secretary of Agriculture
(hereinafter the "secretary") after consultation with the city and
appropriate public notice and hearings.
Sec. 2. // 16 USC 482b // (a) The unit and the renewable resources
therein, shall be administered as a watershed by the Secretary of
Agriculture in accordance with the laws, rules, and regulations
applicable to National Forest System lands except to the extent that any
management plan or practice is found by the Secretary to have a
significant adverse effect on compliance with the water quality
standards referred to in section 2(b) hereof or on the quanity of the
water produced thereon for the use of the city, and other local
government units and persons using such water under agreements with the
city (and the Secretary shall take into consideration the cumulative
effect of individually insignificant degradations), in which case, and
nothwithstanding any other provision of law, the management plan and all
relevant leases, permits, contracts, right-of-law, or other rights or
authorizations issued pursuant thereto shall forthwith be altered by the
Secretary to eliminate such adverse effect by application of different
techniques or prohibitions of one or more such practices or uses:
Provided, however, That use of such water for the production of energy
and the transmission of such energy through and over the unit are deemed
consistent with the purposes of this Act and the rights-of-way
heretofore granted to Bonneville Power Administration by the Forest
Service through and over the unit are validated and confirmed and deemed
consistent with the purposes of this Act.
(b) The policy set forth in subsection (a) shall be attained through
the development, maintenance, and periodic revision of land management
plans in accordance with procedures set forth in section 5 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (88 Sta. 477, as
amended; 16 U.S.C. 1604), through the maintenance of systems for
monitoring and evaluating water quality, and through supporting
scientific research as the Seccretary may deem necessary after
sonsultation and in coordination with the city. In the development and
revision of land management plans for the unit, the Secretary, except as
otherwise provided in section 2(a) hereof, shall provide for public
participation and shall consult and coordinate with appropriate
officials and advisors of the city, and, and shall consider such data
and research as the city may collect through its own monitoring systems
and scientific efforts, if any. Such plans shall be prepared by an
interdisciplinary team; be embodied in appropriate written material,
including maps and other descriptive documents; shall contain water
quality standards developed by the Secretary after consultation and in
cooperation with city, which standards shall be substantially based on
and shall reflect a quality of water not significantly less than the
quality reflected by percentile curves developed from data collected
from 1967 through 1975 and, if none, from data collected in the first
three years of record thereafter; and be available to the public at
convenient locations. The initial plan or plans shall be completed as
soon as practicable after the enactment of this Act, but not later than
September 30, 1979. Current data shall be compared to historical data
at least annually for the purpose of determining compliance with the
standards and the significance of any deviation therefrom. Deviations
occuring from operation, maintenance, alteration, or construction of
water storage, or electrical generation and transmission facilities,
seasonal fluctuations, variations in climate, and other natural
phenomena, fire, or acts of God, shall not be considered in determining
the historical or current percentile curves.
(c) The Secretary or his representative shall, upon request, and at
least annually, meet with appropriate officials of the city for the
purpose of reviewing planned management programs and the impact thereof
on the quality and quantity of the water produced on the unit and
assuring that their respective management and operational activities
within the unit are appropriately coordinated. The Secretary shall
negotiate in good faith cooperative agreements with appropriate
officials of the city to effectuate activity coordination.
(d) In the event there is disagreement between the city and the
Secretary with respect to the development or revision of the water
quality standards provided for herein, or with respect to the effect qr
the significance of such effect of one or more proposed or existing
programs, practices, uses, regulations, or boundary adjustments (except
as otherwise specifically provided for herein), on the quantity of the
water produced on said unit, or on compliance with the water quality
standards referred to in section 2 (a) and (b) hereof, and, therefore,
with respect to the necessity for an alteration or prohibition of any
such program, practice, use, regulation, or boundary adjustment as
required in section 2(a) hereof, an aribtration board for resolving such
disagreements shall be established. The Secretary and the city shall,
each, fortwith appoint one member to such board and those two members
shall select a third. In the event agreement cannot be reached on the
third member within seven days after the appointment of the first two,
the third member shall be appointed by the presiding judge of the United
States District Court for the District of Oregon within seven days after
being notified of such disagreement by either of the first two members.
All of said members shall be qualified to make a scientific
determination of the facts. The contentions of the city and the
Secretary shall be submitted to the board in the form of written
contentions of fact together with the evidence and analysis that tends
to support the position being presented. The board shall forthwith
consider and decide, on a scientific basis, the issues in disagreement
by majority vote, taking into consideration the evidence and data
presented by the parties and such other tests and data which the board
by majority vote may require. The decision of such board shall be in
the form of written findings of fact and conclusions based thereon and
shall be final and binding on the parties. The Secretary and the city
shall compensate their designees and share equally the compensation of
the third member, and shall provide such technical and administrative
support as required.
(e) The Secretary is authorized, after consultation with the city, to
promulgate regulations for controlling entry into the unit by all
persons including but not limited to--
(1) employees or contractors of the city engaged in the
inspection, maintenance, construction, or improvement of the
city's facilities;
(2)(i) Federal, State, and local government officers and (ii)
employees thereof acting in an official capacity;
(3) Federal, State, and locat government permitees and
contractors conducting authorized activities;
(4) members of advisory groups formed pursuant to this Act or
ordiances of the city in the performance of their official duties:
provided, That no regulation promulgated pursuant to this subsection
shall prohibit ingress or engress to non-federal lands or to authorized
occupancies on, or uses of, Federal lands: Provided further, That the
Secretary may independently and directly prohibit or restrict all entry
into the unit during fire or other emergencies as he may determine.
Sec. 3. (a) Nothin in this Act // 16 USC 482b // shall terminate or
affect any lease, permit, contract, patent, right-of-way, or other land
use right or authorization existing on the date of approval of this Act
and otherwise valid except for the provisions of section 1862 of title
18 of the United States Code.
(b) Nothing in this Act shall in any way affect any law governing
appropriation or use of, or Federal right to, water on National Forest
System land; or as expanding or diminishing Federal, State, or local
jurisdiction, responsibility, interests, or rights in water resources
development or control.
(c) Section 1862 of title 18 of the United States Code is hereby
repealed.
(d) Except as otherwise provided for herein, this Act shall take
precedence over and supersede all State and local laws dealing with or
affecting the subject matter of this Act.
(e) Challenge to actions taken by any governmental unit or official
under the provisions of this Act shall not be sustained by any court
except upon a showing or argitrary, unreasonable, capricious, or illegal
action or an absence of substantial good faith compliance with the
procedural provisions hereof substantially prejudicing the rights of an
interested party.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 622 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol 123 (1977):
Nov. 2, considered and passed HOUSE.
Nov. 4, considered and passed SENATE.
PUBLIC LAW 95-199, 91 STAT. 1432
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 214(c) of
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 724(c)) is
amended to read as follows:
"(c) Association.-- For the fiscal year ending September 30, 1978,
there are authorized to be appropriated to the Association for purposes
of carrying out its administrative expenses under this Act such sums as
are necessary, not to exceed $23,000,000. Sums appropriated under this
subsection are authorized to remain available until September 30,
1979.".
Sec. 2. Section 202(e) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 712(e)) is amended--
(1) by striking out " Annual Report.--The" and inserting in
lieu therof "reports--the";
(2) by redisignating clauses (1) through (7) thereof as clauses
(A) through (G), respectively; and
(3) by adding at the end thereof the following new
paragraph:
"(2) For the fiscal year beginning October 1, 1977, and ending
September 30, 1978, the Association shall transmit to the Congress and
the President, not later then 30 days after the end of each quarter of
such fiscal year, a comprehensive and detailed report on all
expenditures and use of funds during the preceding fiscal quarter,
including an assessment of the status of projects for such preceding
fiscal quarter and a projection of activities proposed for the next
fiscal quarter.".
Sec. 3. Section 209 of the Regional Rail Reorganization Act of 1973
(45 U.s.c. 719) is amended by adding at the end thereof the following
new subsection:
"(h) Special Masters.--(1) The special court may appoint and fix the
compensation and assign the duties of such special master as it
considers necessary or appropriate to conduct hearings, receive evidence
and report thereon to the special court, and perform such other acts as
the special court may require. The Special court may employ such
special masters by contract or otherwise, without regard to section 3709
of the Revised Statutes of the United States (41 U.S.C. 5) or part III
of title 5 of the United States Code, // 5 USC 2101 // on such terms and
conditions as it may determine. Such special masters shall not be
deemed to be employees of the Federal Government or any department,
agency, or instrumentality thereof. The special court may also appoint
employees in such number as may be approved by the Director of the
Administrative Office of the United States Courts, and may procure such
administrative services as may be necessary for it or the special
masters to complete their assignments expeditiously.
"(2) There are authorized to be appropriated such sums as are
necessary to carry out the purposes of this subsection. Sums
appropriated under this subsection are authorized to remain available
until expended.".
Sec. 4. Section 303(d) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 743(d)) is amended by striking out "entered pursuant to
subsection (c) of this section" and inserting in lieu thereof "entered
by the special court pursuant to subsection (c) of this section or
section 306 of this title". // 45 USC 746 //
LEGISLATIVE HISTORY
HOUSE REPORT No. 95 - 215 (Comm. on Interstate and Foreign Commerce).
SENATE REPORT No. 95 - 198 accompanying S. 922 (Comm. on Commerce,
Science,
and transportation).
CONGRESSIONAL RECORD, Vol 123 (1977):
May 3, considered and passed House.
May 23, considered and passed Senate, amended, in lieu of
S. 922.
Nov. 3, House agreed to Senate amendments with an
amendment.
Nov. 4, Senate concurred in House amendment.
PUBLIC LAW 95-198, 91 STAT. 1422
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subpart A of part 1
of schedule 8 of the Tariff Schedules of the United States (19 U.S.C.
1202), // 19 USC 1202. // is amended by inserting immediately after
item 801.10 the following new item:
" 801.20 Any aircraft engine or propeller, or any part or acessory of
either, previously imported, with respect to which the duty was paid
upon such previous importation, if (1) reimported without having been
advanced in value or improved in condition by any process of manufacture
or other means while abroad, after having been exported under loan,
lease, or rent to an aircraft owner or operator as a temporary
replacement for an aircraft engine being overhauled, repaired, rebuilt,
or reconditioned in the United States, and (2) reimported by or for the
account of the person who exported it from the United States--Free Free
".
Sec. 2. The amendment made by the first section of this Act // 19
USC 1202 // shall apply with respect to articles entered, or withdrawn
from warehouse, for consumption on or after the date of the enactment of
this Act.
LEGISLATIVE HISTORY
HOUSE REPORT No. 95 - 425 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Mar. 21, considered and passed House.
Sept. 16, considered and passed Senate, amended.
Oct 25, House disagreed to Senate amendments.
Nov. 4, Senate receded from its amendments.
PUBLIC LAW 95-197, 91 STAT. 1421
Whereas the President is authorized under a provision of Federal law
to proclaim a National Day of Thanksgiving on the fourth
Thursday
of November (Public Law 77 - 379),
// 5 USC 6103. //
and
Whereas the President is authorized under a provision of Federal law
to proclaim a National Day of Prayer on a day other than a
Sunday
(Public Law 82 - 324,
// 36 USC 169h. //
and
Whereas the third Thursday of December in the Year 1977 marks the
two hundredth anniversary of the first proclaimed Day of
Thanksgiving
by the Continental Congress, and
Whereas such a proclamation on this date has the support of the
leaders and presidents of twelve national religious bodies in
the
United States, and
Whereas such date is already historic, patriotic, and sacred in the
life
of our country: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That it is the sense of the
Congress that, in the light of history, December 15, 1977 (such date
being the third Thursday in December 1977) would be a most appropriate
day for designation as the National Day of prayer for the Year 1977",
and the President is hereby respectfully requested, under Public Law 82
- 324, to issue a proclamation designating such date as a " National Day
of Prayer for the Year 1977", and calling upon the people of the United
States and interested groups and organizations to observe that day with
appropriate ceremonies and activities.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol 123 (1977):
Sept. 22, considered and passed Senate.
Nov. 4, considered and passed House.
PUBLIC LAW 95-196, 91 STAT. 1420
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 142 of
title 28, United States Code, is amended by adding the following
sentence at the end thereof: " The limitations and restrictions
contained in this section shall not be applicable to the furnishing of
accommodations to judges of the courts of appeals at places where
Federal facilities are available and the judicial council of the circuit
approves.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 748 (Comm. on the Judiciary).
SENATE REPORT No. 95 - 579 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 31, considered and passed House.
Nov. 4, considered and passed Senate.
PUBLIC LAW 95-195, 91 STAT. 1415, SILETZ INDIAN TRIBE RESTORATION
ACT.
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 " Siletz Indian Tribe Restoration Act". // 25 USC 711 //
Sec. 2. For the purposes of this Act--, // 25 USC 711. //
(1) the term "tribe" means the Confederated Tribes of Siletz
Indians of Oregon;
(2) the term " Secretary" means the Secretary of the Interior
or his authorized representative;
(3) the term " Interim Council" means the council elected
pursuant to section 5;
(4) the term "member", when used with respect to the tribe,
means a person enrolled on the membership roll of the tribe, as
provided in section 4 of this Act; and
(5) the term "final membership roll" means the final membership
roll of the tribe published on July 20, 1956, on pages 5454--,
5462 of volume 21 of the Federal Register.
Sec. 3. (a) Federal recognition is hereby extended to the tribe, and
the provisions of the Act of June 18, 1934 (48 Stat. 984) // 25 USC
711a. // as amended, except as inconsistent with specific provisions of
this Act, // 25 USC 461. // are made applicable to the tribe and the
members of the tribe. The tribe and the members of the tribe shall be
eligible for all Federal services and benefits furnished to federally
recognized Indian tribes. Notwithstanding any provision to the contrary
in any law establishing such services or benefits, eligibility of the
tribe and its members for such Federal services and benefits shall
become effective upon enactment of this Act without regard to the
existence of a reservation for the tribe or the residence of members of
the tribe on a reservation.
(b) Except as provided in subsection (c), all rights and privileges
of the tribe and of members of the tribe under any Federal treaty,
Executive order, agreement, or statute,or under any other authority,
which were diminished or lost under the Act of August 13, 1954 (68 Stat.
724), // 25 USC 691 // are hereby restored, and such Act shall be
inapplicable to the tribe and to members of the tribe after the date of
enactment of this Act.
(c) This Act shall not grant or restore any hunting, fishing, or
trapping right of any nature, including any indirect or procedural right
or advantage, to the tribe or any member of the tribe, nor shall it be
construed as granting, establishing, or restoring a reservation for the
tribe.
(d) Except as specifically provided in this Act, nothing in this Act
shall alter any property right or obligation, any contractual right or
obligation, or any obligation for taxes already levied.
Sec. 4. // 25 USC 711b // (a) The final membership roll is declared
open. The Secretary, the Interim Council, and tribal officials under
the tribal constitution and bylaws shall take such measures as will
insure the continuing accuracy of the membership roll.
(b)(1) Until after the initial election of tribal officers under the
tribal constitution and bylaws, a person shall be a member of the tribe
and his name shall be placed on the membership roll if he is living and
if--,
(A) his name is listed on the final membership roll;
(B) he was entitled on August 13, 1954, to be on the final
membership roll but his name was not listed on that roll; or
(C) he is a descendant of a person specified in subparagraph
(A) or (B) and possesses at least one-fourth degree of blood of
members of the tribe or their Siletz Indian ancestors.
(2) After the initial election of tribal officials under the tribal
constitution and bylaws, the provisions of the tribal constitution and
bylaws shall govern membership in the tribe.
(c)(1) Before election of the Interim Council, verification of
descendancy, age, and blood shall be made upon oath before the Secretary
and his determination thereon shall be final.
(2) After election of the Interim Council and before the initial
election of the tribal officials, verification of descendancy, age, and
blood shall be made upon oath before the Interim Council, or its
authorized representative. A member of the tribe, with respect to the
inclusion of any name, and any person, with respect to the exclusion of
his name, may appeal to the Secretary, who shall make a final
determination of each such appeal within ninety days after an appeal has
been filed with him. The determination of the Secretary with respect to
an appeal under this paragraph shall be final.
(3) After the initial election of tribal officials, the provisions of
the tribal constitution and bylaws shall govern the verification of any
requirements for membership in the tribe, and the Secretary and the
Interim Council shall deliver their records and files, and any other
material relating to enrollment matters, to the tribal governing body.
(d) For purposes of sections 5 and 6, a member who is eighteen years
of age or older is entitled and eligible to be given notice of, attend,
participate in, and vote at, general council meetings and to nominate
candidates for, to run for any office in, and to vote in, elections of
members to the Interim Council and to other tribal councils.
Sec. 5. (a) Within forty-five days after the date of the enactment
of this Act, // 25 USC 711e. // the Secretary shall announce the date
of a general council meeting of the tribe to nominate candidates for
election to the Interim Council. Such general council meeting shall be
held within sixty days after the date of the enactment of this Act.
Within forty-five days after such general council meeting the Secretary
shall hold an election by secret ballot, absentee balloting to be
permitted, to elect nine members of the tribe to the Interim Council
from among the nominees submitted to him from such general council
meeting. The Secretary shall assure that notice of the time, place, and
purpose of such meeting and election shall be provided to members
described in section 4(d) at least fifteen days before such general
meeting and election. The ballot shall provide for write-in votes. The
Secretary shall approve the Interim Council elected pursuant to this
section if he is satisfied that the requirements of this section
relating to the nominating and election process have been met. If he is
not so satisfied, he shall hold another election under this section,
with the general council meeting to nominate candidates for election to
the Interim Council to be held within sixty days after such election.
(b) The Interim Council shall represent the tribe and its members in
the implementation of this Act and shall be the acting tribal governing
body until tribal officials are elected pursuant to section 6(c) and
shall have no powers other than those given to it in accordance with
this Act. The Interim Council shall have full authority and capacity to
receive grants from and to make contracts with the Secretary and the
Secretary of Health, Education, and Welfare with respect to Federal
services and benefits for the tribe and its members and to bind the
tribal governing body as the successor in interest to the Interim
Council for a period extending not more than six months after the date
on which the tribal governing body takes office. Except as provided in
the preceding sentence, the Interim Council shall have no power or
authority after the time when the duly-elected tribal governing body
takes office: Provided, That no authority to make payments under this
Act shall be effective except to such extent or in such amounts as are
provided in advance in appropriation Acts.
(c) Within thirty days after receiving notice of a vacancy on the
Interim Council, the Interim Council shall hold a general council
meeting for the purpose of electing a person to fill such vacancy. The
Interim Council shall provide notice of the time, place, and purpose of
such meeting and election to members described in section 4(d) at least
ten days before such general meeting and election. The person nominated
to fill such vacancy at the general council meeting who received the
highest number of votes in the election shall fill such vacancy.
Sec. 6. (a) Upon the written request of the Interim Council, the
Secretary shall conduct an election by secret ballot, pursuant to the
provisions of section 16 of the Act of June 18, 1934 (48 Stat. 987), //
25 USC 711d. 25 USC 476. // for the purpose of adopting a constitution
and bylaws for the tribes. The election shall be held within sixty days
after the Secretary has--,
(1) reviewed and updated the final membership roll for
accuracy, in accordance with sections 4(a), 4(b)(1), and 4(c)(1),
(2) made a final determination of all appeals filed under
section 4(c)(2), and (3) published in the Federal Register a
certification copy of the membership roll of the tribe.
(b) The Interim Council shall draft and distribute to each member
described in section 4(d), no later than thirty days before the election
under subsection (a), a copy of the proposed constitution and bylaws of
the tribe, as drafted by the Interim Council, along with a brief,
impartial description of the proposed constitution and bylaws. The
members of the Interim Council may freely consult with members of the
tribe concerning the text and description of the constitution and
bylaws, except that such consultation may not be carried on within fifty
feet of the polling places on the date of the election.
(c) In any election held pursuant to subsection (a), the vote of a
majority of those actually voting shall be necessary and sufficient for
the adoption of a tribal constitution and bylaws.
(d) Not later than one hundred and twenty days after the tribe adopts
a constitutuon and bylaws, the Interim Council shall conduct and
election by secret ballot for the purpose of electing the individuals
who will serve as tribal officials as provided in the tribal
constitution and bylaws. For the purpose of this election and
notwithstanding any provision in the tribal constitution and bylaws to
the contrary, absentee balloting shall be permitted.
Sec. 7. (a) Any reservation for the tribe shall be established by an
Act of Congress enacted after the enactment of this Act. // 25 USC 711e
//
(b) Inasmuch as the reservation of the trive has been terminated, the
Secretary shall negotiate with the tribe, or with representatives of the
tribe chosen by the tribe, concerning the establishment of a reservation
for the tribe and shall, in accordance with subsections (c) and (d) and
within two years after the date of enactment of this Act, develop a plan
for the establishemtn of a reservation for the tribe. Upon approval of
such plan by the tribal officials elected under the tribal constitution
and bylaws adopted pursuant to section 6, the Secretary shall submit
such plan, in the form of proposed legislation, to the Congress.
(c) To assure that legitimate State and local interests are not
prejudiced by the creation of a reservation for the tribe, the
Secretary, in developing a plan under subsection (b) for the
establishment of a reservation, shall notify and consult with all
appropriate officials of the State of Oregon, all appropriate local
governmental officials in the State of Oregon and any other interested
parties. Such consultation shall include the following subjects:
(1) the size and location of the reservation;
(2) the effect the establishment of the reservation would have
on State and local tax revenues;
(3) the criminal and civil jurisdiction of the State of Oregon
with respect to the reservation and persons on the reservation;
(4) hunting, fishing, and trapping rights of the tribe and
members of the tribe, on the reservation;
(5) the provision of State and local services to the
reservation; and to the tribe and members of the tribe on the
reservation: and
(6) the provision of Federal services to the reservation and to
the tribe and members of the tribe and the provision of services
by the tribe to members of the tribe.
(d) Any plan developed under this section for the establishment of a
reservation for the tribe shall provide that--,
(1) any real property transferred by the tribe or members of
the tribe to the Secretary shall be taken in the name of the
United States in trust for the benefit of the tribe and shall be
the reservation for the tribe;
(2) the establishment of such a reservation will not grant or
restore to the tribe or any member of the tribe any hunting,
fishing, or trapping right of any nature, including any indirect
or procedural right or advantage, on such reservation;
(3) the Secretary shall not accept any real property in trust
for the benefit of the tribe or its members unless such real
property is located within Lincoln County, State of Oregon;
(4) any real property taken in trust by the Secretary for the
benefit of the tribe or its members shall be subject to all rights
existing at the time such property is taken in trust, including
liens, outstanding Federal, State, and local taxes, mortgages,
outstanding indebtedness of any kind, easements, and all other
obligations, and shall be subject to foreclosure and sale in
accordance with the laws of the State of Oregon;
(5) the transfer of any real property to the Secretary in trust
for the benefits of the tribe or its members shall be exempt from
all Federal, State, and local taxation, and all such real property
shall, as of the date of such transfer, be exempt from Federal,
State, and local taxation; and
(6) the State of Oregon shall have civil and criminal
jurisdiction with respect to the reservation and persons on the
reservation in accordance with section 1360 of title 28, United
States Code, and section 1162 of title 18, United States Code.
(e) The Secretary shall append to the plan a detailed statement
describing the manner in which the notification and consultation
prescribed by subsection (c) was carried out and shall include any
written comments with respect to the establishment of a reservation for
the tribe submitted to the Secretary by State and local officials and
other interested parties in the course of such consultation.
Sec. 8. The Secretary may make such rules and regulations as are
necessary to carry out the purposes of this Act. // 25 USC 711f. //
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 623 accompanying H.R. 7259 (Comm. on Interior
and Insular
Affairs).
SENATE REPORT No. 95 - 386 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Aug. 5, considered and passed Senate.
Nov. 1, considered and passed House, amended, in lieu of H.R.
7259.
Nov. 3, Senate concurred in House amendment.
PUBLIC LAW 95-194, 91 STAT. 1413
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 7(e) of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)) is amended by
striking out " October 1, 1977" and inserting in lieu thereof " October
1, 1978".
Sec. 2. The Fishermen's Protective Act of 1967, as amended, is
further amended by adding the following new section at the end thereof:
" Sec. 10. (a) After July 1, 1977, the Secretary may make a loan to
the owner or operator of any vessel of the United States which is
documented or certified as a commercial fishing vessel if--,
"(1) he receives an application for a loan under this section
// 22 USC 1980. //
after such date;
"(2) he reasonably determines that such vessel, or its fishing
gear, was lost, damaged, or destroyed by any vessel (or its crew
or fishing gear) of a foreign nation operating within the fishery
conservation zone established by sections 101 and 102 of the
Fishery Conservation and Management Act
// 16 USC 1812. //
of 1976 (16 U.S.C 1811); and
"(3) the amount of such loss, damage, or destruction exceeds
$2,000.
Any such loan--,
"(A) may be for an amount not exceeding the value of such loss,
damage, or destruction;
"(B) shall be consitional upon assignment to the Secretary of
any right to recover for such loss, damage, or destruction;
"(C) shall bear interest at a rate not to exceed 3 1/2 per
centum per annum; and
"(D) shall be subject to such terms and conditions as the
Secretary deems necessary and appropriate for the purposes of this
section.
The Secretary shall use the Fishermen's Protective Fund created under
section 9 // 22 USC 1979. // for the amounts of any loan made under
this section. Loans may be made for any loss, damage, or destruction
occurring after July 1, 1976 for which claims are not already
substantially resolved.
"(b) The Secretary, in conjunction with other agencies or
departments, shall investigate each incident of loss, damage, or
destruction for which a loan was made under this section. If he
determines that the owner or operator who received the loan was not at
fault, the Secretary shall cancel repayment of such loan and refund to
such owner or operator any principal and interest payments thereon made
prior to the date of such cancellation. If he determines that the owner
or operator who received the loan was at fault, the loan shall not
continue for its term and shall be repaid within a reasonable time as
determined by the Secretary.
"(c) The Secretary, with the assistance of the Attorney General, the
Secretary of State, and the claimant, shall take appropriate action,
pursuant to the provisions of title 28, United States Code, to collect
on any right assigned to him under subsection (a). Amounts collected
under this subsection shall--,
"(1) if such loan was canceled pursuant to subsection (b),
// 22 USC 1979. //
be paid into the Fishermen's Protective Fund created under section
9, to the extent of the amount so canceled;
"(2) if not so canceled, be applied to the repayment of such
loan; or
"(3) to the extent not used pursuant to paragraph (1) or (2),
paid to the owner or operator who assigned such claim.
"(d) For the purposes of this section, the term ' Secretary' means
the Secretary of Commerce.
"(e) The Secretary may from time to time establish by regulation fees
to recover the cost of administering this section. Such fees shall be
paid by the owner or operator making claims under this section."
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 319 accompanying H.R. 4140 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 95 - 178 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 16, considered in House.
May 24, considered and passed Senate.
Oct. 18, considered and passed House, amended, in lieu of H.R.
4140.
Nov. 3, Senate agreed to House amendments with an amendment;
House agreed
PUBLIC LAW 95-193, 91 STAT, 1412
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 202(c) of
the Appalachian Regional Development Act of 1965 // 40 USC app. 202 //
is amended by striking out the period at the end of the seventh sentence
and inserting in lieu thereof a comma and the following: "except that
transitional funding not to exceed 75 per centum of annual operating
costs may be approved for not more than two additional years of
operations for child development demonstrations if the Commission finds
that no Federal, State, or local funds are available to continue such
demonstrations.".
Sec. 2. (a) // 40 USC app. 202 // The Appalachian Regional
Commission and the Department of Health, Education, and Welfare shall
make a full and complete investigation and study of the child
development programs being assisted under the Appalachian Regional
Development Act of 1965 to determine the source and nature of any
problems in the phasing out of such Federal assistance to such programs
and to recommend solutions to these problems, including procedures by
which sponsorship of these programs can be turned over to State or
private agencies, or both.
(b) The Appalachian Regional Commission and the Department of Health,
Education, and Welfare shall make a report to the Congress of their
findings and recommendations under subsection (a) not later than one
year after the date of enactment of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 738, pt. I (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Nov. 1, considered and passed House.
Nov. 3, considered and passed Senate.
PUBLIC LAW 95-192, 91 STAT. 1407, SOIL AND WATER RESOURCES
CONSERVATION ACT OF 1977.
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 " Soil and Water Resources Conservation Act of 1977". //
16 USC 2001 //
Sec. 2. // 16 USC 2001 // The Congress finds that:
(1) There is a growing demand on the soil, water, and related
resources of the Nation to meet present and future needs.
(2) The Congress, in its concern for sustained use of the resource
base, created the Soil Conservation Service of the United States
Department of Agriculture which possesses information, technical
expertise, and a delivery system for providing assistance to land users
with repect to conservation and use of soils; plants; woodlands;
waterhed protection and flood prevention; the conservation,
development, utilization, and disposal of water; animal husbandry;
fist and wildlife managemtn; recreation; community development; and
related resource uses.
(3) Resource appraisal is basic to effective soil and water
conservation. Since individual and governmental decisions concerning
soil and water resources often transcend administrative boundaries and
affect other programs and decisions, a coordinated appraisal and program
framework are essential.
Sec. 3. As used in this Act: // 16 USC 2002. //
(1) The term " Secretary" means the Secretary of Agiculture.
(2) The trem "soil, water, and related resources" means those
resources which come within the scope of the programs administered and
participated in by the Secretary of Agriculture through the soil
Conservation Service.
(3) The term "soil and water conservation program" means a set of
guidelines for attaining the purposes of this Act.
Sec. 4. (a) // 16 USC 2003. // In order to further the conservation
of soil, water, and related resources, it is declared to be the policy
of the United States and purpose of this Act that the conduct of
programs administered by the Secretary of Agriculture for the
conservation of such resources shall be responsive to the long-term
needs of the Nation, as determined under the provisions of this Act.
(b) Recognizing that the arrangements under which the Federal
Government cooperates with State soil and water conservation agencies
and other appropriate State natural resource agencies such as those
concerned with forestry and fish and wildlife and, through conservation
districts, with other local units of government and land users, have
effectively aided in the protection and improvement of the Nation's
basic resources, including the restoration and maintenance of resources
damaged by improper use, it is declared to be the policy of the United
States that these arrangements and similar cooperative arrangements
should be utilized to the fulle extent practicable to achieve the
purpose of this Act conistent woth the roles and responsilities of the
non-Federal agencies, landowners and land users.
(c) The Secretary shall promote the attainment of the policies and
purposes expressed in this Act by--,
(1) appraising on a continuing basis the soil, water, and
related resources of the Nation;
(2) developing and updated periodically a program for
furthering conservation, protection, and echancement of the soil,
water, and related reources of the Nation consistent with the
roles and program responsibilties of other Federal agencies and
State and local governments; and
(3) providing to Congress and the public, through reports, the
information developed pursuant to paragraphs (1) and (2) of this
subsection, and by providing Congress with an annual evaluation
report as provided in section 7.
Sec. 5. (a) // 16 USC 2004 // In recognition of the importance of
and need for obtaining and maintaining information on the current status
of soil, water, and related resources, the Secretary is authorized and
directed to carry out a continuing appraisal of the soil, water, and
related resources of the Nation. The appraisal shall include, but not
be limited to -
(1) data on the quality and quantity of soil, water, and
ralated resources, including fish and wildlife habitats;
(2) data on the capability and limitations of those resources
for meeting current and projected demands on the resource base;
(3) data on the changes that have occurred in the status and
condition of those resources resulting from various past uses,
including the impact of farming technologies, techniques, and
practices;
(4) data on gurrent Federal and State laws, policies, programs,
rights, regulations, ownerships, and their trends and other
considerations relating to the use, development, and conservation
of soil, water, and related resources;
(5) data on the costs and benefits of alternative soil and
water conservation practices; and
(6) data on alternative irrigation techniques regarding their
costs, benefits, and impact on soil and water conservation, crop
production, and environmental factors. (b) The appraisal shall
utilize data collected under this Act
and pertinent data and information collected by the Department of
Agriculture and other Federal, State, and local agencies and
organizations. The Secretary shall establish an integrated system
capable of using combinations of resource data to determine the quality
and capabilities for alternative uses of the resouce base and to
identify areas of local, State, and National concerns and related roles
pertaining to soil and water conservation, resource use and development,
and environmental improvement.
(c) The appraisal shall be made in cooperation with conservation
districts, State soil and water conservation agencies, and other
appropriate citizen groups, and locall and State agencies under such
procedures as the Secretary may prescribe to unsure public
participation.
(d) The appraisal shall be completed by December 31, 1979, and at
each five - year interval thereafter during the period this Act is in
effect.
Sec. 6. (a) // 16 USC 2005 // The Secretary is hereby authorized and
directed to develop in cooperation with and participation by the public
through conservation districts, State and national organizations and
agencies, and other appropriate means a national soil and water
conservation program (hereinafter called the "program") to be used as a
guide in carrying out the activities of the Soil Conservation Service
which assist landowners and land users, at their request, in furthering
soil and water conservation on the private and non-Federal lands of the
Nation. The program shall set forth direction for future soil and water
conservation efforts of the United State Department of Agriculture based
the current soil, water, and related resource appraisal developed in
accordance with section 5 of this Act, taking into consideration bothl
the long-and short-term needs of the Nation, the landowners and the land
users, and the roles and responsibilities of Federal, State, and local
governments in such conservation efforts. The program shall also
include but not be limited to--,
(1) analysis of the Nation's soil, water, and related resource
problems;
(2) analysis of existing Federal, State, and local government
authorities and adjustments needed;
(3) an evaluation of the effectiveness of the soil and water
conservation ongoing programs and the overall progress being
achieved by Federal, State, and local programs and the landowners
and land users in meeting the soil and water conservation
objectives of this Act;
(4) identification and evaluation of alternative methods for
the conservation, protection, environmental improvement, and
enhancement of soil and water resources, in the context of
alternative time frames, and a recommendation of the preferred
alternatives and the extent to which they are being implemented;
(5) investigation and analysis of the practicability,
desirability, and feasibility of collecting organic waste
materials, including manure, crop and food wastes, industrial
organic wasted, municipal sewage sludge, logging and wood -
manufacturing residues, and and other organic refuse, composting,
or similarly treating such materials, transporting and placing
such materials onto the land to improve soil tilth and fertility.
The analysis shall include the projected cost of such collection,
transporatation, and placement in accordance with sound locally
approved soil and water conservation practices;
(6) analysis of the Federal and non - Federal inputs required
to implement the program;
(7) analysis of costs and benefits of alternative soil and
water conservation practices; and
(8) investigation and analysis of alternative irrigation
techniques regarding their costs, benefits, and impact on soil and
water conservation, crop production, and environmental factors.
(b) The program plan shall be completed not later tham December 31,
1979, and be updated at each five - years interval thereafter during the
period this Act is in effect.
Sec. 7. (a) // 16 USC 2006 // On the first day Congress covenes in
1980 and at each five-year interval thereafter during the period this
Act is in effect the President shall transmit to the Speaker of the
House of Representatives and the President of the Senate, the appraisal
and the program as required by sections 5 and 6 of this Act, together
with a detailed statement of policy regarding soil and water
conservation activities of the United State Department of Agriculture.
(b) Commencing with the fiscal year ending September 30, 1982, the
President shall, not later tham thirth days after the submission of the
budget for each fiscal year, prepare and transmit to Congress a report
expressing in qualitaive and quantitative terms the extent to which the
programs and policies projected under the budget meet the statement of
policy submitted under subsection (a) of this section. In any case in
which the budget recommeds a course which fails to meet the statement of
policy, the President shall set forth in his report under this
subsection the reasons for requesting Congress to approve the lesser
program or policies presented in the budget.
(c) The Secretary, during budget preparation for fiscal year 1982 and
annually thereafter during the period this Act is in effect, shall
perpare ans transmit to the Congress, through the President, a report to
accompany the budget which evaluates the program's effectiveness in
attaining the purposes of this Act. The report, prepared in concise
summary form with appropriate detailed appendices, shall contain
pertinent data from the current reource appraisal required to be
prepared by section 5 of this Act, shall et forth the progress in
implementing the program required to be developed by section 6 of this
Act, and shall contain appropriate measurements of pertinent costs and
benefits. The evaluation shall assess the balance between economic
factors and environmental quality factors. The report shall also
indicate plans for impleminting action and recommendation for new
legislation where warranted.
Sec. 8. There are authorized to be appropriated such funds as may be
necessary to carry out the purposes of this Act. // 16 USC 2007 //
Sec. 9. In the implementation of this Act, // 16 USC 2008 // the
Sectretary shall utilize information and data available from other
Federal, State, and local governments, and private organizations and he
shall coordinate his actions with the resource appraisal and planning
efforts of other Federal agencies and avoid unnecessary duplication and
overlap of planning and program efforts.
Sec. 10. The provisions of this Act // 16 USC 2009 // shall
terminate on December 31, 1985.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 344 accompanying H.R. 75 (Comm. on
Agriculture).
SENATE REPORT No. 95 - 59 (Comm. on Agriculture, Nutrition and
Forestry).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Mar. 23, considered and passed Senate.
June 6, considered and passed House. Amended, in lieu of H.R.
75.
Nov. 2, Senate concurred in House amendments with an amendment.
Nov. 3, House agreed to Senate amendment.
PUBLIC LAW 95-191, 91 STAT. 1406
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, subject to all
valid existing rights-of-way, licenses, leases, permits, and easements,
all right, title, and interest of the United States in the land
described below, consisting of approximately ninety acres, is declared
to be held in trust for the Ely Indian Colony, Nevada: The north half
of the southeast quarter and the northeast quarter of the northeast
quarter of the southwest quarter of section 22, township 16 north, range
63 east, Mount Diablo base and meridian, Nevada. Such land shall be a
reservation of the colony.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 619 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 3 considered and passed House.
Nov. 4, considered and passed Senate.
PUBLIC LAW 95-190, 91 STAT. 1393, SAFE DRINKING WATER AMENDMENTS OF
1977.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Safe Drinking Water
Amendments of 1977". // 42 USC 201 //
Sec. 2. (a) Section 1442(c) of the Public Health Service Act // 42
USC 300i-1. // is amended by inserting "other than subsection (a) (2)
(B) and provisions relating to research" "after "section"; by striking
out "and"; and by striking out the period at the end thereof and
substituting"; and $17,000,000 for each of the fiscal years 1978 and
1979. There are authorized to be appropriated to carry out subsection
(a) (2) (B) $8,000,000 for each of the fiscal years 1978 and 1979.".
(b) Section 1443(a)(5) of such Act // 42 USC 300 // is amended by
striking out "and" and by inserting before the period at the end
thereof: ", $35,000,000 for fiscal year 1978, and $45,000,000 for
fiscal year 1979".
(c) Section 1443(b) (5) of such Act is amended by striking out "and",
and by inserting before the period at the end thereof: ",and
$10,000,000 for each of the fiscal years 1978 and 1979".
(d) Section 3(c) of the Safe Drinking Water Act // 42 USC 300f //
years 1978 and 1979" after "1977".
(e) Nothing in this Act // 42 USC 300f // shall be construed to
authorize the appropriation of any amount for research under title XIV
of the Public Health Service Act // 42 USC 300f // (relating to safe
drinking water).
Sec. 3. (a) Section 1442(a)(3) of the Public Health Service Act //
42 USC 300 // is amended by inserting "(A)" after "(3)" and by adding
the following at the end thereof:
"(B) Not later than eighteen months after the date of enactment of
this subparagraph, the Administrator shall submit a report to Congress
which identifies and analyzes--,
"(i) the anticipated costs of compliance with interim and
revised national primary drinking water regulations and the
anticipated costs to States and units of local governments in
implementing such regulations;
"(ii) alternative methods of (including alternative treatment
techniques for) compliance with such regulations;
"(iii) methods of paying the costs of compliance by public
water systems with national primary drinking water regulations,
including user charges, State or local taxes or subsidies, Federal
grants (including planning or construction grants, or both),
loans, and loan guarantees, and other methods of assisting in
paying the costs of such compliance;
"(iv) the advantages and disadvantages of each of the methods
referred to in clauses (ii) and (iii);
"(v) the sources of revenue presently available (and projected
to be available) to public water systems to meet current and
future expenses; and
"(vi) the costs of drinking water paid by residential and
industrial consumers in a sample of large, medium, and small
public water systems and of individually owned wells, and the
reasons for any differences in such costs.
The report required by this subparagraph shall identify and analyze the
items required in clauses (i) through (v) separately with respect to
public water systems serving small communities. The report required by
this subparagraph shall include such recommendations as the
Administrator deems appropriate.".
(b) Section 1442 of such Act // 42 USC 300j-1 // is amended by
redesignating subsection (c) as (e) and by inserting the following new
subsection after subsection (b):
"(c) Not later than eighteen months after the date of enactment of
this subsection, the Administrator shall submit a report to Congress on
the present and projected future availability of an adequate and
dependable supply of safe drinking water to meet present and projected
future need. Such report shall include an analysis of the future demand
for drinking water and other competing uses of water, the availability
and use of methods to conserve water or reduce demand, the adequacy of
present measures to assure adequate and dependable supplies of safe
drinking water, and the problems (financial, legal, or other) which need
to be resolved in order to assure the availability of such supplies for
the future. Existing information and data compiled by the National
Water Commission and others shall be utilized to the extent possible.".
(c) Section 1412(e)(2) of such Act // 42 USC 300g-1 // is amended by
inserting before the period at the end of the first sentence thereof the
following: ", and revisions thereof reflecting new information which
has become available since the most recent previous report shall be
reported to the Congress each two years thereafter".
(d) Section 3(b) of the Safe Drinking Water Act is amended by
striking out "for transmittal" and inserting "and" in lieu thereof.
(e)(1) Section 1442(a) of such Act is amended by adding the following
new paragraphs at the end thereof:
"(10) The Administrator shall carry out a study of the reaction of
chlorine and humic acids and the effects of the contaminants which
result from such reaction on public health and on the safety of drinking
water, including any carcinogenic effect.
"(11) The Administrator shall carry out a study of polychlorinated
biphenyl contamination of actual or potential sources of drinking water,
contamination of such sources by other substances known or suspected to
be harmful to public health, the effects of such contamination, and
means of removing, treating, or otherwise controlling such
contamination. To assist in carrying out this paragraph, the
Administrator is authorized to make grants to public agencies and
private nonprofit institutions.".
(2) Nothing in this Act // 42 USC 300f // shall be construed to alter
or affect the Administrator's authority or duty under title 14 of the
Public Health Service Act // 42 USC 300f // to promulgate regulations or
take other action with respect to any contaminant.
Sec. 4. Section 1442 of the Public Health Serice Act, as amended by
section 3(b) of this Act, is further amended by inserting the following
new subsection after subsection (c):
"(d) The Administrator shall--,
"(1) provide training for, and make grants for training
(including postgraduate training) of (A) personnel of State
agencies or units of local government to which enforcement
responsibilities have been delegated by the State, and (B)
personnel who manage or operate public water systems, and
"(2) make grants for postgraduate training of individuals
(including grants to educational institutions for traineeships)
for purposes of qualifying such individuals to work as personnel
referred to in paragraph (1).
Reasonable fees may be charged for training provided under paragraph (1)
(B) to persons other than personnel of State or local agencies but such
training shall be provided to personnel of State or local agencies
without charge.".
Sec. 5. (a) Section 1443(a) of the Public Health Service Act is
amended by redesignating paragraph (5) as paragraph (7) and by inserting
after paragraph (4) the following new paragraphs:
"(5) The prohibition contained in the last sentence of paragraph (2)
may be waived by the Administrator with respect to a grant to a State
through fiscal year 1979 but such prohibition may only be waived if, in
the judgment of the Administrator--,
"(A) the State is making a diligent effort to assume and
maintain promary enforcement responsibility for public water
systems within the State;
"(B) the State has made significant progress toward assuming
and maintaining such primary enforcement responsibility; and
"(C) there is reason to believe the State will assume such
primary enforcement responsibility by October 1, 1979.
The amount of any grant awarded for the fiscal years 1978 and 1979
pursuant to a waiver under this paragraph may not exceed 75 per centum
of the allotment which the State would have received for such fiscal
year if it had assumed and maintained such primary enforcement
responsibility. The remaining 25 per centum of the amount allotted to
such State for such fiscal year shall be retained by the Administrator,
and the Administrator may award such amount to such State at such time
as the State assumes such responsibility before the beginning of fiscal
year 1980. At the beginning of each fiscal years 1979 and 1980 the
amounts retained by the Administrator for any preceding fiscal year and
not awarded by the beginning of fiscal year 1979 or 1980 to the States
to which such amounts were originally allotted may be removed from the
original allotment and reallotted for fiscal year 1979 or 1980 (as the
case may be) to States which have assumed primary enforcement
responsibility by the beginning of such fiscal year.
"(6) The Administrator shall notify the State of the approval or
disapproval of any application for a grant under this section--,
"(A) within ninety days after receipt of such application, or
"(B) not later than the first day of the fiscal year for which
the grant application is made, whichever is later.".
Sec. 6. (a) Section 1422(b)(1)(A) of the Public Health Service Act
// 42 USC 300h-1 // is amended by inserting the following new sentence
at the end thereof: " The Administrator may, for good cause, extend the
date for submission of an application by any State under this
subparagraph for a period not to exceed an additional 270 days.".
(b) Section 1421(b) of such Act // 42 USC 300h // is amended by
inserting the following new paragraph at the end thereof:
"(3)(A) The regulations of the Administrator under this section shall
permit or provide for consideration of varying geologic, hydrological,
or historical conditions in different States and in different areas
within a State.
"(B)(i) In prescribing regulations under this section the
Administrator shall, to the extent feasible, avoid promulgation of
requirements which would unnecessarily disrupt State underground
injection control programs which are in effect and being enforced in a
substantial number or States.
"(ii) For the purpose of this subparagraph, a regulation prescribed
by the Administrator under this section shall be deemed to disrupt a
State underground injection control program only if it would be
infeasible to comply with both such regulation and the State underground
injection control program.
(iii) For the purpose of this subparagraph, a regulation prescribed
by the Administrator under this section shall be deemed unnecessary only
if, without such regulation, underground sources of drinking water will
not be endangered by any underground injection.
"(C) Nothing in this section shall be construed to alter or affect
the duty to assure that underground sources of drinking water will not
be endangered by any underground injection.".
Sec. 7. Section 1441(f) of the Public Health Service Act // 42 USC
300j // is amended by striking out " June 30, 1977" and inserting in
lieu thereof " September 30, 1979".
Sec. 8. (a) Section 1447(a) of the Public Health Service Act // 42
USC 300j-6. // is amended to read as follows:
" Sec. 1447. (a) Each Federal agency (1) having jurisdiction over
any federally owned or maintained public water system or (2) engaged in
any activity resulting, or which may result in, underground injection
which endangers drinking water (within the meaning of section 1421 (d)(
2) // 42 USC 300h. // shall be dubject to, and comply with, all
Federal, State, and local requirements, administrative authorities, and
process and sanctions respecting the provision of safe drinking water
and respecting any underground injection program in the same manner, and
to the same extent, as any nongrovernmental entity. The preceding
sentence shall apply (A) to any requirement whether substantive or
procedural (including any recordkeeping or reporting requirement, any
requirement respecting permits, and any other requirement whatsoever),
(B) to the exercise of any Federal, State, or local administrative
authority, and (C) to any process or sanction, whether enforced in
Federal, State, or local courts or in any other manner. This subsection
shall apply, notwithstanding any immunity of such agencies, under any
law or rule of law. No officer, agent, or employee of the United States
shall be personally liable for any civil penalty under this title with
respect to any act or omission within the scope of his official
duties.".
(b) Section 1401(12) of such Act // 42 USC 300f. // is amended to
read follows:
"(12) The term 'person' means an individual, corporation, company,
association, partnership, State, municipality, or Federal agency (and
includes officers, employees, and agents of any corporation, company,
association, State, municipality, or Federal agency)."
(c) Section 1449(e) of such Act // 42 USC 300 // is amended by adding
the following at the end thereof: " Nothing in this section or in any
other law of the United States shall be construed to prohibit, exclude,
or restrict any State or local government from--,
"(1) bringing any action or obtaining any remedy or sanction in
any State or local court, or
"(2) bringing any administrative action or obtaining any
administrative remedy or sanction,
against any agency of the United States under State or local law to
enforce any requirement respecting the provision of safe drinking water
or respecting any underground injection control program. Nothing in
this section shall be construed to authorize judicial review of
regulations or orders of the Administrator under this title, except as
provided in section 1448 // 42 USC 300 // For provisions providing for
application of certain requirements to such agencies in the same manner
as to nongovernmental entitles, see section 1447.".
(d) Section 1447 of such Act is further amended by inserting at the
end thereof a new subsection (c):
"(c)(1) Nothing in the Safe Drinking Water Amendments of 1977 // 42
USC 300j-6. // shall be construed to alter or affect the status of
American Indian lands or water rights nor to waive any sovereignty over
Indian lands guaranteed by treaty or statute.
"(2) For the purposes of this Act, the term ' Federal agency' shall
not be construed to refer to or include any American Indian tribe, nor
to the Secretary of the Interior in his capacity as trustee of Indian
lands.".
Sec. 9. Section 1442(a)(2) of the Public Health Service Act // 42
USC 300j-1. // is amended by inserting "(A)" after "(2)" and by adding
the following new subparagraph at the end thereof:
"(b) The Administrator is authorized to provide technical assistance
and to make grants to States, or publicly owned water systems to assist
in responding to and alleviating any emergency situation respecting
drinking water which the Administrator determines (i) may reasonable by
anticipated to endanger public health, and (ii) arises from unknown
conditions or conditions which such entity is unable to remedy without
such emergency assistance.".
Section 10. (a) Section 1416(b)(1) of the Public Health Service Act
// 42 USC 300 // is amended by striking out "containment" wherever it
appears therein and by inserting in lieu thereof "contaminant".
(b) Section 1442(b)(3)(C) of such Act // 42 USC 300 // is amended by
striking out "1443(d)" and by inserting in lieu thereof "1443(c)".
Sec. 11. (a) Subsection (a) of section 5108 of title 5, United
States Code, is amended by striking out "an aggregate of 3,243" and
inserting in lieu thereof "an aggregate of 3,293".
(b) To the extent that the Administrator of the Environmental
Protection Agency deems such action necessary to the discharge of his
functions under title XIV of the Public Health Service Act // 42 USC
300f // (relating to safe drinking water) and under other provisions of
law, he may appoint personnel to fill not more than thirty scientific,
engineering, professional, legal, and administrative positions within
the Environmental Protection Agency without regard to the civil service
laws and may fix the compensation of such personnel not in excess of the
maximum rate payable for GS-18 of the General Schedule under section
5332 of title 5, United States Code. // 5 USC 5332 //
Sec. 12. (a) Section 1412(e)(2) of the Public Health Service Act is
amended by striking the word "and" at the end of clause (E) and by
striking the period at the end of clause (F) and inserting in lieu
thereof: ; and", and by adding the following new clause at the end
thereof: "(G) periodic assessments and evaluations of unregulated
contaminats which may require continuous monitoring or regulation.".
(b)(1) Section 1414(c) of such Act // 42 USC 300 // is amended by
striking out "form and manner for giving such notice. Such notice" and
inserting in lieu thereof "form, manner, and frequency for giving notice
under this subsection. Notice under the first sentence of this
subsection".
(2) Section 1414(c) is further amended by inserting: " The
Administrator may also require the owner or operator of a public water
system to give notice to the persons served by it of contaminant levels
of any unregulated contaminant required to be monitored under section
1445(a)." after "issued by the system.".
(3) Section 1414(c) is further amended by striking out "thereunder"
and inserting in lieu thereof "issued under this subsection".
(c) Section 1445(a) of such Act // 42 USC 300 // is amended by
striking out "or" before "in administering", and by inserting before the
period at the end thereof: ", in evaluating the health risks of
unregulated contaminants, or in advising the public of such risks".
(d) Section 1445(b)(1) of such Act is amended by inserting " a)"
immediately after "person subject to", by striking out "or" after "1412"
and inserting in lieu thereof ", ] B) an", by striking out "(or person"
and substituting the following:", or (C) any requirement to monitor an
unregulated contaminant pursuant to subsection (a), or person", and by
striking out the parenthesis after "or other person" and substituting
"referred to in clause (A), (B), or (C)".
Sec. 13. Section 1442(a)(2)(B) of the Public Health Service Act, as
amended by section 9 of this Act, is further amended by striking out
"respecting drinking water" and all that follows down through the period
at the end thereof and substituting: "affecting public water systems
(including sources of water for such systems) which the Administrator
determines to present substantial danger to the public health. Grants
provided under this subparagraph shall be used only to support those
actions which (i) are necessary for preventing, limiting or mitigating
danger to the public health in such emergency situation and (ii) would
not, in the judgment of this Administrator, be taken without such
emergency assistance. The Administrator may carry out the program
authorized under this subparagraph as part of, and in accordane with the
terms and conditions of, any otehr program of assistance for
environmental emergencies withic the Administrator is authorized to
carry out uner any other provision of law. No limitation on
appropriations for any such other program shall apply to amounts
appropriated under this subparagraph.".
Sec. 14. (a) The Clean Air Act is amended as follows:
(1) in section 110(a)(2)(H) insert a semicolon at the end
thereof;
(2) in section 110(a)(2)(J) strike out comma at the end thereof
and substitute a semicolon;
(3) in section 110(a)(5)(D) strike out "preconstruction or
premodification";
(4) in section 110(a)(3) add the following new subparagraph at
the end thereof:
"(D) Any applicable implementation plan for which an attainment date
later thna December 31, 1982, is provided pursuant to section 172(a)(2)
shall be revised by July 1, 1979, to include the comprehensive measures
and requirements referred to in subsection (c)(5)(B).";
(5) in section 110 redesignate subsections (g), (h), and (i)
(as added by section 108(g) of the Clean Air Act Amendments of
1977) as (h), (i), and (j), respectively;
(6) in section 110(j), as redesignated by paragraph (5) of this
subsection, strike out "at such source will enable it" and
substitute "will such source";
(7) in section 111(a) redesignate paragraph (7) (as added by
section 109(f) of the Clean Air Act Amendments of 1977) as
paragraph (8);
(8) in section 111 strike out subsection (j) and redesignate
the following subsections accordingly;
(9) in section 111(j)(2), as redesignated by paragraph (8) of
this subsection, strike out "(8)" and substitute "(B)";
(10) in section 113(b)(3) insert a comma after "coal
conversion)" and after "smelter orders)"; and strike out "320"
and insert in lieu thereof "324";
(11) in section 113(b)(3) (as amended by section 111(c)(3) of
the Clean Air Act Amendments of 1977), insert "or" at the end
thereof;
(12) in section 113(c)(1)(B) (as amended by section 111(d) (2)
of the Clean Air Act Amendments of 1977), insert "or" at the end
thereof;
(13) in section 113(c)(1)(D) insert a comma after " Act)" and
insert a comma after "penalties)";
(14) in section 113(d)(1) strike out "an order for any
stationary source which" and insert in lieu thereof "to any
stationary source which is unable to comply with any requirement
of an applicable implementation plan an order which" and strike
out "any requirement of an applicable implementaion plan" and
insert in lieu thereof "such requirement";
(15) in section 113(d)(1)(E) insert ", unless exempted under
section 120(a)(2) (B) or (C)," after "notifies the source that";
insert "effective July 1, 1979, as provided" after "noncompliance
penalty"; and strike out "120" the second time it appears therein
and insert in lieu thereof "120(b)(3) or (g),";
(16) in section 113(d)(2) insert after the first sentence
thereof the following: " The Administrator shall determine, not
later 90 days after receipt of notice of the issuance of an order
under this subsection with respect to any major stationary source,
whether or not any State order under this subsection is in
accordance with the requirements of this Act.";
(17) in section 113(d)(4) (A) insert a closing parenthesis
after "111(a)(1)";
(18) in the last sentence of section 113(d)(5)(A) strike out
"an additional period of" and insert in lieu thereof "an
additional period for";
(19) in section 113(d)(8) strike out "or (3)" after "paragraph
(1)";
(20) in section 113(d)(10)
// 42 USC 7604 //
strike out "issued" and insert in lieu thereof "in effect"; and
strike out "other" and insert in lieu thereof " Federal" and
strike out "or section 304" and substitute "and no action under
section 304";
(21) in section 113(d)(11)
// 42 USC 7414. //
strike out "(and approved by the Administrator)" and substitute
"and in effect";
(22) in section 114(a)(iii)
// 42 USC 7521. //
strike out "(except with respect to a manufacturer of motor
vehicles or motor vehicle engines)" and insert in lieu thereof
"(except a provision of title II with respect to a manufacturer of
new motor vehicles or new motor vehicle engines)";
(23) in section 114(a)(1) insert "insert "who owns or operates
any emission source or who is" after "any person"; and insert
"with respect to a provision of title II" after "208";
// 42 USC 7416. //
insert "as in effect before the date of the enactment of the Clean
Air Act Amendments of 1977)"
// 42 USC 7401 //
after "and (f)";
(25) in section 119(a), add the following new paragrapg at the
end thereof:
"(3) For the purposes of sections 110, 304, and 307 of this
Act, any order issued by the State and in effect pursuant to this
subsection shall become part of the applicable implementation
plan.";
(26) in section 119(d)(3) strike out "319" and insert in lieu
thereof "321";
(27) in the first sentence of section 119(e) strike out "such
order" and insert in lieu thereof "an order under this section";
(28) in section 120(a)(2)(A)(i) insert "(whether or not such
source is subject to a Federal or State consent decree)" after
"plan"; (29) in section 120(a)(2)(A)(iii) insert ", or Federal or
State consent decree" after "subparagraph (B)"; and strike out
"or suspension." at the end thereof and insert in lieu thereof
"suspension, or consent decree";
(30) in section 120(a)(2)(B)(ii) insert "section 113(d)(5) or"
after "under" and insert "(as in effect before the date of the
enactment of the Clean Air Act Amendments of 1977)"
// 7401 //
after "119";
(31) in section 120(a)(2)(B)(ii) insert "(as in effect before
the date of the enactment of the Clean Air Act Amendments of
1977)" after "199(c)(1)";
(32) in section 120(b)(8) strike out "(6)" and substitute
"(4)";
(33) in section 120(b)(2)(A) strike out "subsection (e)" and
insert in lieu thereof "subsection (a)(1)(B)(i)";
(34) in section 120(b), after paragraph (9) insert: " In any
case in which the State establishes a noncompliance penalty under
this section, the State shall provide notice thereof to the
Administrator.";
(35) in the next to last sentence of section 120(b) strike out
"delayed compliance" and insert in lieu thereof "noncompliance";
strike out "publication of the proposed penalty" and insert in
lieu thereof "receipt of notice of the State penalty assessment";
(36) in the last sentence of section 120(b) strike out "delayed
compliance" and insert in lieu thereof "noncompliance"; and
strike out "facility" and insert in lieu thereof "source";
(37) in section 120(d)(2)(A) insert "the economic value which a
delay in compliance beyond July 1, 1979, may have for the owner of
such source, including" after "no less than"; and strike out
"which a delay in compliance beyond July 1, 1979, may have for the
owner or operator or such source" and insert in lieu thereof
"which such a delay may have for the owner or operator of such
source";
(38) in section 120(e) insert a comma after "(b)";
(39) in section 126(a)(1) strike out ", relating to significant
deterioration of air quality," and substitute "(relating to
significant deterioration of air quality)";
(40) in section 162(a)(4) insert a comma after "size";
(41) in section 163(a) strike out "165(d)(2)(C)(iv)" and insert
in lieu thereof "section 165(d)(2)(C)(iv)";
(42) in section 164(b)(2) insert "or is inconsistent with the
requirements of section 162(a) or of subsection (a) of this
section" after "this section";
(43) in section 164(e), insert "an" after " If any State
affected by the redesignation of";
(44) in section 165(a)(1) strike out the colon at the end
thereof and insert in lieu thereof a semicolon;
(45) in section 165(a)(3) insert ", as required pursuant to
section 110(j)," after "demonstrates";
(46) in section 165(b) insert "cause or" before "contribute";
and strike out "actual" before "allowable";
(47) in section 165(d)(2)(C)(ii) strike out "contrbute" and
insert in lieu thereof "contribute";
(48) in section 165(d)(2)(C)(iii) strike out "quality related"
and substitute "quality-related" and strike out the comma after
"concentrations";
(49) in section 165(d)(2)(C)(iv) strike out "such sources" and
substitute "such facility"; strike out "together with all other
sources,"; and insert "cause or conribute to concentrations of
such pollutant which" before "exceed";
(50) in section 165(d)(2)(iii) strike out everything after "as
may be necessary to assure that" down through the colon and insert
in lieu thereof the following: "emissions of sulfur oxides from
such facility will not (during any day on which the otherwise
applicable maximum allowable increases are exceeded) cause or
contribute to concentrations which exceed the following maximum
allowable increases for such areas over the baseline concentration
for such pollutant and to assure that such emissions will not
cause or contribute to concentrations which exceed the otherwise
applicable maximum allowable increases for periods of exposure of
24 hours or less on more than 18 days during any annual period:";
(51) in section 165(d)(2)(D) add the following new clause:
"(iv) For purposes of clause (ii), the term 'high terrain area'
means with respect to any facility, any area having an elevation
of 900 feet or more above the base of the stack of such facility,
and the term 'low terrain area' means any area other than a high
terrain area.";
(52) in the second sentence of section 168(b) strike out "in
accordance with this definition" and insert in lieu thereof "(in
accordance with the definition of 'commenced' in section 169(
2))";
(53) immediately after section 168, strike out subpart 2 of
part C of title I of such Act and insert such subpart after
section 169;
(54) in section 169(2) add the following new subparagraph (C)
at the end thereof:
"(C) The term 'connection when used in connection with any
source or facility, includes the modification (as defined in
section 111(a)) of any source or facility.";
(55) in section 172(b)(4) strike out "paragraph (1)" and insert
in lieu thereof "subsection (a)";
(56) in section 172(c) strike out " July 1, 1987" and insert in
lieu thereof " December 31, 1987";
(57) in section 173(1)(A)
// 42 USC 7503 //
strike out "facility" each place it appears and insert in lieu
thereof "source"; strike out "from new" and insert in lieu
thereof "from new or modified"; and insert "applicable" before
"implementation plan";
(58) in section 173 strike out "and" after the semicolon in
paragraph (2); strike out the period at the end of paragraph (3)
and insert in lieu thereof "; and "; and add the following at
the end thereof:
"(4) the applicable implementation plan is being carried out
for the nonattainment area in which the proposed source is to be
constructed or modified in accordance with the requirements of
this part.";
(59) in section 176(a)(1) insert "national" before
"primart";
(60) in section 202(a) strike out "a) Except as otherwise
provided in subsection (b)--,
"(a)(1) Except as otherwise provided in subsection (b) the" and
substitute "(a) Except as otherwise provided in subsection (b)--,
"(1) The";
(61) in section 202(a)(3)(B) strike out " During the period of
June 1 through December 31, 1979, and during each period of June 1
through December 31 of each thrid year after 1979," and insert in
lieu thereof " During the period of June 1 through December 31,
1978, in the case of hydrocarbons and carbon monoxide, or during
the period of June 1 through December 31, 1980, in the case of
oxides of nitrogen, and during each period of June 1 through
December 31 of each third year thereafter,";
(62) in the last sentence of section 202(a)(3)(B) strike out
"of" before "from";
(63) in section 202(a)(3)(E) strike out " June 1, 1979," and
insert in lieu thereof " June 1, 1978, in the case hydrocarbons
and carbon minoxide, and June 1, 1980, in the case of exides of
nitrogen,";
(64) in section 202(b)(1) B) strike out "model year 1976" and
insert in lieu thereof "calendar year 1976";
(65) in section 202(b)(1)(B)(i) strike out " United States" and
insert in lieu thereof "other";
(66) in section 203(a)(3)(B), strike out the comma after
"purchaser" and substitute a semicolon;
(67) in section 203(a)(4)(C), insert "or" after "person,";
(68) in the last sentence of section 203(a) insert a period
after "215";
(69) in section 206(g)(3) insert "shall" after "(C)";
(70) in section 207(a) strike out "(3) The cost" and
substitute:
"(3) The cost";
(71) in section 207(f), as added by section 212 of the Clear
Air Act Amendments of 1977, strike out "(f)" and substitute "(h)";
(72) in section 207(h)(2) (as added by section 212 of the Clean
Air Act Amendments of 1977 and redesignated in paragraph (65) of
this section), strike out "as determined and" and insert in lieu
thereof "as determined under";
(73) in section 211(f)(2) strike out "first"; and insert ",
except as otherwise provided pursuant to a waiver under paragraph
(4)" after "per gallon of fuel";
(74) in section 211(f)(4) insert "or the limitation specified
in paragraph (2) of this subsection," after "subsection";
(75) in section 215(d) strike out " December 31, 1981," and
insert in lieu thereof " December 31, 1980,"
(76) in section 302(e), insert a comma after "individual";
(77) in section 304(a)(3) insert "or modified" after "new"; (78)
in section 304(f)(3) strike out "requirements" after "semelter
orders)," and substitute "any condition or requirement"; and
strike out "or" before "section 169 A" and insert ", or" after
"(relating to ozone protection)";
(79) in the first sentence of section 307(b)(1), insert "or
requirement" before "under section 112,"; strike out "under
section 111" and insert in lieu thereof "or requirement under
section 111,"; strike out "any rule or order issued under section
120 (relating to noncompliane penalties," and insert in lieu
thereof "any rule issued under section 113, 119, or under section
120, or"; (80) in the second sentence of section 307(b)( 1)
insert "under section 111(j), under section 112(c), under section
113(d), under section 119, or" before "under section 120"; and
insert "(as in effect before the date of enactment of the Clean
Air Act Amendments of 1977)" after "119(c)(2)(A), (B), or (C)";
and insert "(including any denial or disapproval by the
Administrator under title I)" after "under this Act"
// 42 USC 7401 //
(81) in section 323(d), strike out "eleven" and substitute
"thirteen"; strike out "seven" ans substitute "nine"; strike out
",by and with the advice and consent of the Senate";
(82) in section 324(j) insert after "(j)" the following: " The
Commission may appoint and fix the pay of such staff as it deems
necessary.";
(83) redesignate section 325 (as added by section 315 of the
Clean Air Act Amendments of 1977) as section 327 and in subsection
(b) (4) thereof, strike out "103 (b) (5)" and insert in lieu
thereof "103(a)(5)"; and
(84) in title III, and the following new section after section
325:
" Sec. 326. The parenthetical cross references in any provision of
this Act // 42 USC 7625a. // to other provisions of the Act, or other
provisions of law, where the words "relating to" or "pertaining to" are
used, are made only for convenience, and shall be given no legal
effect.".
(b) The Clean Air Act Amendments of 1977 (Public Law 95 - 95) is
amended as follows:
(1) in section 111, redesignate the second subsection (b) as
paragraph (3) and redesignate existing paragraph (3) as paragraph
(4);
(2) in section 129(a)(2)(C), strike out " January 1, 1979," and
insert in lieu thereof " July 1, 1979,";
(3) in the next to last sentence of section 129(a)(2), strike
"at" after "judgment";
(4) in section 129(c), strike out "subpart D" in each place it
appears and insert in lieu thereof "part D of title I" and strike
out "101" and insert in lieu thereof "110";
(5) in section 224(g) strike out "after 'engines'" and insert
in lieu thereof "after 'engine'"; and
(6) in section 406(c) strike out "section 110 of this Act" and
insert in lieu thereof "section 110 of the Clean Air Act".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 338 acompanying H.R. 6827 (Comm. on Interstate
and Foreign Commerce).
SENATE REPORT No. 95 - 190 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May. 24, considered and passed Senate.
July 12, considered and passed House, amended, in lieu of H.R.
6827.
Aug. 5, Senate agreed to House amendment with amendments.
Nov. 1, House agreed to one Senate amendment and amended the
other; Senate concurred in House amendment.
PUBLIC LAW 95-189, 91 STAT. 1392
Be it enacted by the Sentate and House of Representatives of the
United States of America in Congress assembled, That (a) in addition to
previous authorizations, there is hereby authorized to be appropriated
for the prosecution of the comprehensive plan of development of each
river basin under the jurisdiction of the Secretary of the Army referred
to in the first column below, which was basically authorized by the Act
referred to by date of enactment in the second column below, an amount
not to exceed that shown opposite such river basin in the third column
below:
(b) The total amount authorized to be appropriated by this title
shall not exceed $215,000,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 799, accompanying H.R. 9881 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 95 - 585 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Nov. 3, considered and passed Senate.
Nov. 3, considered and passed House, in lieu of H.R. 9881.
PUBLIC LAW 95-188, 91 STAT. 1387
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. Section 7 of the Act of September 21, 1966 (Public Law 89
- 597), // 12 U.S.C. 461. // is amended by striking out " December 15,
1977" and inserting in lieu thereof " December 15, 1978."
Sec. 201. This title may be cited as the " Federal Reserve Reform
Act of 1977." // 12 USC 226 //
Sec. 202. Insert a new section 2 A immediately after section 2 of
the Federal Reserve Act // 12 USC 222 - 225, 281 - 283, 285, 286, 501a,
502. // to read as follows:
" Sec. 2 A. // 12 USC 225. // The Board of Governors of the Federal
Reserve System and the Federal Open Market Committee shall maitain long
run growth of the monetary and credit aggregates commensurate with the
economy's long run potential to increase production, so as to promote
effectively the goals of maximum employment, stable prices, and moderate
long-term interest rates. The Board of Governors shall consult with
Congress at seminannual hearings before the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Banking,
Finance and Urban Affairs of the House of Representatives about the
Board of Governors' and the Federal Open Market Committee's objectives
and plans with respect to the ranges of growth or diminution of monetary
and credit aggregates for the upcoming twelve months, taking account of
past and prospective developments in production, employment, and prices.
Nothing in this Act shall be interpreted to require that such ranges of
growth or diminution be achieved if the Board of Governors and the
Federal Open Market Committee determine that they cannot or should not
be achieved because of changing conditions.".
Sec. 202. The following paragraphs of section 4 of the Federal
Reserve Act // 12 USC 301 // are amended:
(a) the tenth paragraph by inserting after the comma the
following: "without discrimination on the basis of race, creed,
color, sex, or national origin,".
(b) the eleventh paragraph by striking all after "members", and
substituting "who shall represent the public and shall be elected
without discrimination on the basis of race, creed, color, sex, or
national origin, and with due but not exclusive consideration to
the interests of agriculture, commerce, industry, services, labor,
and consumers".
(c) the twelfth paragraph by inserting immediately after the
first sentence thereof the following sentence: "they shall be
elected to represent the public, without discrimination on the
basis of race, creed, color, sex, or national origin, and with due
but not exclusive consideration to the interests of agriculture,
commerce, industry, services, labor, and consumers."
Sec. 204. (a) The third sentence of the second paragraph of section
10 of the Federal Reserve Act (12 U.S.C. 242) is amended to read as
follows: " Of the persons thus appointed, one shall be designated by
the President, by and with the advice and consent of the Senate, to
serve as Chairman of the Board for a term of four years, and one shall
be designated by the President, by and with the consent of the Senate,
to serve as Cie Chairman of the Board for a term of four years.".
(b) The amendment made by subsection (a) // 12 USC 242 // takes
effect on January 1, 1979, and applies to individuals who are designated
by the President on or after such date to serve as Chairman or Vice
Chairman of the Board of Governors of the Federal Reserve System.
Sec. 205. (a) Subsection 208 (a) of title 18, United States Code, is
amended by adding "a Federal Reserve bank director, officer, or
employee," immediately before "or of the District of Columbia."
(b) Subsection 208 (b) of title 18, United States Code, is amended by
adding the following new sentence at the end thereof: " In the case of
class A and B directors of Federal Reserve banks, the Board of Governors
of the Federal Reserve System shall be the Government official
responsible for appointment.".
Sec. 206. References in this title // 12 USC 226. // to paragraphs
of the Federal Reserve Act refer to the paragraphs as designated in the
compilation of the Federal Reserve Act as amended through 1974, compiled
under the direction of the Board of Governors of the Federal Reserve
System in its legal division.
Sec. 301. (a) Section 3 (a) of the Bank Holding Company Act of 1956
(12 U.S.C. 1842 (a)) is amended by inserting after the second sentence
the following new sentence: " The Board is authorized upon application
by a bank to extend, from time to time for not more than one year at a
time, the two-year period referred to above for disposing of any shares
acquired by a bank in the regular course of securing or collecting a
debt previously contracted in good faith, if, in the *BOARD'S judgment,
such an extension would not be detrimental to the public interest, but
no such extension shall in the aggregate exceed three years.".
(b) Section 2 (a) (5) (D) of such Act (12 U.S.C. 1841 (a) (5) (D)) is
amended by adding at the end thereof the following new sentence: " The
Board is authorized upon application by a company to extend, from time
to time for not more than one year at a time, the two-year period
referred to herein for idsposing of any shares acquired by a company in
the regular course of securing or collecting a debt previously
contracted in good faith, if, in the Board's judgment, such an extension
would not be detrimental to the public interest, but no such extenstion
shall in the aggregate exceed three years.".
(c) Section 4 (c) (2) of the Bank Holding Company Act of 1956, as
amended (12 U.S.C. 1843 (c) (2), is amended by striking out "shares
acquired by a bank in satisfaction of a debt previously contracted in
good faith, but such bank hall dispose of such shares within a period of
two years" and inserting in lieu thereof the following: "shares
acquired by a bank holding company or any of its subsidiaries in
satisfaction of a debt previously contracted in good faith, but such
shares shall be disposed of within a period of two years".
Sec. 302. Section 3 (b) of the Bank Holding Company Act of 1956 (12
U.S.C. 1842) is amended to read as follows:
"(b) Upon receiving from a company any application for approval under
this section, the Board shall give notice to the Comptroller of the
Currency, if the applicant company or any bank the voting shares or
assets of which are sought to be required is a national banking
association or a District bank, or to the appropriate supervisory
authority of the interested State, if the applicant company or any bank
the voting shares or assets of which are sought to be acquired is a
State bank, in order to provide for the submission of the views and
recommendations of the Comptroller of the Currency or the State
supervisory authority, as the case may be. The views and
recommendations shall be submitted within thirty calendar days of the
date on which notice is given, or within ten calendar days of such date
if the Board advises the Comptroller of the Currency or the State
supervisory authority that an emergency exists requiring expeditious
action. If the thirty day notice period applies and if the Comptroller
of the Currency or the State supervisory authority so notified by the
Board disapproves the application in writing within this period, the
Board shall forthwith give written notice of that fact to the applicant.
Within three days after giving such notice to the applicant, the Board
shall notify in writing the applicant and the disapproving authority of
the date for commencement of a hearing by it on such application. Any
such hearing shall be commenced nt less than ten nor more than thirty
days after the Board has given written notice to the applicant of the
action of the disapproving authority. The length of any such hearing
shall be determined by the Board, but it shall afford all interested
parties a reasonable opportunity to testify at such hearing. At the
conclusion thereof, the Board shall, by order, grant or deny the
application on the basis of the record made at such hearing. In the
event of the failure of the Board to act on any application for approval
under this section within the ninety-one-day period which begins on the
date of submission to the Board of the complete record on that
application, the application shall be deemed to have been granted.
Notwithstanding any other provision of this subsection, if the Board
finds that it must act immediately on any application for approval under
this section in order to prevent the probable failure of a bank or bank
holding company involved in a proposed acquisition, merger, or
consolidation transaction, the Board may dispense with the notice
requirements of this subsection, and if notice is given, the Board may
request that the views and recommendations of the Comptroller of the
Currency or the State supervisory authority, as the case may be, be
submitted immediately in any form or by any means acceptable to the
Board. If the Board has found pursuant to this subsection either that
an emergency exists requiring expeditious action or that it must act
immediately to prevent probable failure, the Board may grant or deny any
such application without a hearing notwithstanding any recommended
disapproval by tho appropriate supervisory authority.".
Sec. 303. Section 11 (b) of the Bank Holding Company Act of 1966 (12
USC 1849) // 12 USC 1842. // is amended to read as follows:
"(b) The Board shall immediately notify the Attorney General of any
approval by it pursuant to section 3 of a proposed acquisition, merger,
or consolidation transaction. If the Board has found that it must act
immediately in order to prevent the probable failure of a bank or bank
holding company involved in any such transaction, the transaction may be
consummated immediately upon approval by the Board. If the Board has
advised the Comptroller of the Currency or the State supervisory
authority, as the case may be, of the existence of an emergency
requiring expeditions action and has required the submission of views
and recommendations within ten days, the transaction may not be
consummated before the fifth calendar day after the date of approval by
the Board. In all other cases, the transaction may not be consummated
before the thirtieth calendar day after the date of approval by the
Board. Any action brought under the antitrust laws arising out of an
acquisition, merger, or consolidation transaction approved under section
3 shall be commenced prior to the earliest time under this subsection at
which the transaction approval under section 3 might be consummated.
The commencement of such an action shall stay the effectiveness of the
Board's approval unless the court shall otherwise specifically order.
In any such action, the court shall review de novo the issues presented.
In any judicial proceeding attacking any acquisition, merger, or
consolidation transaction approved pursuant to section 3 on the ground
that such transaction alone and of itself constituted a violation of any
antitrust laws other than section 2 of the Act of July 2, 1890 (section
2 of the Sherman Antitrust Act, 15 U. S.C. 2), the standards applied by
the court shall be identical with those that the Board is directed to
apply under section 3 of this Act. Upon the consummation of an
acquisition, merger, or consolidation transaction approved under section
3 in compliance with this Act and after the termination of any antitrust
litigation commenced within the period prescribed in this section, or
upon the termination of such period if no such litigation is commenced
therein, the transaction may not thereafter be attacked in any judicial
proceeding on the ground that it alone and of itself constituted a
violation of any antitrust laws other than section 2 of the Act of July
2, 1890 (section 2 of the Sherman Antitrust Act, 15 U.S.C. 2), but
nothing in this Act shall exempt any bank holding company involved in
such a transaction from complying with the antitrust laws after the
consummation of such transaction.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 774 (Comm. on Banking, Finance and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 31, considered and passed House.
Nov. 1, considered and passed Senate, amended.
Nov. 2, House concurred in Senate amendment.
PUBLIC LAW 95-187, 91 STAT. 1385
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1 Section 17 of the Urban Mass Transportation Act of 1964 //
49 USC 1613. // is amended--,
(1) by striking out "50 percent" in subsection (d) (4) and
inserting in lieu thereof "80 percent";
(2) by striking out "and" at the end of subsection (d) (3);
(3) by striking out the period at the end of subsection (d) (4)
and inserting in lieu thereof"; and";
(4) by inserting the following new paragraph after subsection
(d) (4):
"(5) 50 percent for the 24-month period succeeding the period
specified in subparagraph (4) of this subsection.";
(5) by striking out the last sentence of subsection (:); and
(6) by striking out "$125,000,000" in the first sentence of
subsection (f) and inserting in lieu thereof "$185,000,000" and by
amending the second sentence of such subsection to read as
follows: " There are authorized to be appropriated for
liquidation of the obligations incurred under this section not to
exceed $40,000,000 by September 30, 1976, $95,000,000 by September
30, 1977, $125,000,000 by September 3/, 1978, $155,000,000 by
September 30, 1979, and $185,000,000 by September 30, 1980.".
Sec. 2. The Urban Mass Transportation Act of 1964 // 49 USC 1614.
// by adding at the end thereof the following new section:
" Sec. 18. (a) The Secretary shall provide financial assistance
annually for the purpose of reimbursing States, local public bodies and
agencies thereof for the cost of financially supporting or operating
rail passenger service provided by railroads designated as class i.
"(b) Financial assistance under subsection (a) of this section shall
not be available to support (1) intercity rail passenger service
provided pursuant to an agreement with the National Railroad Passenger
Corporation under section 403 (b) (2) of the Rail Passenger Service Act
of 1970, as amended (45 U.S.C. 562 (b)); and (2) rail passenger service
required by section 304 (e) (4) of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 744 (e)).
"(c) The Secretary shall distribute financial assistance authorized
by subsection (a) pro rata on the basis of the passenger-miles
attributable to each eligible rail passenger service, except that (1)
for the purposes of such apportionment in no case shall any State, local
public body or agency thereof supporting or operating rail passenger
service eligible for assistance under this section be credited with more
than 30 per centum of the total passenger miles eligible for such
assistance for the calendar year ending immediately prior to the
commencement of the Federal fiscal year for which the distribution is
made, and (2) no Federal grant for the payment of subsidies for
operating expenses shall exceed 50 per centum of the total operating
losses of such service.
"(d) Financial assistance authorized by subsection (a) may be applied
to the payment of operating expenses or programs to correct deferred
maintenance within the meaning of section 304 (e) (5) (C) of the
Regional Rail Reorganization Act of 197o (45 U.S.C. 744 (e)), but in no
case may it exceed the total of the amounts applied by the grantee from
its own funds to the payment of operating expenses and programs to
correct deferred maintenance for the same fiscal period.
"(e) Financial assistance provided pursuant to subsection (a) of this
section shall be subject to such terms, conditions, requirements, and
provisions as the Secretary may deem necessary and appropriate.
"(f) To finance assistance under this section, the Secretary may
incur obligations on behalf of the United States in the form of grants,
contract agreements, or otherwise, in such amounts as are provided in
appropriations Acts, in an aggregate not to exceed $20,000,000. There
are authorized to be appropriated for liquidation of the obligations
incurred under this section not to exceed $20,000,000 by September 30,
1979, such sum to remain available until expended.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 732 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 25, considered and passed House.
Nov. 2, considered and passed Senate, amended.
Nov. 3, House agreed to Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 47:
Nov. 16, Presidential statement.
PUBLIC LAW 95-186, 91 STAT. 1384
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
rescissions of budget authority proposed in the message of the President
of July 19, 1977 (H. Doc. 95 - 188), are made pursuant to the
Impoundment Control Act of 1974 // 31 USC 1301 // namely:
CHAPTER I
Of the funds appropriated under this head in the Foreign Assistance
and Related Programs Appropriatons Act, 1977, // 90 Stat. 1465. //
$21,090,000 are rescinded.
CHAPTER II
General Services Administration
Of the funds appropriated under this head in the Supplemental
Appropriations Act, 1977 $75,000,000 are rescinded.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 625 (Comm. on Appropriations).
SENATE REPORT No. 95 - 563 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Sept. 2., considered and passed House.
Nov. 1, considered and passed Senate.
PUBLIC LAW 95-185, 91 STAT. 1383
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 441 of the
District of Columbia Self-Government and Governmental Reorganization Act
(D.C. Code sec. 47-101) as amended by Public Law 93 - 395 (88 Stat.
793) is further amended by adding at the end thereof: " However, the
fiscal year for the Armory Board shall begin on the first day of January
and shall end on the thirty-first day of December of each calendar
year.".
Sec. 2. Section 10 of the Act " To establish a District of Columbia
Armory Board and for other purposes", approved June 4, 1948 (D.C. Code,
sec. 2-1710), is amended by striking out " January" and inserting in
lieu thereof " July".
Sec. 3. Section 10 of the District of Columbia Stadium Act of 1957,
approved September 7, 1957 (D.C. Code, sec. 2-1728), is amended by
striking out " January" and inserting in lieu thereof " July".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 751 (Comm. on the District of Columbia).
SENATE REPORT No. 95 - 225 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May. 26, considered and passed Senate.
Nov. 2, considered and passed House.
PUBLIC LAW 95-184, 91 STAT. 1381, DEPARTMENT OF DEFENSE SUPPLEMENTAL
APPROPRIATION AUTHORIZATION ACT, 1978.
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 " Department of Defense Supplemental Appropriation
Authorization Act, 1978."
Sec. 101. In addition to the funds authorized to be appropriated
under title i of the Department of Defense Appropriation Authorization
Act, 1978, funds are hereby authorized to be appropriated during fiscal
year 1978 for the use of the Navy and the Air Force for procurement of
aircraft and missiles, as authorized by law, in amounts as follows:
(1) For aircraft: for the Navy, $73,900,000; for the Air
Force, $33,000,000.
(2) For missiles: for the Air Force, $64,000,000.
Sec. 201. In addition to the funds authorized to be appropriated
under title ii of the Department of Defense Appropriation Authorization
Act, 1978, funds are hereby authorized to be appropriated during fiscal
year 1978 for the use of the Air Force and the Defense agencies for
research, development, test, and evaluation, as authorized by law, in
amounts as follows:
(1) For the Air Force, $290,500,000, of which $15,000,000 is
authorized for the study of wide-bodied aircraft as strategic
cruise missile carriers.
(2) For the Defense agencies, $15,000,000.
Sec. 202. (a) Section 202 (a) (2) of the Department of Defense
Appropriation Authorization Act, 1978 (Public Law 95 - 79), is amended
by striking out "before January 1, 1980" and inserting in lieu thereof
"not later than July 1, 1981."
(b) The amendment made by subsection (a) shall take effect October 1,
1977.
Sec. 203. In authorizing funds under this Act, // 10 USC 2203 //
Congress asserts its readiness to consider, in accordance with the
processes set forth in the Congressional Budget and Impoundment Control
Act of 1974 // 31 USC 1301 // and the Budget and Accounting Act, 1921 //
31 USC 1. // such modifications in the United States cruise missile
programs as the President may recommend to facilitate either negotiation
or agreement in arms limitation or reduction talks.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 614 accompanying H.R. 8390 (Comm. on Armed
Services),
and No. 95 - 777 (Comm. of Conference).
SENATE REPORT No. 95 - 455 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 7, considered and passed Senate.
Oct. 12, considered and passed House, amended, in lieu of H.R.
8390
Oct. 2, House agreed to conference report.
Oct. 3, Senate agreed to conference report.
PUBLIC LAW 95-183, 91 STAT. 1375, ENERGY RESEARCH AND DEVELOPMENT ACT
of 1977 and 1978-MILITARY APPLICATIONS
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 " Energy Research and Development Administration
Authorization Act of 1977 and 1978--Military Applications".
Sec. 101. Funds heretofore appropriated by Public Law 94 - 355 (90
Stat. 889) for the national security programs of the Energy Research and
Development Administration for operating expenses and for plant and
capital equipment, including construction, acquisition, or modification
of facilities (including land acquisition), and for acquisition and
fabrication of capital equipment not related to construction, are hereby
authorized to be appropriated.
Sec. 201. Funds are hereby authorized to be appropriated to the
Energy Research and Development Administration for fiscal year 1978 for
operating expenses, incurred in carrying out national security programs,
as follows:
(1) For weapons activities, $1,181,000,000.
(2) For special materials production, $416,400,000.
(3) For laser fusion, $116,200,000.
(4) For naval reactor development, $211,700,000.
(5) For program management and support, $40,800,000.
Sec. 202. Funds are hereby authorized to be appropriated to the
Energy Research and Development Administration for fiscal year 1978 for
plant and capital equipment, including planning, construction,
acquisition, or modification of facilities (including land acquisition),
and for acquisition and fabrication of capital equipment not related to
construction, necessary for national security programs, as follows:
(1) For laser fusion: Project 78-4-a, high energy laser
facility (NOVA), Lawrence Livermore Laboratory, California,
$8,000,000.
(2) For weapons activities:
Project 78-16-a, cruise missile production facilities, various
locations, $18,100.000.
Project 78-16-b, full fuzing option (FUFO) bomb production
facilities, various locations, $43,000,000.
Project 78-16-c, high explosive flash radiography facility,
Lawrence Livermore Laboratory, California, $5,000,000.
Project 78-16-d, weapons safeguards, various locations,
$17,000,000.
Project 78-16-e, new weapons production installations, various
locations, $2,000,000.
Project 78-16-f, replace 10-inch water main, Bendix Plant,
Kansas City, Missouri, $2,000,000.
Project 78-16-g, radioactive liquid waste improvement, Los
Alamos Scientific Laboratory, New Mexico (A-E only), $600,000.
Project 78-16-h, Tonopah Test Range upgrade, Sandia
Laboratories, Albuquerque, New Mexico, $4,000,000.
Project 78-16-i, laboratory support complex, Los Alamos
Scientific Laboratory, New Mexico (A-E only), $2,000,000.
Project 78-17-a, production component warehouse, Pantex Plant,
Amarillo, Texas (A-E only), $250,000.
Project 78-17-b, surface water control system, Rocky Flats
Plant, Colorado, $2,800,000.
Project 78-17-c, core facilities office building, utilities and
roads, Lawrence Livermore Laboratory, California (A-E
only), $1,300,000.
Project 78-17-d, steam plant improvements, Y-12 Plant, Oak
Ridge, Tennessee (A-E and long lead procurement only), $3,000,000.
Project 78-17-e, high explosive machining facility, Pantex
Plant, Amarillo, Texas, $5,000,000.
(3) For special materials production:
Project 78-18-a, high level waste storage and waste management
facilities, Richland, Washington, $18,000,000.
Project 78-18-b, high level waste storage facilities, Savannah
River, South Carolina, $42,000,000.
Project 78-18-c, fifth set of calcined solids storage bins,
Idaho Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $12,500,000.
Project 78-18-d, new hydrofractur facility, Oak Ridge National
Laboratory, Oak Ridge, Tennessee, $5,400,000.
Project 78-18-e, environmental, safety and security
improvements to waste management and materials processing
facilities, Richland, Washington, $15,500,000.
Project 78-18-f, powerhouse emission control improvements,
Richland, Washington, $6,500,000.
Project 78-18-g, fanhouse and increased fan capacity, H
chemical separations area, Savannah River, South Carolina,
$3,400,000.
Project 78-18-h, plantwide fire protection, Savannah River,
South Carolina, $6,300,000.
Project 78-18-i, improved emergency coolant supply in reactor
areas, Savannah River, South Carolina, $3,500,000.
Project 78-18-j, N-reactor environmental improvements,
Richland, Washington, $m,500,000.
(4) For project 78-21, General Plant Projects--,
(A) for weapons activities, $24,000,000
(B) for special materials production, $12,000,000, and
(C) for naval reactor development, $2,800,000.
(5) For project 78-22, construction planning and design,
$5,000,000.
(6) For capital equipment not related to construction--,
Sec. 203. Funds are hereby authorized to be appropriated to the
Energy Research and Development Administration for fiscal year 1978, for
projects previously authorized, as follows:
(1) For project 71-9, fire, safety, and adequacy of operating
conditions projects, various locations, $40,000,000, for a total
authorization of $280,000,000.
(2) For project 75-1-c, new waste calcining facility, Idaho
Chemical Processing Plant, National Reactor Testing Station,
Idaho, $28,500,000, for a total authorization of $65,000,000.
(3) For project 75-3-b, high energy laser facility, Los Alamos
Scientific Laboratory, New Mexico, $31,900,000, for a total
authorization of $54,500,000.
(4) For project 77-3-a, electron beam fusion facilities, Sandia
Laboratories, Albuquerque, New Mexico, $4,400,000, for a total
authorization of $13,500,000.
(5) For project 77-11-a, safeguards and research and
development laboratory facility, Sandia Laboratories, Albuquerque,
New Mexico, $4,300,000, for a total authorization of $8,300,000.
(6) For project 77-11-b, safeguards and site security
improvements, various locations, $7,800,000, for a total
authorization of $13,500,000.
(7) For project 77-11-c, 8-inch artillery fired atomic
projectile production facilities, various locations, $12,600,000,
for a total authorization of $22,600,000.
(8) For project 77-13-a, fluorinel dissolution process and fuel
receiving improvements, Idaho Chemical Processing Plant, Idaho
National Engineering Laboratory, Idaho (A-E and long-lead
procurement), $5,000,000, for a total authorization of $5,000,000,
for a total authorization of $15,000,000.
(9) For project 77-13-d, high level waste storage and waste
management facilities, Savannah River, South Carolina,
$31,000,000, for a total authorization of $56,000,000.
(10) For project 77-13-e, high level waste storage and handling
facilities, Richland, Washington, $22,000,000, for a total
authorization of $40,000,000.
(11) For project 77-13-f, waste isolation pilot plant (A-E,
land acquisition, and long-lead procurement), Delaware Basin,
southeast New Mexico, $22,000,000, for a total authorization of
$28,000,000.
(12) For project 77-13-g, safeguards and security upgrading
production facilities, multiple sites, $8,700,000, for a total
authorization of $16,400,000.
Sec. 301. Except as otherwise provided in this Act--,
(1) no amount appropriated pursuant to this Act may be used for
any program in excess of the amount actually authorized for that
particular program by this Act, and
(2) no amount appropriated pursuant to this Act may be used for
any program which has not been presented to, or requested of, the
Congress,
unless a period of thirty calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) has passed after the
receipt by the Committee on Armed Services and on Appropriations of the
House of Representatives and the Senate of notice given by the
Administrator of Energy Research and Development (hereinafter in this
title referred to as the " Administrator") containing a full and
complete statement of the action proposed to be taken and the facts and
circumstances relied upon in support of such proposed action, or unless
each such committee before the expiration of such period has transmitted
to the Administrator written notice to the effect that such committee
has no objection to the proposed action.
Sec. 302. (a) No project for which appropriations are authorized in
section 202 (1), (2), or (3) may be started if the current estimated
cost of such project exceeds by more than 25 percent the amount
authorized for such project.
(b) At any time the current estimated cost of any such project under
construction exceeds by more than 25 percent the total amount authorized
by law for such project, the Administrator shall (1) promptly notify the
appropriate committees of the Congress of such fact and include in the
notification an explanation for the increased cost of the project and
the revised current estimated cost figures for such project, and (2) not
proceed with such project unless and until additional funds for such
project are authorized by law.
(c) The provisions of this section shall not apply to any project
which has a current estimated cost of less than $5,000,000.
Sec. 303. The Administrator is authorized to start any project set
forth under section 202 (4) only if--,
(1) the then maximum currently estimated cost of such project
does not exceed $750,000 and the then maximum currently estimated
cost of any building included in such project does not exceed
$300,000, except that the building cost limitation may be exceeded
if the Administrator determines that it is necessary to do so in
the interest of efficiency and economy; and
(2) the total cost of all projects undertaken under such
section does not exceed the estimated cost set forth in such
section by more than 25 percent.
Sec. 304. Subject to the applicable requirements and limitations of
this Act and to the extent specified in appropriation Acts, amounts
appropriated to the Energy Research and Development Administration
pursuant to this Act for operating expenses or for plant and capital
equipment may be merged with any other amounts appropriated for
operating expenses or for plant and capital equipment, respectively,
pursuant to any other Act authorizing appropriations for the Energy
Research and Development Administration.
Sec. 305. To the extent specified in appropriation Act, amounts
appropriated pursuant to this Act for operating expenses or plant and
capital equipment may remain available until expended.
Sec. 306. Subject to the provisions of section 301 (2), amounts
appropriated pursuant to this Act for activities under sections 202 (4)
and 202 (5) are available for use, when necessary, in connection with
all national security programs of the Energy Research and Development
Administration.
Sec. 307. The Administrator is authorized to perform construction
design services for any construction project of the Energy Research and
Development Administration in support of national security programs in
amounts not in excess of the amount specified in section 202 (5).
Sec. 308. To the extent specified in appropriation Acts, any moneys
received by the Energy Research and Development Administration (except
sums received from disposal of property under the Atomic Energy
Community Act of 1955 (42 U.S.C. 2301) and the Strategic and Critcal
Materials Stock Piling Act (50 U.S.C. 98) and fees received for tests or
investigations under the Act of May 16, 1910 (30 U.S.C. 7)), may be
retained and used for operating expenses, notwithstanding the provisions
of section 3617 of the Revised Statutes (31 U.S.C. 484), and may remain
available until expended.
Sec. 309. To the extent specified in appropriation Acts, funds
appropriated to the Energy Research and Development Administration for
operating expenses may be transferred to other agencies of the
Government for the performance of work for which such funds were
appropriated, and funds so transferred may be merged with the
appropriations of the agency to which transferred.
Sec. 310. All references in this Act to the Energy Research and
Development Administration and the Administrator of Energy Research and
Development shall be deemed to be references to the Department of Energy
and the Secretary of Energy, respectively.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 272, pt. 1 (Comm. on Armed Services) and No.
95 - 272, pt. and No. 95 - 272, pt. 2 (Comm. on Science and Technology)
both accompanying H.R. 6566 and No. 95 - 775 (Comm. on Conferance).
SENATE REPORT No. 95 - 212 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May. 23, considered and passed Senate.
Sept. 13, 28, H.R. 6566 considered in House.
Sept. 29, considered and passed House, amended, in lieu of H.
R. 6566.
Nov. 2, House agreed to conference report.
Nov. 3, Senate agreed to conference report.
PUBLIC LAW 95-182, 91 STAT. 1374
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Architect of
the Capitol, under the direction of the House Office Building
Commission, is authorized after the date of enactment of this Act to
furnish chilled water for airconditioning from the Capitol Power Plant
to the Folger Shakespeare Library. Such chilled water shall be
furnished only on condition (1) that the United States be paid for such
chilled water at rates, not less than cost, determined by the Architect
of the Capitol with the approval of the House Office Building
Commission, and (2) that such building is connected with the Capitol
Power Plant chilled water lines without cost to the United States and in
a manner satisfactory to the Architect of the Capitol and the House
Office Building Commission. Any amounts received in payment for chilled
water so furnished shall be covered into the Treasury of the United
States as miscellaneous receipts.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 797 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Nov. 3, considered and passed House and Senate.
PUBLIC LAW 95-181, 91 STAT. 1373
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress Assembled, That section 504(a) of
the Federal Crop Insurance Act, as amended, is amended to read as
follows:
"sec. 504. (a) The Corporation shall have a capital stock of
00,000,000 subscribe by the United States of America, payment for which
shall, with the approval of the Secretary of agriculture, be subject to
call in whole or in part by the Board of Directors of the Corporation.".
Sec. 2. // 7 USC 1508 // The Secretary of Agriculture shall
undertake an immediate study of alternative programs which could be
established for an all-risk, all-crop insurance to help provide
protection to those suffering crop losses in floods, droughts, and other
natural disasters, including alternative methods of administration,
Federal assistance, reinsurance, rate setting and private insurance
industry involvement, as well as variations on the existing crop
insurance program, and such other matters as he determines are relevant,
and shall report his findings and recommendations to the president for
transmission to the Congress by March 1, 1978. The Secretary shall
consult with the Secretary of Housing and Urban Development on behalf of
the Federal Insurance Administration; the Secretary of Treasury and
representatives of the private insurance industry in the course of the
stud and shall identify the views of each in forwading his findings and
recomendations to the President. Such sums, not exceeding $200,000, as
are apropriated for fiscal year 1978 under secton 504 of the Federal
Crop Insurance Act, as amended, may be utilized to conduct such a study.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 772 (Comm. on Agriculture).
SENATE REPORT No 95 - 553 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol 123 (1977):
Nov. 1, considered and passed House.
Nov. 3, considered and passed Senate
PUBLIC LAW 95-180, 91 STAT. 1372
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subsection (b)
of section 1201 of the Higher Education Act of 1965 // 20 USC 1141. //
is amended to read as follows:
"(b) The term " State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Columbia,
Guam, American Samoa, the Virgin Islands, the government of the Northern
Mariana Islands, and the Trust Territory of the Pacific Islands.".
(b) Subsection (a) of section 491 of the Higher Education Act of 1965
// 20 USC 1088. // is amended by striking out "includes the Trust
Territory of the Pacific Islands" and inserting in lieu thereof "has the
meaning set forth in section 1201 (b)."
(c) Sections 602 (a) (2), 1001 (b) (2), and 1012 (a) of the Higher
Education Act of 1965 are each amended by inserting", the government of
the Northern Mariana Islands, the Trust Territory of the Pacific
Islands" after " American Samoa."
(d) Nothing in this Act, // 20 USC 1141. // the Higher Education Act
of 1965, or any other provision of law shall invalidate any payments or
other benefits provided under the Higher Education Act of 1965 to an
agency or institution in the Trust Territory of the Pacific Islands or
to the government of the Northern Mariana Islands prior to the enactment
of this Act.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 18, considered and passed House.
Nov. 2, considered and passed Senate.
PUBLIC LAW 95-179, 91 STAT. 1371
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That chapter 3 of title
3 of the United Stats Code // 3 USC 202 - 204, 206, 207. 3 USC 202. //
is amended by striking out " Executive Protective Service" each place it
appears in such chapter and inserting in lieu thereof at each such place
the following: " United States Secret Service Uniformed Division". Any
reference in any other law or in any regulation, document, record, or
other paper of the United States to the Executive Protective Service
shall be held to a reference to the United States Secret Service
Uniformed Division.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 737 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Nov. 1, considered and passed House.
Nov. 3, considered and passed Senate.
PUBLIC LAW 95-178, 91 STAT. 1369
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 16 (b) of
the Act of December 18, 1971 (85 Stat. 688, 705), as amended (43 U.S.C.
1615), is further amended by deleting the last sentence thereof.
Sec. 2. Section 14 (h) (8) of the Act of December 18, 1971 (85 Stat.
688, 705), is amended by designating the existing paragraph as
paragraph "(A)" and adding the following new paragraph (B):
"(B) Such allocation as the Regional Corporation for southeastern
Alaska shall receive under this paragraph shall be selected and conveyed
from lands that were withdrawn by subsections 16 (a) and 16 (d) and not
selected by the Village Corporations in southeastern Alaska; except
lands on Admiralty Island in the Angoon withdrawal area and, without the
consent of the Governor of the State of Alaska or his delegate, lands in
the Saxman and Yakutat withdrawal areas are not awvailable for selection
or conveyance under this paragraph.".
Sec. 3. (a) Subsection (b) of section 12 of the Act of January 2,
1976 (Public Law 94 - 204), as amended by the Act of October 4,1976
(Public Law 94 - 456), // 43 USC 1611 note. // is hereby amended to add
at the end thereof the following new paragraphs:
Any provision of law to the contrary notwithstanding, if the
Region, the Secretary, and/or the Administrator of General
Services do not complete the nomination of lands referred to in
subparagraphs (5) and (6) of this subsection by the dates set in
subparagraphs i (C) (1) (b) and i (C) (2) (a) of the document
referred to in this subsection, then, and in that event, these
dates shall hereby automatically be extended by operation of this
subsection for eighteen months. If these dates are hereby
extended, the Secretary shall report to Congress at least thirty
days prior to the occurrence of each such date as extended
concerning the need for further remedial legislation.
Any provision of law to the contrary notwithstanding, the
United States shall accept upon tender the State Deed of Title,
including the State's legal descriptions, for lands to be
reconveyed to the Cook Inlet Region, Incorporated, pursuant to
subsection (a) (1) of this section without requiring further
survey prior to acceptance. Unless the boundaries of such lands
have been specifically identified in a survey approved by the
State or Federal Government, such lands shall be described by a
metes and bounds description, or by aliquot parts of the Federal
rectangular survey system, based wherever possible upon the
Federal surveys initially performed to effect transfer and patent
of said lands to the State of Alaska. Upon acceptance of a State
Deed of Title said lands are hereby withdrawn from entry under the
public land laws. Within sixty days the Secretary shall, without
adjudication, issue conveyance to said lands of the interests
conveyed by the State subject to any lawful reservations of rights
or conditions contained in such State conveyance, as provided in
the Terms and Conditions document, to Cook Inlet Region,
Incorporated, with patent to issue thereafter immediately
following approval of survey. The Secretary is authorized hereby
to identify and reserve within two years after initial conveyance
any easement he could have lawfully reserved prior to conveyance,
and to issue immediately thereafter a revised conveyance
reflecting such reservation, subject to the agreement of January
18, 1977, between the Secretary of the Interior, Cook Inlet
Region, Incorporated, and certain of the villages contained
therein. The Secretary may initiate such easement identification
and reservation procedure before the tender of the State Deed of
Title, but initiation of such procedure shall not affect the
timely issuance of conveyance by the Secretary as provided hereby.
(b) If any provision of this Act or the applicability thereof is held
invalid, the validity of the remainder of this Act, of section 12 of the
Act of January 2, 1976 (Public Law 94 - 204), // 43 USC 1611 // as
amended, of the document referred to in section 12 (b) thereof, and the
duties and obligations of the Secretary of the Interior, the State of
Alaska, and Cook Inlet Region, Incorporated, with respect thereto, shall
not be affected thereby.
Sec. 4. The Alaska Native Claims Settlement Act (85 Stat. 688), as
amended (43 U.S.C. 1601), is further amended by adding a new section at
the end thereof:
" Sec. 31. (a) Notwithstanding the provision of section 3477 of the
Revised Statutes, as amended (31 U.S.C. 203), the Secretary is
authorized to recognize validly executed assignments made by Regional
Corporations of their rights to receive payments from the Alaska Native
Fund. Such assignments shall only be recognized to the extent that the
Regional Corporation involved is not required to distribute funds
pursuant to subsection (j) or (m) of section 7 of this Act. // 43 USC
1606. //
"(b) The Secretary shall not recognize any assignment under this
section which does not provide that the United States reserves the right
to assert against the assignee and successors of the assignee, any
setoff or counterclaim which the United States has against the assignor
Corporation.
"(c) No stockholder of any Regional or Village Corporation shall have
any claim against the Secretary or the United States as the result of
any assignment duly recognized by the Secretary pursuant to this
section.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 712 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 31, considered and passed House.
Nov. 1, considered and passed Senate, amended.
Nov. 3, House concurred in Senate amendments.
PUBLIC LAW 95-177, 91 STAT. 1368
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection 510 (i)
of the Merchant Marine Act, 1936 (46 U.S.C. 1160 (i)) is hereby amended
to read as follows:
"(i) The Secretary of Commerce is authorized to acquire mariner class
vessels constructed under title VII of this Act // 46 USC 1191. // and
Public Law 911, Eighty-first Congress, // 64 Stat. 1225. // and other
suitable vessels, constructed in the United States, which have never
been under foreign documentation, in exchange for obsolete vessels in
the National Defense Reserve Fleet. For purposes of this subsection,
the trade in and trade out vessels shall be valued at the higher of
their scrap value in domestic or foreign markets as of the date of the
exchange: Provided, That in any exchange transactions, the value
assigned to the traded-in and traded-out vessels will be determined on
the same basis. The value of the traded-out vessels shall be as nearly
as possible equal to the value of the traded-in vessel plus the fair
value of the cost of towing the traded-out vessel to the place of
scrapping. To the extent the value of the traded-out vessel exceeds the
value of the traded-in vessel plus the fair value of the cost of towing,
the owner of the traded-in vessel shall pay the excess to the Secretary
of Commerce in cash at the time of exchange. This excess shall be
deposited into the Vessel Operations Revolving Fund and all costs
incident to the lay-up of the vessels acquired under this Act may be
paid from balances in the Fund. No payments shall be made by the
Secretary of Commerce to the owner of any traded-in vessel in connection
with any exchange under this subsection. // 46 USC 808, 835. //
Notwithstanding the provisions of sections 9 and 37 of the Shipping Act,
1916, vessels traded out under this subsection may be scrapped in
approved foreign markets. The provision of this subsection (i) as it
read prior to the 1975 amendment shall govern all transactions made
thereunder prior to that amendment.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 727 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 25, considered and passed House.
Nov. 1, considered and passed Senate.
PUBLIC LAW 95-176, 91 STAT. 1363
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5062 (b) of
the Internal Revenue Code of 1954 // 26 USC 5062. // is amended to read
as follows:
"(b) Drawback.--On the exportation of distilled spirits or wines
manufactured, produced, bottled, or packaged in casks or other bulk
containers in the United States on which an internal revenue tax has
been paid or determined, and which are contained in any cask or other
bulk container, or in bottles packed in cases or other containers, there
shall be allowed, under regulations prescribed by the Secretary, a
drawback equal in amount to the tax found to have been paid or
determined on such distilled spirits or wines. In the case of distilled
spirits, the preceding sentence shall not apply unless the claim for
drawback is filed by the bottler or packager of the spirits and unless
such spirits have been stamped or restamped, and marked, especially for
export, under regulations prescribed by the Secretary. The Secretary is
authorized to prescribe regulations governing the determination and
payment or crediting of drawback of internal revenue tax on spirits and
wines eligible for drawback under this subsection, including the
requirements of such notices, bonds, bills of lading, and other evidence
indicating payment or determination of tax and exportation as shall be
deemed necessary."
Sec. 2. (a) Section 5215 of the Internal Revenue Code of 1954 // 26
USC 5215. // is amended to read as follows:
" Sec. 5215. RETURN OF TAX DETERMINED DISTILLED SPIRITS TO BONDED
PREMISES.
"(a) General.--On such application and under such regulations as the
Secretary may prescribe, distilled spirits withdrawn from bonded
premises on payment or determination of tax (other than products to
which any alcoholic ingredients other than such distilled spirits have
been added) may be returned to the bonded premises of a distilled
spirits plant. Such returned distilled spirits shall be destroyed,
denatured, or redistilled, or shall be mingled as authorized in section
5234 (a) (1) // 26 USC 5234. // (other than subparagraph (C) thereof).
"(b) Distilled Spirits Returned to Bonded Premises for Storage
Pending Exportation.--On such application and under such conditions as
the Secretary may by regulations prescribe,distilled spirits which would
be eligible for allowance of drawback under section 5062 (b) on
exportation, may be returned by the bottler or packager of such
distilled spirits to an export storage facility on the bonded premises
of the distilled spirits plant where bottled or packaged, solely for the
purpose of storage pending withdrawal without payment of tax under
section 5214 (a) (4), (7), (8), or (9), or free of tax under section
7510. // 26 USC 7510. //
"(c) Distilled Spirits Stamped and Labeled as Bottled in Bond.--On
such application and under such regulations as the Secretary may
prescribe, a proprietor of bonded premises who has bottled distilled
spirits under section 5178 (a) (4) (A) (ii), // 26 USC 5178. // which
are stamped and labeled as bottled in bond for domestic consumption, may
return cases of such bottled distilled spirits to appropriate storage
facilities on the bonded premises of the distilled spirits plant where
bottled for storage pending withdrawal for any purpose for which
distilled spirits bottled under section 5178 (a) (4) (A) (i) may be
withdrawn from bonded premises.
"(d) Applicability of Chapter to Distilled Spirits Returned to Bonded
Premises.--Except as otherwise provided in this section, all provisions
of this chapter applicable to distilled spirits in bond shall be
applicable to distilled spirits returned to bonded premises under the
provisions of this section on such return.
"(e) Cross References.--,
"(1) For provisions relating to the remission, abatement,
credit, or refund of tax on distilled spirits returned to bonded
premises under this section, see section 5008 (d).
"(2) For provisions relating to the establishment of an export
storage facility on the bonded premises of a distilled spirits
plant, see section 5178 (a) (3) (D)."
(b) Section 5178 (a) (3) of such Code // 26 USC 5178. // is amended
by adding at the end thereof the following new subparagraph:
"(D) A proprietor who has established facilities for the
storage on bonded premises of distilled spirits under subparagraph
(C) may establish a portion of such premises as an export storage
facility for the storage of distilled spirits returned to bonded
premises under section 5215 (b)."
(c) Section 5205 (c) (2) of such Code // 26 USC 5205 // is amended by
adding at the end thereof the following new sentence: " This paragraph
shall also apply to every container of distilled spirits returned to the
bonded premises under the provisions of section 5215 (b).".
(d) The heading and the first sentence of paragraph (1) of section
5066 (a) of such Code // 26 USC 5066 // are amended to read as follows:
"(1) BOTTLED DISTILLED SPIRITS WITHDRAWN FROM BONDED
PREMISES.--, Under such regulations as the Secretary may
prescribe, distilled spirits bottled in bond for export under the
provisions of section 5233,
// 26 USC 5233. //
or bottled distilled spirits returned to bonded premises under
section 5215 (b), may be withdrawn from bonded premises as
provided in section 5214 (a) (4)
// 26 USC 5214. //
for transfer to customs bonded warehouses in which imported
distilled spirits are permitted to be stored in bond for entry
therein pending withdrawal therefrom as provided in subsection
(b)."
(e) Section 5207 (a) of such Code // 26 USC 5207. // is amended--,
(1) by striking out "and at the end of paragraph (9),
(2) by redesignating present paragraph (10) as (11), and
(3) by inserting after paragraph (9) the following new
paragraph:
"(10) the kind and quantity of distilled spirits returned to
bonded premises, and."
(f) Section 500, (d) of such Code // 26 USC 5008. // is amended to
read as follows:
"(d) Distilled Spirits Returned to Bonded Premises.--,
"(1) General.--Whenever any distilled spirits withdrawn from
bonded premises on payment or determination of tax are returned to
the bonded premises of a distilled spirits plant under section
5215 (a), the Secretary shall abate, remit, or (without interest)
credit or refund the tax imposed under section 5001(a) (1)
// 26 USC 5001. // (or the tax equal to such tax imposed under section
7652) // 26 USC 7652. // on the
spirits so returned.
"(2) DISTILLED SPIRITS RETURNED TO BONDED PREMISES FOR STORAGE
PENDING EXPORTATION.-- Whenever any distilled spirits are returned
under section 5215 (b) to the bonded premises of a distilled
spirits plant, the Secretary shall (without interest) credit or
refund the internal revenue tax found to have been paid or
determined with respect to such distilled spirits. Such amount of
tax shall be the same amount which would be allowed as a drawback
under section 5062 (b) on the exportation of such distilled
spirits.
"(3) DISTILLED SPIRITS STAMPED AND LABELED AS BOTTLED IN BOND.
Whenever any distilled spirits are returned under section 5215 (c)
to the bonded premises of a distilled spirits plant, the Secretary
shall (without interest) credit or refund the tax imposed under
section 5001 (a) (1)
// 26 USC 5001. //
on the spirits so returned
"(4) Limitation.--No allowance under paragraph (1), (2), or (3)
shall be made unless a claim is filed under such regulations as
the Secretary may prescribe, by the proprietor of the distilled
spirits plant to which the distilled spirits are returned within 6
months of the date of return."
Sec. 3. (a) Section 5214 (a) (9) of the Internal Revenue Code of
1954 // 26 USC 5214. // is amended to read as follows:
"(9) without payment of tax, in the case of distilled spirits
bottled in bond for export under section 5233
// 26 USC 5233. //
or distilled spirits returned to bonded premises under section
5215 (b), for transfer (for the purpose of storage pending
exportation) to any customs bonded warehouse from which distilled
spirits may be exported, and distilled spirits transferred to a
customs bonded warehouse under this paragraph shall be entered,
stored, and accounted for under such regulations and bonds as the
Secretary may prescribe; or".
(b) Section 5175 (a) of such Code // 26 USC 5175. // is amended to
read as follows:
"(a) Requirements.--No distilled spirits shall be withdrawn from
bonded premises for exportation, or for transfer to a customs bonded
warehouse for storage therein pending exportation, without payment of
tax unless the exporter has furnished bond to cover such withdrawal
under such regulatios and conditions, and in such form and penal sum, as
the Secretary may prescribe."
(c) Section 5003 of such Code // 26 USC 5003. // is amended by
striking out "manufacturing" in paragraph (9) and inserting before the
period at the end of paragraph (9) "and section 5214 (a) (9)".
(d) Section 5214 (b) of such Code is amended by adding at the end
thereof the following new paragraph:
"(7) For provisions relating to distilled spirits for use of
foreign embassies, legations, etc., see section 5066."
Sec. 4. (a) Section 5214 (a) of the Internal Revenue Code of 1954 is
amended by adding at the end thereof the following new paragraph:
"(10) without payment of tax by a proprietor of bonded premises
for use in research, development, or testing (other than consumer
testing or other market analysis) of processes, systems,
materials, or equipment, relating to distilled spirits or
distillery operations, under such limitations and conditions as to
quantities, use, and accountability as the Secretary may by
regulations require for the protection of the revenue."
(b) Section 5005 (e) (2) of such Code // 26 USC 5005. // is amended
to read as follows:
"(2) RELIEF FROM LIABILITY.-- All persons liable for the tax on
distilled spirits under paragraph (1) of this subsection, or under
subsection (a) or (b), or under any similar prior provisions of
internal revenue law, shall be relieved of any such liability at
the time, as the case may be, the distilled spirits are exported,
deposited in a foreign-trade zone, used in the production of wine,
deposited in customs bonded warehouses, laden as supplies upon, or
used in the maintenance or repair of, certain vessels or aircraft,
or used in certain research, development, or testing, as provided
by law."
(c) (1) Section 5004 (a) (2) (B) of such Code // 26 USC 5004. // is
amended by striking out" (9), or" and inserting "or" after "(2),".
(2) Section 5004 (a) (2) (C) of such Code is amended to read as
follows:
"(C) exported, deposited in a foreign-trade zone, used in the
production of wine, laden as supplies upon, or used in the
maintenance or repair of, certain vessels or aircraft, deposited
in a customs bonded warehouse, or used in certain research,
development, or testing, as provided by law."
(d)(1) Section 5005 (d) of such Code is amended by striking out "(3),
or (9)" and inserting "or (3)" after "(2),".
(2) Section 5005 (e) (1) of such Code is amended by striking out
"section 5214 (a) (4), (5), (6), (7), or (8)8" and inserting "section
5214 (a) (4), (5), (6), (7), (8), (9), or (10),".
(e) (1) Section 500, (f) (3) of such Code // 26 USC 5008 // is
amended by striking "and" at the end thereof.
(2) Section 500, (f) (4) of such Code is amended by striking out the
period at the end thereof and inserting in lieu thereof"; and".
(3) Section 500, (f) of such Code is amended by adding at the end
thereof the following:
"(5) the customs bonded warehouse in the case of withdrawal
under sections 5066 and 5214 (a) (9).
The provisions of subsection (a) shall be applicable to loss of
distilled spirits withdrawn from bonded premises without payment of tax
under section 5214 (a) (10) for certain research, development, or
testing, until such distilled spirits are used as provided by law."
(f) Paragraph (14) of section 5003 of such Code // 26 USC 5003 // is
amended to read as follows:
"(14) For provisions authorizing the withdrawal of distilled
spirits without payment of tax for use in certain research,
development, or testing, see section 5214 (a) (10)."
Sec. 5. (a) (1) Section 5234 (a) (2) of such Code // 26 USC 5234. //
is amended by striking from the heading "for further storage in bond.".
(2) So much of the first sentence of section 5234 (a) (2) of such
Code as follows subparagraph (C) thereof is amended to read as follows:
may, within 20 years of the date of original entry for deposit of
the spirits, be mingled on bonded premises."
(b) Section 5025 (e) (7) of such Code // 26 USC 5025 // is amended by
striking out "for further storage in bond."
Sec. 6. Section 5025 (b) of the Internal Revenue Code of 1954 // 26
USC 5025. // is amended by inserting", or the extracted oils of such,"
after "other natural aromatics."
Sec. 7. The amendments made by this Act // 26 USC 5003 // shall take
effect on the first day of the first calendar month which begins more
than 90 days after the date of the enactment of ths Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 761 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 31, considered and passed House.
Nov. 1, considered and passed Senate.
PUBLIC LAW 95-175, 91 STAT. 1362
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the supervision of
the United States Capitol Police shall extend over that part or parts of
the premises located at 600 Pennsylvania Avenue, Southeast, Washington,
District of Columbia, leased by the Office of Technology Assessment. In
carrying out such supervision, the United States Capitol Police shall
have within such part or parts jurisdicition, concurrent with that of
the Metropolitan Police of the District of Columbia, to provide security
for the personnel and property of the Office of Technology Assessment
within such leased premises, and to make arrest therein for the
violation of the laws and regulations of the United States and the
District of Columbia.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 735 (Comm. on Public Works and Transportation).
SENATE REPORT No. 95 - 451 (Comm. on Rules and Transportation).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Sept. 30, considered and passed Senate.
Nov. 1, considered and passed House.
PUBLIC LAW 95-174, 91 STAT. 1361
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
Agriculture is authorized to convey the following tracts of national
forest land in Alaska, occupied as homesites, to the present occupants
of said lands or their lawful successors in interest: Provided, That
such persons would otherwise qualify to purchase said lands under the
requirements of the Act of May 14, 1898, as amended (43 U.S.C. 687a):
Homesite numbered 222, Clear Lake group, lot 3, United States
survey numbered 4979, containing 1.58 acres.
Homesite numbered 205, Clear Lake group, lot 1, United States
survey numbered 4979, containing 1.68 acres.
Homesite numbered 208, Heney Creek group, lot 31, United States
survey numbered 3601, containing 3.03 acres.
Homesite numbered 210, Heney Creek group, lot 46, United States
survey numbered 3601, containing 1.75 acres.
Homesite numbered 225, Lakeview group, lots M and LL, United
States survey numbered 3533, containing 2.15 acres.
Homesite numbered 224, Lawing Extension group, lot 4, United
States survey numbered 3532, containing 1.60 acres.
Homesite numbered 186, Snug Harbor group, lot 3, United States
survey numbered 3531, containing 1.58 acres.
Homesite numbered 1144, Gartina Game Creek group, lot 9, United
States survey numbered 2414, containing 3.03 acres.
Sec. 2. Such conveyances shall be for the same consideration as
established by the Act of May 14, 1898, as amended (43 U.S.C. 687a).
LEGISLATIVE HISTORY:
SENATE REPORT No. 95 - 527 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 28, considered and passed Senate.
Oct. 31, considered and passed House.
PUBLIC LAW 95-173, 91 STAT. 1359, MARITIME APPROPRIATION
AUTHORIZATION ACT FOR FISCAL YEAR 1978.
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 " Maritime Appropriation Authorization Act for Fiscal Year
1978."
Sec. 2. Funds are authorized to be appropriated without fiscal year
limitation as the appropriation Act may provide for the use of the
Department of Commerce, for the fiscal year 1978, as follows:
(1) for acquisition, construction, or reconstruction of vessels
and construction differential subsidy and cost of national defense
features incident to the construction, reconstruction, or
reconditioning of ships, not to exceed $135,000,000;
(2) for payment of obligations incurred for operating
differential subsidy, not to exceed $372,109,000: Provided,
however, That no funds authorized by this paragraph may be paid
after the 240th day after the date of the enactment of this Act to
any liner company unless its chief executive officer certifies
under oath to the Secretary of Commerce that he (A) is using and
will use reasonable diligence to insure that, for the period
during which these funds are to be received, no company owner,
employee, or agent will pay any rebates which are illegal under
the shipping Act, 1916,
// 46 USC 801. //
and (B) Maritime Commission in its investigation of illegal
rebating in United States foreign and domestic trades, and in its
efforts to end such illegal procedures;
(3) for expenses necessary for research and development
activities, not to exceed $20,725,000;
(4) for reserve fleet expenses, not to exceed $5,137,000;
(5) for maritime training at the Merchant Marine Academy at
Kings Point, New York, not to exceed $14,656,000; and
(6) for financial assistance to State marine schools, not to
exceed $5,970,000.
Sec. 3. There are authorized to be appropriated for the fiscal year
1978, in addition to the amounts authorized by section 2 of this Act,
such additional supplemental amounts for the activities for which
appropriations are authorized under section 2 of this Act, as may be
necessary for increases in salary, pay, retirement, or other employee
benefits authorized by law, and for increased costs of public utilities,
food service, and other expenses of the Merchant Marine Academy at Kings
Point, New York.
Sec. 4. Section 4 of the Maritime Academy Act of 1958 (46 U.S.C.
1383) is amended by striking out "$75,000" and inserting in lieu thereof
"$100,000".
Sec. 5. Section 6 (a) of the Maritime Academy Act of 1958, as
amended (46 U.S.C. 1385 (a), is amended by striking out "$600" and
inserting in lieu thereof "$1,200".
Sec. 6. (a) Section 209 (b) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 1119 (b), is further amended by striking out "and"
after the semicolon at the end of item (7), and by inserting immediately
after item (8) the following new items:
"(9) expenses necessary for extension and correspondence
courses authorized under section 216 (c) of this Act;
// 46 USC 1126. //
and
"(10) other operations and training expenses related to the
development of waterborne transportation systems, the use of
waterborne transportation systems, or general administration;".
(b) The amendment made by subsection (a) of this section // 46 USC
1119 // shall be effective for fiscal years beginning after September
30, 1978.
Sec. 7. Subsections (c) and (d) of section 216 of the Merchant
Marine Act, 1936, as amended (46 U.S.C. 1126), are each amended by
striking out " Commission" wherever it appears therein and inserting in
lieu thereof " Secretary of Commerce".
Sec. 8. Section 509 of the Merchant Marine Act, 1936 (46 U.S.C.
1159) is amended by inserting in the fourth sentence thereof immediately
after "eight knots" the following:", or in the case of a ferry operating
solely in point-to-point transportation which is designed to be of not
less than seventy-five gross tons and to be capable of a sustained speed
of not less than eight knots,".
Sec. 9. (a) There shall be in the Department of Commerce, in
addition to the Assistant Secretaries provided by law as of the date of
the enactment of this Act, // 15 USC 1507b. // one additional Assistant
Secretary of Commerce who shall be appointed by the President, by and
with the advice and consent of the Senate. Such Assistant Secretary
shall receive compensation at the rate prescribed by law for Assistant
Secretaries of Commerce, and shall perform such duties as the Secretary
of Commerce shall prescribe.
(b) Section 5315 of title 5, United States Code, is amended by
striking out paragraph (12) and inserting in lieu thereof:
"(12) Assistant Secretaries of Commerce (8).".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 332 accompanying H.R. 4963 (Comm. on
Merchant Marine
and Fisheries) and 95 - 747 (Comm. of Conference).
SENATE REPORT No. 95 - 160 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 24, considered and passed Senate.
July 13, considered and passed House, amended, in lieu of H.R.
4963
Oct. 31, House agreed to conference report.
Nov. 1, Senate agreed to conference report.
PUBLIC LAW 95-172, 91 STAT. 1358
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) items 905.30
and 905.31 of the Appendix to the Tariff Schedules of the United States
(19 U.S.C. 1202) // 19 USC 1202. // are each amended by striking out
"11/7/75" and inserting in lieu thereof "6/30/80".
(b) The amendment made by subsection (a) shall apply with respect to
articles entered, or withdrawn from warehouse, for consumption on or
after the date of the enactment of this Act.
(c) Upon request therefore filed with the customs officer concerned
on or before the 90th day after the date of the enactment of this Act,
// 19 USC 1202. // the entry or withdrawal of any article--,
(1) which was made after November 7, 1975, and before the date
of the enactment of this Act, and
(2) with respect to which there would have been no duty if the
amendment made by subsection (a) applied to such entry or
withdrawal,
shall, notwithstanding the provisions of section 514 of the Tariff Act
of 1930 // 19 USC 1514 // or any other provision of law, be liquidated
or reliquidated as though such entry or withdrawal had been made on the
date of the enactment of this Act.
Sec. 2. (a) Section 4254 of the Internal Revenue Code of 1954 // 26
USC 4254 // (relating to computation of tax) is amended by adding at the
end thereof the following new subsection:
"(c) Certain State and Local Taxes Not Included.--For purposes of
this subchapter, in determining the amounts paid for communications
services, there shall not be included the amount of any State or local
tax imposed on the furnishing or sale of such services, if the amount of
such tax is separately stated in the bill."
(b) The amendment made by this section // 26 USC 4254 // shall take
effect only with respect to amounts paid pursuant to bills first
rendered on or after the first day of the first month which begins more
than 20 days after the date of the enactment of this Act. For purposes
of the preceding sentence, in the case of communications services
rendered more than 2 months before the effective date provided in the
preceding sentence, no bill shall be treated as having been first
rendered on or after such effective date.
LEGISLATIVE history:
HOUSE REPORT No. 95 - 426 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 434 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 123 (1977):
July 1, considered and passed House.
Sept. 21, considered and passed Senate, amended.
Oct. 25, House concurred in certain Senate amendments, in
others with amendment; disagreed to amendment no. 6.
Oct. 27, Senate receded and concurred in House amendments.
PUBLIC LAW 95-171, 91 STAT. 1353
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 42 USC 1397 //
Section 1. (a) Section 3 of Public Law 94 - 401 is amended--,
(1) by inserting "and the fiscal year ending September 30,
(1978," after "1977," in the matter preceding paragraph (1) of
subsection (a);
(2) by inserting "and such fiscal year ending September 30,
1978," after "1977," in subsection (a) (1) (B);
(3) by striking out "or fiscal year" in subsection (a) (2) and
inserting in lieu thereof "or either such fiscal year";
(4) by striking out "or fiscal year" in subsections (b), (c)
(1), and (c) (2) (A) and inserting in lieu thereof in each
instance "or either fiscal year";
(5) by inserting", or the fiscal year ending September 30,
1978" before the period at the end of subsection (d) (1); and
(6) by striking out "for such fiscal year" in subsection (d)
(2) and inserting in lieu thereof "for either such fiscal year".
(b) Section 5 (b) of Public Law 94 - 401 // 42 USC 1397 // is amended
by striking out " September 30, 1977" and " October 1, 1977" and
inserting in lieu thereof " September 30, 1978" and " October 1, 1978",
respectively.
(c) Section 6 of Public Law 94 - 401 // 42 USC 1397 // is amended by
striking out " September 30, 1977" and " October 1, 1977" and inserting
in lieu thereof " September 30, 1978" and " October 1, 1978",
respectively.
(d) Section 7 (a) (3) of Public Law 93 - 647 // 42 USC 1397 // is
amended by striking out " October 1, 1977" and inserting in lieu
thereeof " October 1, 1978".
(e) Section 50 B (a) (2) (B) of the Internal Revenue Code of 1954
(definition of Federal welfare recipient employment incentive expenses)
is amended by striking out " October 1, 1977" and inserting in lieu
thereof " October 1, 1978".
(f) The amendments made by this section // 26 USC 50 B // shall be
effective on October 1, 1977.
Sec. 2. (a) Section 3304 (a) (6) (A) of the Internal Revenue Code //
26 USC 3304. // (relating to approval of State unemployment
compensation laws) is amended by striking out "and" at the end of clause
(ii) and by adding at the end thereof the following new clause:
"(iv) with respect to any services described in clause (i) or
(ii), compensation payable on the basis of services in any such
capacity may be denied as specified in clauses (i), (ii), and
(iii) to any individual who performed such services in an
educational institution while in the employ of an educational
service agency, and for this purpose the term "educational service
agency" means a governmental agency or governmental entity which
is established and operated exclusively for the purpose of
providing such services to one or more educational institutions,
and ".
(b) The amendments made by subsection (a) // 26 USC 3304 // shall
apply with respect to weeks of unemployment which begin after December
31, 1977.
Sec. 3. (a) (1) Section 403 (a) of the Social Security Act // 42 USC
603 // is amended by striking out "10" in each of the last two sentences
and inserting in lieu thereof "20".
(2) Section 406 (b) of such Act // 42 USC 606. // is amended--,
(A) by striking out the semicolon at the end of clause (2) (E)
and inserting in lieu thereof a period; and
(B) by adding at the end thereof (after and below clause
(2) (E) the following new sentences: " Payments with respect to a
dependent child which are intended to enable the recipient to pay for
specific goods, services, or items recognized by the State agency as a
part of the child's need under the State plan may (in the discretion of
the State or local agency administering the plan in the political
subdivision) be made, pursuant to a determination referred to in clause
(2) (A), in the form of checks drawn jointly to the order of the
recipient and the person furnishing such goods, services, or items and
negotiable only upon endorsement by both such recipient and such person;
and payments so made shall be considered for all of the purposes of
this part to be payments described in clause (2). Whenever payments
with respect to a dependent child are made in the manner described in
clause (2) (including payments described in the preceding sentence), a
statement of the specific reasons for making such payments in that
manner (on which the determination under clause (2) (A) was based) shall
be placed in the file maintained with respect to such child by the State
or local agency administering the State plan in the political
subdivision.".
(3) The amendments made by this subsection // 42 USC 603 // shall
apply with respect to payments of aid to families with dependent
children made for months beginning on or after October 1, 1977.
(b) Notwithstanding any other provision of law, Federal financial
participation in aid to families with dependent chilfren under a State
plan approved under section 402 of the Social Security Act, // 42 USC
606 // for quarters (with respect to which expenditure reports were
timely filed by the State) during the period beginning with the calendar
quarter in which Public Law 90 - 248 // 42 USC 302 // was enacted and
ending with the first calendar quarter of 1977, shall not be denied, on
or after October 1, 1977, by reason of the provision of goods, services,
or items in the form of a check which is drawn jointly to the order of
the recipient and the person furnishing such goods, services, or items
and which shows the purpose for which the check is drawn, or by reason
of the failure of the State to meet the requirement of the last two
sentences of section 403 (a) of such Act or the failure of the State (or
any political subdivision thereof) to carry out the functions and duties
prescribed in clauses (A), (B), (C), and (E) of section 406 (b) (2) of
such Act, regardless of the form in which the aid involved was paid, if
(and to the extent that) the amount of such aid was correct and the
payment of the aid in that form did not result in assistance in cases or
in amounts not authorized by or under part A of title IV of such Act.
Sec. 4. (a) Section 167 (k) of the Internal Revenue Code of 1954 //
26 USC 167. // (relating to depreciation of expenditures to
rehabilitate low-income rental housing) is amended by striking out "
January 1, 1978" each place it appears and inserting in lieu thereof "
January 1, 1979."
(b) Section 203 (b) of the Tax Reform Act of 1976 // 2l USC 167. //
is amended by striking out", and before January 1, 1978, and
expenditures made pursuant to a binding contract entered into before
January 1, 1978."
Sec. 5. Section 4 (c) of the Act // 26 USC 117 // entitled " An Act
to suspend until the close of June 30, 1975, the duty on certain
carboxmethyl cellulose salts, and for other purposes", approved October
2l, 1974 (Public Law 93 - 483),is amended to read as follows:
"(c) Effective Date.--The provisions of this section shall apply with
respect to amounts received during calendar years 1973, 1974, and 1975,
and, in the case of a member of a uniformed service receiving training
after 1975 and before 1979 in programs described in subsection (a), with
respect to amounts received after 1975 and before 1983."
Sec. 6. (a) Section 2 (b) of Public Law 94 - 331 // 42 USC 1382 //
is amended by striking out "and before December 31, 1976."
(b) The effective date of this section // 42 USC 1382 // shall be the
first day of the calendar quarter following enactment of this Act.
Sec. 7. (a) Section 4 (b) of Public Law 94 - 331 // 42 USC 1382 //
is amended by striking out "and before December 31, 1976."
(b) The effeective date of this section // 42 USC 1382 // shall be
the first day of the calendar quarter following enactment of this Act.
Sec. 8. (a) Section 1612 (b) of the Social Security Act // 42 USC
1382a. // is amended--,
(1) by striking out "and) at the end of paragraph (10) thereof.
(2) by striking out the period at the end of paragraph (11)
thereof and inserting in lieu of such period the following:";
and", and
(3) by adding after and below paragraph (11) thereof the
following new paragraph:
"(12) interest income received on assistance funds referred to
in paragraph (11) within the 9-month period beginning on the date
such funds are received (or such longer periods as the Secretary
shall by regulations prescribe in cases where good cause is shown
by the individual concerned for extending such period)."
(b) The amendment made by this section // 42 USC 1382. // shall be
effective July 1, 1976, with respect to catastrophes which occurred on
or after June 1, 1976, and before December 31, 1976. With respect to
catastrophes which occurred on or after December 31, 1976, the amendment
made by this section shall be effective the first day of the calendar
quarter following enactment of this Act.
Sec. 9 (a) The first sentence of section 1613 (a) of the Social
Security Act // 42 USC 1382b. // is amended--,
(1) by striking out "and" at the end of paragraph (4)
thereof,
(2) by striking out the period at the end of paragraph (5)
thereof and inserting in lieu of such period the following:";
and", and
(3) by adding after and below paragraph (5) thereof the
following new paragraph:
"(6) assistance referred to in section 1612 (b) (11)
// 42 USC 1382 //
for the 9-month period beginning on the date such funds are
received (or for such longer period as the Secretary shall by
regulations prescribe in cases where good cause is shown by the
individual concerned for extending such period); and, for
purposes of this paragraph, the term "assistance" includes
interest thereon which is excluded from income under section 1612
(b) (12).".
(b) The amendment made by this section // 42 USC 1382b. // shall be
effective July 1, 1976, with respect to catastrophes which occurred on
or after June 1, 1976, and before December 31,, 1976. With respect to
catastrophes which occurred on or after December 1, 1976, the amendment
made by this section shall be effective the first day of the calendar
quarter following enactment of this Act.
Sec. 10. (a) Chapter 25 of the Internal Revenue Code of 1954 // 26
USC 3501 // (relating to general provisions for employment taxes) is
amended by adding at the end thereof the following new section:
" SEC. 3506. // 26 USC 3506. //
INDIVIDUALS PROVIDING COMPANION SITTING PLACEMENT SERVICES.
"(a) In General.--For purposes of this subtitle, a person engaged in
the trade or business of putting sitters in touch with individuals who
wish to employ them shall not be treated as the employer of such sitters
(and such sitters shall not be treated as employees of such person) if
such person does not pay or receive the salary or wages of the sitters
and is compensated by the sitters or the persons who employ them on a
fee basis.
"(b) Definition.--For purposes of this section, the term 'sitters'
means individuals who furnish personal attendance, companionship, or
household care services to children or to individuals who are elderly or
disabled.
"(c) Regulations.--The Secretary shall prescribe such regulations as
may be necessary to carry out the purpose of this section.".
(b) The table of sections for such chapter is amended by adding at
the end thereof the following new item:
placement
services.".
(c) The amendments made by this section // 2l USC 3506. // shall
apply to remuneration received after December 31, 1974.
(d) The amendments made by this section shall not be construed as
affecting (1) any individual's right to receive unemployment
compensation based on services performed before the date of the
enactment of this Act, or (2) any individual's eligibility for social
security benefits to the extent based on services performed before that
date.
Sec. 11. Section 457 (c) of the Social Security Act // 42 USC 657.
// is amended--,
(a) in paragraph (1)--,
(b) in paragraph (2)--,
(c) by adding at the end thereof the following new
provision:
"and so much of any amounts of child support so collected as are in
excess of the payments required to be made in paragraph (1) shall be
distributed in the manner provided by subsection (b) (3) (A) and (B)
with respect to excess amounts described in subsection (b)."
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 439 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 456 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 123 (1977):
July 18, considered and passed House.
Oct. 17, considered and passed Senate, amended.
Oct. 25, House concurred in Senate amendment with an amendment.
Oct. 27, Senate concurred in House amendment.
PUBLIC LAW 95-170, 91 STAT. 1351
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subpart B of
part 1 of the Appendix to the Tariff Schedules of the United States (19
U.S.C. 1202) is amended by inserting immediately after item 912.07 the
following new item: "912.08 Mattress blanks of rubber latex (provided
for in item 727.86, part 4 A, schedule 7)-- Free--No change--On or
before 6/30/78". (b) The amendment made by subsection (a) // 19 USC
1202 // shall apply with respect to articles entered, or withdrawn from
warehouse, for consumption on or after the date of the enactment of this
Act.
(c) Upon request therefor filed with the customs officer concerned on
or before the ninetieth day after the date of the enactment of this Act,
the entry or withdrawal of any article--,
(1) which was made after May 9, 1977, and before the date of
the enactment of this Act, and
(2) with respect to which there would have been no duty if the
amendment made by subsection (a) applied to such entry or
withdrawal,
shall notwithstanding the provisions of section 514 of the Tariff Act of
1930 // 19 USC 1514 // or any other provision of law, be liquidated or
reliquidated as though such entry or withdrawal had been made on the
date of the enactment of this Act.
Sec. 2. (a) Subpart D of part 5 of schedule 7 of the Tariff
Schedules of the United States (19 U.S.C. 1202) is amended by striking
out item 734.97 and inserting in lieu thereof the following: "734.98
Bobsleds and luges of a king used in international competition--Free
Free 734.99 Other--9% ad val. 45% ad val.".
(b) The amendments made by subsection (a) // 19 USC 1202 // shall
apply with respect to articles entered, or withdrawn from warehouse, for
consumption on or after the date of enactment of this Act.
91 STAT. 13 PULBIC LAW 95 - 170--Nov. 12, 1977
Sec. 3. // 26 USC 507 // In determining whether a person is a
substantial contributor within the meaning of section 507 (d) (2) of the
Internal Revenue Code of 1954 // 26 USC 507 4941. // for purposes of
applying section 4941 of such Code (relating to taxes on self-dealing),
contributions made before October 9, 1969, which--,
(1) were made on account of or in lieu of payments required
under a lease in effect before such date, and
(2) were coincident with or by reason of the reduction in the
required payments under such lease,
shall not be taken into account. For purposes of applying section 507
(d) (2) (B) (iv) of such Code, the preceding sentence shall be treated
as having taken effect on January 1, 1970.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 422 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 433 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 123 (1977):
July 18, considered and passed House.
Sept. 21, considered and passed Senate, amended.
Oct. 25, House concurred in certain Senate amendments, in No.
7 with an amendment.
Oct. 27, Senate concurred in House amendment.
PUBLIC LAW 95-169, 91 STAT. 1350
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, subject to section
2 of this Act, the Secretary of Agriculture is authorized and directed
to convey to the Madera Cemetery District, Madera, California, all
right, title, and interest of the United States in and to a tract of
land comprising approximately twenty acres in the Sierra National
Forest, Madera County, California, more particularly described as the
south one-half of the northeast quarter of the northwest quarter of
section 19, township 8 south, range 23 east, Mount Diablo meridian.
Sec. 2. (a) The conveyance authorized by this Act shall reserve
easements for existing facilities such as roads, telephone lines,
pipelines, electric power transmission lines; and shall reserve such
easements for roads as the Secretary of Agriculture finds necessary to
assure access to lands of the United States or to meet public needs.
(b) The conveyance authorized by this Act shall only be made if,
within one year after the date of this Act the Madera Cemetery District
makes payment for the tract at a price to be fixed by the Secretary of
Agriculture through appraisal or otherwise, after he takes into
consideration the purpose for which the lands are to be used.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 192 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 518 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 2, considered and passed House.
Oct 28, considered and passed Senate.
PUBLIC LAW 95-168, 91 STAT. 1349
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That a certain design
patent issued by the United States Patent Office of date November 8,
1898, being patent numbered 29,611, which is the insignia of the United
Daughters of the Confederacy, which was renewed and extended for a
period of fourteen years by Public Law Numbered 213, Eighty-eighth
Congress, approved December 18, 1963, // 77 Stat. 421. // is hereby
renewed and extended for an additional period of fourteen years from and
after the date of enactment of this Act, with all the rights and
privileges pertaining to the same, being generally known as the insignia
of the United Daughters of the Confederacy.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 745 (Comm. on the Judiciary).
SENATE REPORT No. 95 - 152 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 13, considered and passed Senate.
Oct. 31, considered and passed House.
PUBLIC LAW 95-167, 91 STAT. 1347
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the first
section of the Act entitled " An Act to incorporate the Big Brothers of
America", approved September 2, 1958 (36 U.S.C. 881 et seq.) is
amended--,
(1) by inserting "(a)" before "the following";
(2) by striking out " Big Brothers of America" and inserting in
lieu thereof " Big Brothers--Big Sisters of America"; and
(3) by adding at the end thereof the following new
subsection:
"(b) This Act may be cited as the ' Big Brothers--Big Sisters of
America'."
(b) Section 3 of such Act (36 U.S.C. 883) is amended--,
(1) by striking out "boys" and inserting in lieu thereof
"individuals"; and
(2) by striking out "and Canada".
(c) Section 5 (a) of such Act (36 U.S.C. 885(a)) is amended by
striking out "and in Canada to the extent permitted by Canadian laws".
(d) Section 7 (a) of such Act (36 U.S.C. 887(a)) is amended by
striking out "section 16" and inserting in lieu thereof "section 16
(a)".
(e) Section 15 of such Act (36 U.S.C. 895) is amended--,
(1) by striking out "the name, The Big Brothers of America and
inserting in lieu thereof the following: "any of the following
names: The Big Brothers of America; Big Sisters International,
Incorporated; Big Sisters of America; Big Brothers; Big
Sisters; Big Brothers--Big Sisters of America; and Big
Sisters--, Big Brothers"; and
(2) by striking out "section 16 of this title" and inserting in
lieu thereof the following: "section 16 (a) of this Act, and by
the District of Columbia corporation, Big Sisters International,
Incorporated, described in section 16 (b) of this Act,".
(f) Section 16 of such Act (36 U.S.C. 896) is amended--,
(1) by inserting "(a) before " The corporation"; and
(2) by adding at the end thereof the following new subsection:
"(b) The corporation may acquire the assets of Big Sisters
International, Incorporated, a corporation organized under the laws of
the District of Columbia, upon discharging or satisfactorily providing
for the payment and discharge of all of the liability of such
corporation and upon complying with all laws of the District of Columbia
applicable thereto.".
Sec. 2. Paragraph (11) of the first section of the Act entitled " An
Act to provide for audit of accounts of private corporations established
under Federal Law", approved August 30, 1964 (36 U.S.C. 1101 (11) is
amended to read as follows:
"(11) Big Brothers--, Big Sisters of America.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 750 accompanying H.R. 7249 (Comm. on the
Judiciary).
SENATE REPORT No. 95 - 510 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Oct. 20, considered and passed Senate.
Oct 31, Nov. 1, considered and passed House, in lieu of H.R.
7249
PUBLIC LAW 95-166, 91 STAT. 1325, NATIONAL SCHOOL LUNCH ACT AND CHILD
NUTRITION AMENDMENTS OF 1977
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 " National School Lunch Act and Child Nutrition Amendments
of 1977". // 42 USC 1751 //
Sec. 2. Section 13 of the National School Lunch Act // 42 USC 1761.
// is amended to read as follows:
sec. 13. (a) (1) The Secretary is authorized to carry out a program
to assist States, through grants-in-aid and other means, to initate,
maintain, and expand nonprofit food service programs for children in
service institutions. For purposes of this section, (A) 'program' means
the summer food service program for children authorized by this section;
(B) 'service institutions' means nonresidential public or private
nonprofit institutions, and residential public or private nonprofit
summer camps, that develop special summer or school vacation programs
providing food service similar to that made available to children during
the school year under the school lunch program under this Act of 1966;
// 42 USC 1771 // (C) 'areas in which poor economic conditions exist'
means areas in which at least 33 1/3 percent of the children are
eligible for free or reduced price school meals under this Act and the
Child Nutrition Act of 1966, as determined by information provided from
department of welfare, zoning commissions, census tracts, by the number
of free and reduced price lunches or breakfasts served to children
attending public and nonprofit private schools located in the area of
program food service sites, or from other appropriate sources, including
statements of eligibility based upon income for children enrolled in the
program; (D) ' children means individuals who are eighteen years of age
and under, and individuals who are older that eighteen who are (i)
determined by a State educational agency or a local public educational
agency of a State, in accordance with regulations prescribed by the
Secretary, to be mentally or physically handicapped, and (ii)
participating in a public school program established for the mentally or
physically handicapped; and (E) state' means any of the fifty States,
the District of Columbia, the Commonwealth of Puerto Rico the Virgin
Islands of the United States, Guam, American Samoa, the TRUST Territory
of the Pacific Islands, andthe Northern Mariana Islands.
"(2) To the maximum extent feasible, consistent with the purposes of
this section, any food service under the program shall use meals
prepared at the facilities of the service institution or at the food
service facilities of public and nonprofit private schools. The
Secretary shall assist States in the development of information and
technical assistance to encourage increased service of meals prepared at
the facilities of service institutions and at public and nonprofit
private schools.
"(3) Eligible service institutions entitled to participate in the
program shall be limited to those that--,
"(A) demonstrate adequate administrative and financial
responsibility to manage an effective food service;
"(B) have not been seriously deficient in operating under the
program;
"(C) either conduct a regularly scheduled food service for
children from areas in which poor econmic conditions exist or
qualify as camps; and
"(D) provide an ongoing year-round service to the community to
be served under the program (except that an otherwise elgible
service institution shall not be disqualified for failure to meet
this requirement for ongoing year-round service if the State
determines that its disqualification would result in an area in
which poor economic conditions exist not being served or in a
significant number of needy children not having reasonable access
to a summer food service program).
"(4) The following order of priority shall be used by the State in
determining participation where more than one eligible service
institution proposes to serve the same area:
"(A) local schools or service institutions that have
demonstrated successful program performance in a prior year;
"(B) service institutions that prepare meals at their own
facilities or operate only one site;
"(C) service institutions that use local school food facilities
for the preparation of meals;
"(D) other service institutions that have demonstrated ability
for successful program operation ; and
"(E) service institutions that plan to integrate the program
with Federal, State, or local employment programs.
The Secretary and the States, in carrying out their respective functions
under this section, shall actively seek eligible service institutions
located in rural areas, for the purpose of assisting such service
institutions in applying to participate in the program.
"(5) Camps that satisfy all other eligibilty requirements of this
section shall receive reimbursement only for meals served to children
who meet the eligibility requirements for free or reduced price meals,
as determined under this Act and the Child Nutrition Act of 1966. // 42
USC 1771 //
"(b) (1) Payments to service institutions shall equal the full cost
of food service operations (which cost shall include the cost of
obtaining, preparing, and serving food, but shall not include
administrative costs), except that such paymens to any institution shall
not exceed (1) 85.75 cents for each lunch and supper served; (2) 47.75
cents for each breakfast served; or (3) 22.50 cents for each meals
supplement served: Provided, That such amounts shall be adjusted each
January 1 to the nearest one-fourth cent in accordance with the changes
for the twelve-month period ending the preceding November 30 in the
series for food away from home of the Consumer Price Index published by
the Bureau of Labor Statistics of the Department of Labor: Provided
further, That the Secretary may make such adjustments in the maximum
reimbursement levels as the Secretary determines appropriate after
making the study prescribed in paragraph (4) of this subsection.
"(2) Any service institution shall be permitted to serve up to three
meals per day of operation if at least one of the three meals is a meal
supplement, and any service institution that is a camp shall be
permitted to serve up to four meals per day of operation, if the service
institution has the administrative capability, and the food preparation
and food holding capabilities (where applicable),to manage more than one
meal service per day, and if the service period of different meals does
not coincide or overlap. such meals may include a breakfast a lunch, a
supper, and meal supplements.
"(3) Every service institution, when applying for particpation in the
program, shall submit a complete budget for administrative costs related
to the program, which shall be subject to approval by the State.
Payment to service institutions for adminstrative costs shall equal the
full amount of State approved administrative costs incurred, except that
such payment to service institutions may not exceed the maximum
allowable levels determined by the Secretary pursuant to the study
prescribed in paragraph (4) of this subsection.
"(4) (A) The Secretary shall conduct a study of the food service
operations carried out under the program. such study shall include, but
shall not be limited to--,
"(i) an evaluation of meal quality as related to costs; and
"(ii) a determination whether adjustments in the maximum
reimbursement levels for food service operation costs prescribed
in paragraph (1) of this subsection should be made, including
whether different reimbursement levels should be established for
self-prepared meals and vendored meals and which site-related
costs, if any, should be considered as part of administrative
costs.
"(b) The Secretary shall also study the administrative costs of
service institutions participating in the program and shall thereafter
prescribe maximum allowable levels for administrative payments that
reflect the costs of such service institutions, taking into account the
number of sites and children served, and such other factors as the
Secretary determines appropriate to further the goals of efficient and
effective administration of the program.
"(c) The Secretary shall report the results of such studies to
Congress not later than December 1, 1977.
"(c) Payments shall be made to service institutions only for meals
served during the months of May through September, except in the case of
service institutions that operate food service programs for children on
school vacation at any time under a continuous school calendar.
"(d) Not later than April 15, May 15, and July 1, of each year, the
Secretary shall forward to each State a letter of credit (advance
program payment) that shall be available to each State for the payment
of meals to be served in the month for which the letter of credit is
issued. The amount of the advance program payment shall be an amount
which the State demonstrates, to the satisfaction of the Secretary, to
be necessary for advance program payments to service institutions in
accordance with subsection (e) of this section. The Secretary shall
also forward such advance program payments, by the first day of the
month prior to the month in which the program will be conducted, to
States that operate the program in months other than May through
September. The Secretary shall forward any remaining payment due
pursuant to subsection (b) of this section not later than sixty days
following receipt of valid claims therefor.
"(e) (1) Not later than June 1, July 15, and August 15 of each year,
or, in the case of service institutions that operate under a continuous
school calendar, the first day of each month of operation, the State
shall forward advance program payments to each service institution:
Provided, That (A) the State shall not release the second month's
advance program payment to any service institution that has not
certified that it has held training sessions for its own personnel and
the site personnel with regard to program duties and responsibilities,
and (b) no advance program payment may be made for any month in which
the service institution will operate under the program for less than ten
days.
"(2) The amount of the acvance program payment for any month in the
case of any service institution shall be an amount equal to (A) the
total program payment for meals served by such service institution in
the same calendar month of the preceding calendar year, (B) 50 percent
of the amount established by the State to be needed by such service
institution for meals if such service institution contracts with a food
service management company, or (C) 65 percent of the amount pestablished
by the State to be needed by such service institution for meals if such
service institution prepares its own meals, whichever amount is
greatest: Provided, That the advance program payment may not exceed the
total amount estimated by the State to needed by such service
institution for meals to be served in the month for which such advance
program payment is made or $40,000, whichever is less, except that a
State may make a larger advance program payment to such service
institution where the State determines that such larger payment is
necessary for the operation of the program by such service institution
and suffcient administrative and management capability to justify a
larger payment is demonstrated. The State shall forward any remaining
payment due a service institution not later that seventyfive days
following receipt of valid claims. If the State has reason to believe
that a service institution will not be able to submit a valid claim for
reimbursement covering the period for which an advance program payment
has been made, the subsequent month's advance program payment shall be
withheld until such time as the State has received a valid claim.
Program payments advanced to service institutions that are not
subsequently deducted from a valid claim for reimbursement shall be
repaid upon demand by the State. Any prior payment that is under
dispute may be subtracted from an advance program payment.
"(f) Service institutions receiving funds under this section shall
serve meals consisting of a combination of foods and meeting minimum
nutritional standards prescribed by the Secretary on the basis of tested
nutritional research. Such meals shall be served without cost to
children attending service institutions approved for operation under
this section, except that, in the case of camps, charges may be made for
meals served to children other than those who meet the eligibility
requirements for free or reduced price meals in accordance with
subsection (a) (5) of this section. The assure meal quality, States
shall, with the assistance of the Secretary, prescribed model meal
specifications and model food quality standards, and ensure that all
service management companies include in their contracts menu cycles,
local food safety standards, and food quality standards approved by the
State. Such contracts shall require (A) periodic inspections, by an
independent agency or the local health department for the locality in
which the meals are served, of meals prepared in accordance with the
contract in order to determine bacteria levels present in such meals,
and (b that bacteria levels conform to the standards which are applied
by the locla health authority for that locality with respect to the
levels of bacteria that may be present in meals served by other
establishments in that locality. Such inspections and any testing
resulting therefrom shall be in accordance with the practices employed
by such local health authority.
"(g) The Secretary shall publish proposed regulations relating to the
implementation of the program by November 1 of each fiscal year, final
regulations by January 1 of each fiscal year, and guidelines,
applications, and handbooks by February1 of each fiscal year: Provided,
That for fiscal year 1978, those portions of the regulations relating to
payment rates for both food service operations and administrative costs
need not be published until December 1 and February 1, respectively. In
order to improve program planning, the Secretary may provide that
service institutions be paid as startup costs not to exceed 20 percent
of the administrative funds provided for in the administrative budget
approved by the State under subsection (b) (3) of this section. Any
payments made for startup costs shall be subtracted from amounts
otherwise payable for administrative costs subsequently made to service
institutions under subsection (b) (3) of this section.
"(h) Each service institution shall, insofar as practicable, use in
its food service under the program foods designated from time to time by
the Secretary as being in abundance. The Secretary is authorized to
donate to States, for distribution to service institutions, food
available under section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431), or purchased under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) or section 709 of the Food and Agriculture Act of 1965 (7
U.S.C. 1446a-1). Donated foods may be distributed only to service
institutions that can use commodities efficiently and effectively, as
determined by the Secretary.
"(i) If any State (1) is unable for any reason to disburse the funds
otherwise payable to it under this section, or (2) does not operate the
program in accordance with the requirements of this section, the
Secretary shall assume authority for administration of the program in
such State, and shall disburse the funds directly to service
institutions in the State for the same purposes and subject to the same
conditions as are required of a State disbursing funds made available
under this section. In cases described in clause (1) of the preceding
sentence, the State shall notify the Secretary,not later that January 1
of each fiscal year in which the program is operated, of its intention
not to administer the program.
"(j) Expenditures of funds from State and local sources for the
maintenance of food programs for children shall not be diminished as a
result of funds received under this section.
"(k) (1) The Secretary shall pay to each State for its administrative
costs incurred under this section in amy fiscal year an amount equal to
(A) 20 percent of the first $50,000 in funds distributed to that State
for the program in the preceding fiscal year; (B) 10 percent of the
next $50,000 in funds distributed to that State for the program in the
preceding fiscal year; (C) 5 percent of the next $100,000 in funds
distributed to that State for the program in the preceding fiscal year;
and (D) 2 percent of any reamining funds distributed to that State for
the program in the preceding fiscal year: Provided, That such amounts
may be adjusted by the Secretary to reflect changes in the size of that
State's program since the preceding fiscal year.
"(2) The Secretary shall establish standards and effective dates for
the proper, efficient, and effective administration of the program by
the State. If the Secretary finds that the State has failed without
good cause to meet any of the Secretary's standards or has failed
without good cause to carry out the approved State management and
administration plan under subsection (n) of this section, the Secretary
may withhold from the State such funds authorized under this subsection
as the Secretary determines to be appropriate.
"(3) To provide for adequate nutritional and food quality monitoring,
and to further the implementation of the program, an additional amount,
not to exceed the lesser of actual costs or 1 percent of program funds,
shall be made available by the Secretary to States to pay for State or
local health department inspections, and to reinspect facilities and
deliveries to test meal quality.
"(l) (1) Service institutions may contract on a competitive basis
only with food service management companies registered with the State in
which they operate for the furnishings of meals or management of the
entire food service under the program, except that a food service
management company entering into a contract with a service institution
under this section may not subcontract with a single company for the
total meal, with or without milk, or for the assembly of the meal. The
Secretary shall prescribe additional conditions and limitations
governing assignment of all or any part f a contract entered into by a
food service management company under this section. Any food service
management company shall , in its bid provide the service institution
information as to its meal capacity. The State shall, upon award of any
bid, review the company's registration to calculate how many remaining
meals the food service management company is equipped to prepare.
"(2) Each State shall provide for the registration of food service
management companies. For the purposes of this section, registration
shall include, at a minimum--,
"(A) certification that the company meets applicable State and
local health, safety, and sanitation standards;
"(B) disclosure of past and present company owners, officers,
and directors, and their relationship, if any, to any service
institution or food service management company that received
program funds in any prior fiscal year;
"(C) records of contract terminations or disallowances and
health, safety, and sanitary code violations, regard to program
operations in prior fiscal year; and
"(D) the addresses of the company's food preparation and
distrubution sites.
No food service management company may be registered if the state
determines that such company (i) lacks administrative and financial
capability to perform under the program, or (ii) has been seriously
deficient in its participation in the program in prior fiscal years.
"(3) In order to ensure that only qualified food service management
companies contract for services in all States, the Secretary shall
maintain a record of all registered food service management companies
and their program record for the purpose of making such information
available to the States.
"(4) In accordance with regulations issued by the Secretary positive
efforts shall be made by service institutions to use small businesses
and miniority-owned businesses as sources of supplies and services.
Such efforts shall afford those sources the maximum feasible opportunity
to compete for contracts using program funds.
"(5) Each State, with the assistance of the Secretary, shall
establish a standard form of contract for use by service institutions
and food service management companies. The Secretary shall prescribe
requirements governing bid and contract procedures for acquisition of
the services of food service management companies, including, but not
limited to, bonding requirements (which may provide exemptions
applicable to contracts of 100,000 or less), procedures for review of
contracts by States, and safeguards to prevent collusive bidding
activities between service institutions and food service management
companies.
"(m) States and service institutions participating in programs under
this section shall keep such accounts and records as may be necessary to
enable the Secretary to determine whether there has been compliance with
this section and the regulations issued hereunder. Such accounts and
records shall at all times be available for inspection and audit by
representatives of the Secretary and shall be preserved for such period
of time, not in excess of five years, as the Secretary determines
necessary.
"(n) Each State desiring to participate in the program shall notify
the Secretary by January 1 of each year of its intent to administer the
program and shall submit for approval by February 15 a management and
administration plan for the program for the fiscal year, which shall
include, but not be limited to, (1) the State's administrative budget
for the fiscal year, and the State's plans to comply with any standards
prescribed by the Secretary under subsection (k) of this section; (2)
the State's plans for use of program funds and funds from within the
State of the maximum extent practicable to reach needy children,
including the State's methods for assessing need, and its plans and
schedule for informing service institutions of the availability of the
program; (3) the State's best estimate of the number and character of
service institutions and sites to be approved, and of meals to be served
and children to participate for the fiscal year, and a description of
the estimating methods used; (4) the State's plans and schedule for
providing technical assistance and training eligible service
institutions; (5) the State's schedule for application by service
institutions;(6) the actions to be taken to maximize the use of meals
prepared by service institutions and the use of school food service
facilities;(7) the State's plans for monitoring and inspecting service
institutions, feeding sites, and food service management companies and
for ensuring that such companies do not enter into contracts for more
meals than they can provide effectively and efficiently;(8) the State's
plan and schedule for registering food service management companies;
(9) the State's plan for timely and effective action against program
violators;(10) the State's plan for determining the amounts of program
violators; (10) the States plan for determining the amounts of
payments; (11) the States plan for ensuring fiscal intergrity by
auditing service institutions not subject to auditing requirements
prescribed by the Secretary ; and (12) the State's procedure for
granting a hearing and prompt determination to any service institution
wishing to appeal a State ruling denying the service institution's
application for program participation or for program reimbursement.
"(o) (1) Whoever, in connection with any application, procurement,
recordkeeping entry, claim for reimbursement, or other document or
statement made in connection with the program, knowingly and willfully
falsifies, conceals, or covers up by any trick, scheme, or device a
material fact, or makes any false, fictitious, or fraudulent statement
or entry, or whoever, in connection with the program, knowingly makes an
opportunity for any person to defraud the United State's or does or
omits to do any act with intent to enable any person to defraud the
United States, shall be fined not more than $10,000 or imprisoned not
more than five years, or both.
"(2) Whoever being a partner,officer, director, or managing agent
connected in any capacity with any partnership, association,
corporation, business, or organization, either public or private, that
receives benefits under the program, knowingly or willfully embezzles,
misapplies, steals, or obtains by fraud, false statement, or forgery,
any benefits provided by this section or any money, funds, assets, or
property derived from benefits provided by this section, shall be fined
not more than $10,000 or imprisoned for not more than five years, or
both (but, if the benefits, money, funds, assets, or property involved
is not over $200, then the penalty shall be a fine of not more that
$1,000 or imprisonment for not more than one year, or both)
"(3) If two or more persons conspire or collude to accomplish any act
made unlawful under this subsection, and one or more of such persons do
any act to effect the object of the conspiracy or collusion, each shall
be fined not more than $10,000 or imprisoned for not more than five
years, or both.
"(p) For the fiscal years beginning October 1,1977, and ending
September 30, 1980, there are hereby authorized to be appropriated such
sums as are necessary to carry out the purpose of this section.".
Sec. 3. The National School Lunch Act and the Child Nutrition Act of
1966 // 42 USC 1754, 1756, 1757, 1760, 1766,1774. // are each amended
by striking out "nonfood assistance" each time such phrase appears in
such Acts and by inserting in lieu thereof "food service equipment
assistance". The heading of section 5 of the National School Lunch act
// 42 USC 1754. // is amended to read " FOOD SERVICE EQUIPMENT
ASSISTANCE", and the heading of section 5 of the Child Nutrition Act of
1966 // 42 USC 1774. // is amended to read " FOOD SERVICE EQUIPMENT
ASSISTANCE".
Sec. 4. Section 5 of the Child Nutrition Act of 1966 // 42 USC 1774.
// is amended by--,
(1) striking out the last sentence of subsection (b) and
inserting in lieu thereof the following: " Payments to any State
of funds apportioned under the provisions of this subsection for
any fiscal year shall be made upon condition that at least
one-fourth of the cost of equipment financed under this subsection
shall be borne by funds from sources within the State, except that
such condition shall not apply with respect to funds used under
this section to asssist schools that are especially needy, as
determined by criteria to be established by each State and
approved by the Secretary. States shall apportion their share of
funds under this subsection by giving priority to shcools without
a food service program and schools without the facilities to
prepare and cook hot meals at the schools (including schools
having equipment that is so antiquated or impaired as to endanger
the continuation of an adequate food service program or the
ability to prepare and cook hot meals) or at a kitchen that serves
the schools and that is operated by the local school district or
by a nonprofit private school or the authority that is responsible
for the administration of one or more nonprofit private schools.
After making funds available to such schools, the State shall make
the remaining funds available to schools with a food service
program and with the facilities to prepare and cook hot meals at
the schools or at a kitchen that serves schools and that is
operated by the local school district or by a nonprofit private
school or the authority that is responsible for the administration
of one or more nonprofit private schools, for the purpose of
purchasing needed replacement equipment.";
(2) amending subsection (e) to read as follows:
"(e) For the fiscal years ending September 30, 1978, September 30,
1979 and September 30, 1980, 33 1/3 percent of the funds appropriated
for the purposes of this section shall be reserved to the Secretary to
assist schools without a food service program and schools without the
facilities to prepare and cook hot meals or receive hot meals. The
secretary shall apportion the funds so reserved among the States on the
basis of the ratio of the number of children in each State enrolled in
schools without a food service program and in schools without the
facilities to prepare and cook hot meals or receive hot meals to the
number of children in all States enrolled schools without a food service
program and in schools without the facilities to prepare and cook hot
meals or receive hot meals. In those States in which the Secretary
administers the food service equipment assistance program in nonprofit
private schools, the Secretary shall withhold from the funds apportioned
to any such State under this subsection an anount which bears the same
ratio to such funds as the number of children enrolled in nonprofit
private schools without a food service program or without the facilities
to prepare and cook hot meals or receive hot meals in such State bears
to the total number of children enrolled in all schools without a food
service program or without the facilities to prepare and cook hot meals
or receive hot meals in such State. The funds so reserved, apportioned,
and withheld shall be used by the State, or the Secretary in the case of
nonprofit private schools, only to assist schools without a food service
program and schools without the facilities to prepare and cook hot meals
or receive hot meals. If any State cannot use all the funds apportioned
to it under the provisions of this subsection the Secretary shall make
further apportionment to the remaining States for use only in assisting
schools without a food service program and schools without the
facilities to prepare and cook hot meals or receive hot meals. If after
such further apportionment, any funds received under this subsection
remain unused, the Secretary shall immediately apportion such funds
among the States in accordance with the provisions of subsection (b) of
this section. Payment to any State of funds under the provisions of
this subsection shall be made upon the condition that at least
one-fourth of the cost of the equipment financed shall be borne by funds
from sources within the State, except that such condition shall not
apply with respect to funds used under this subsection to assist schools
that are especially needy, as determined by criteria established by each
State and approved by the Secretary.";
(3) adding at the end thereof a new subsection (f) to read as
follows:
"(f) (1) Funds authorized for the purposes of this section shall be
used only for facilities that enable schools, or local public or private
nonprofit institutions under the conditions prescribed in paragraph (2)
of this subsection, to prepare and cook hot meals or receive hot meals
at the school or institution unless the school can demonstrate to the
satisfaction of the State (or, in the case of nonprofit private schools
in States where the Secretary adminsters the food service equipment
program in such schools, to the satisfaction of the Secretary) that an
alternative method of meal preparation is necessary for the introduction
or continued existence of the school lunch or breakfast program in such
school or to improve the consumption of food or the participation of
eligible children in the program.
"(2) If a school authorized to receive funds under this section
cannot establish a food service program of hot meals prepared and cooked
by the school, or received by the school enters into an agreement with a
public or private nonprofit institution to provide the school lunch or
breakfast program for children attending the school, the funds provided
under this section may be used for food service facilities to be located
at such institution, if (A) the school retains legal title to such
facilities and, (B) in the case of funds made available under subsection
(e) of this section, the institution would otherwise be without such
facilities."; and
(4) striking out the comma after "as amended" in subsection
(a), inserting a period in lieu thereof, and striking out the remainder
of the sentence.
Sec. 5. Section 6(b) of the National School Lunch Act // 42 USC
1755. // is amended to read as follows:
"(b) Not later that May 15 of each school year, the Secretary shall
make an estimate of the value of agricultural commodities and other
foods that will be delivered during that school year to States for the
school lunch program. If such estimated value is less than the total
level of assistance authorized under subsection (e) of this section, the
Secretary shall pay to each State educational agency, not later than
June 15 of that school year, an amount of funds that is equal to the
difference between the value of such deliveries as then programmed for
such State and the total level of assistance authorized under subsection
(e) of this section. In any State in which the Secretary directly
administers the school lunch program in any of the schools of the State
under the provisions of this subsection an amount that bears the same
ratio to the total of such payment as the number of lunches served in
schools in which the school lunch program is directly administered by
the Secretary during that school year bears to the total of such lunches
served under the school lunch program in all the schools in such State
in such school year. Each State educational agency, and the Secretary
in the case of private schools in which the Secretary directly
administers the school lunch program. shall promptly and equitably
disburse, such disbursements shall be used by such schools to purchase
United States agricultural commodities and other foods for their food
service program. Such foods shall be limited to the requirements for
lunchesl and breakfasts for children as provided for in regulations
issued by the Secretary.".
Sec. 6. Section 14 of the National School Lunch Act // 42 USC 1762a.
// is amended by--,
(1) striking out " September 30, 1977" in subsection (a) and
inserting in lieu thereof" September 30,1982" ; and
(2) adding at the end thereof new subsections (c), (d), and (e)
as follows:
"(c) The Secretary may use funds appropriated from the general fund
of the Treasury to purchase agricultural commodities and their products
of the types customarily purchased for donation under section 707 (a)
(4) fo the Older Americans Act of 1965 (42 u.s.c. 3045f (a) (4) or for
cash payments in lieu of such donations under section 707 7(d) (1) of
such Act (42 u.s.c. 3045f (d) (1)). There are hereby authorized to be
appropriated such sums as are necessary to carry out the purposes of
this subsection.
"(d) In providing assistance under this Act and the Child Nutrition
Act of 1966 // 42 USC 1771. // for school lunch and breakfast programs,
the Secretary shall establish procedures which will--,
"(1) ensure that the views of local school districts and
private nonprofit schools with respect to the type of commodity
assistance needed in schools are fully and accurately reflected in
reports to the Secretary by the State with respect to State
commodity preferences and that such views are considered by the
Secretary in the purchase and distribution of commodities and by
the States in all allocation of such commodities among schools
within the States;
"(2) solicit the views of States with respect to the
acceptability of commodities;
"(3) ensure that the timing of commodity deliveries to States
is consistient with State school year calendars and that such
deliveries occur with sufficient advance notice;
"(4) provide for systematic review of the costs and benefits of
providing commodities of the kind and quanity that are suitable to
the needs of local school districts and private nonprofit schools;
and
"(5) make available technical assistance on the use of
commodities available under this Act and the Child Nutrition Act
of 1966.
Within eighteen months after the date of the enactment of this
subsection, the Secretary shall report to Congress on the impact of
procedures established under this subsection, including the nutritional,
economic, and administrative benefits of such procedures. In purchasing
commodities for programs carried out under this Act and the Child
Nutrition Act of 1966, the Secretary shall establish procedures to
ensure that contracts for the purchase of such commodities shall not be
entered into unless the previous history and current patterns of the
contracting party with respect to compliance with applicable meat
inspection laws and with other appropriate standards relating to the
wholesomeness of food for hunan consumption are taken into account.
"(e) Each State educational agency that receives food assistance
payments under this section for any school year shall establish for such
year an advisory council, which shall be composed of representatives of
schools in the State that participate in the school lunch program. The
council shall advise such State agency with respect to the needs of such
schools relating to the manner of selection and distribution of
commodity assistance for such program.".
Sec. 7. Section 6(a) of the National School Lunch Act // 42 USC
1755. // is amended by inserting immediately after the first sentence
the following: " Any school participating in food service programs
under this Act may refuse to accept delivery of not more than 20 percent
of the total value of agricultural commodities and other foods tendered
to it in any school year; and if a school so refuses, that school may
receive, in lieu of the refused commodities, other commodities to the
extent that other commodities are available to the State during that
year.".
Sec. 8. The third sentence of section 9(a) of the National School
Lunch Act // 42 USC 1758. // is amended to read as follows: " Students
in senior high schools that participate in the school lunch program
under this Act (and, when approved by the local school district or
nonprofit private schools, students in any other grade level in any
junior high school or middle school) shall not be required to accept
offered foods they do not intend to consume, and any such failure to
accrpt offered foods shall not affect the full charge to the student for
lunch meeting the requirements of this subsection or the amount of
payments made under this Act to any such school for such lunch.".
Sec. 9. Section 11(a) of the National School Lunch Act // 42 USC
1759a. // is amended by inserting immediately after the first sentence
the following new sentences: " In the case of any school which
determines that at least 80 percent of the children in attendance during
a school year hereinafter in this sentence referred to as the 'first
school year') are eligible for free lunches or reduced-price lunches,
special-assistance payments shall be paid to the State educational
agency with respect to that school, if that school so requests for the
school year following the first school year, on the basis of the number
of free lunches or reduced-price lunches, as the case may be, that are
served by that school during the school year for which the request is
made, to those children who were determined to be so eligible in the
first school year and the number of free lunches and reduced-price
lunches served during that year to other children determined for that
year to be eligible for such lunches. In the case of any school that
(1) elects to serve all children in that school free lunches under the
school lunch program during any period of three successive school years
and (2) pays, from sources other than Federal funds, for the costs of
serving such lunches which are in excess of the value of assistance
received under this Act with respect to the number of lunches served
during that period, special-assistance payments shall be paid to the
State educational agency with respect to that school during that period
on the basis of the number of lunches determined under the succeeding
sentence. For purposes of making special-assistance payments in
accordance with the preceding sentence, the number of lunches served by
a school to children elgible for free lunches and reduced-price lunches
during each school year of the three-school-year period shall be deemed
to be the number of lunches served by that school to children eligible
for free lunches and reduced price lunches during the first school year
of such period, unless that school elects, for purposes of computing the
amount of such payments, to determine on a more frequent basis the
number of children eligible for free and reduced-price lunches who are
served lunches during such period.".
Sec. 10. The National School Lunch Act // 42 USC 1755. // is amended
by--,
(1) inserting in section 6(a) (3) immediately after
"participants in these programs" the following: ", for pilot
projects and the cash-in-lieu of commodities study required to be
carried out under section 20 of this Act,"; and
(2) adding at the end thereof a new section 20 as follows:
" Sec. 20. (a) // 42 USC 1769. // The Secretary shall conduct pilot
project with respect to local school districts or other appropriate
units, or groups of program participants, for the purpose of determining
whether there may be more efficient, healthful, economical, and reliable
methods of operating school lunch, school breakfast, and summer feeding
programs under this Act and the Child Nutrition Act of 1966, // 42 USC
1771 // and methods for operating such programs that will result in
improved delivery of benefits thereunder in accordance with the purposes
of such Acts. Such projects shall, notwithstanding any other provision
of law, include (1) not more than ten projects providing participating
schools or other institutions the option of receiving all or part cash
assistance in lieu of commodities under such Act for such nutrition
programs operated in such schools or institutions, (2) projects desgned
to steamline or reduce reporting requirements by local school districts,
and (3) projects using the United States Department of Agriculture
Extension Service to aid in nutrition training and education in schools
and other institutions.
"(b) The Secretary shall conduct a study to analyze the impact and
effect of cash payments in lieu of commodities. The study shall be
limited to a comparison between a State that phased out its commodity
distribution facilities prior to June 30, 1974, and elected to receive
cash payments in lieu of donated foods, and a State not eligible for
cash payments in lieu of donated foods. Such study shall include an
assessment of the administrative feasibility and nutritional impact of
cash payments in lieu of donated foods, the cost savings, if any, that
may be effected thereby at the Federal, State, and local levels, any
additional costs that may be placed on programs and participating
students, the impact on Federal programs designed to provide adequate
income to farmers, the impact on the quality of food served, and the
impact on plate waste in school lunch and breakfast programs.
"(c) The Secretary shall report to Congress, not later than eighteen
months after the date of the enactment of this section, on the results
of the pilot projects and study conducted under this section. In
connection with such pilot projects, such report shall include an
assessment of the methods employed in such projects for operation school
lunch, school breakfast, and summer feeding programs, in terms of the
following factors--,
"(1) the administrative feasibility and nutritional impact;
"(2) the cost savings that may be effected at Federal, State,
and local levels;
"(3) the impact on Federal programs desgned to provide adequate
income to farmers;
"(4) the impact on the quality of food served; and
"(5) the impact on plate waste.".
Sec. 11. The fifth sentence of section 3 of the Child Nutrition
Act of 1966 // 42 USC 1772. // is amended to read as follows: "
Children who qualify for free lunches under guidelines set forth by the
Secretary shall also be eligible for free milk, when milk is made
available at times other than the periods of meal service in outlets
that operate a food service program under sections 4 and 17 of the
National School Lunch Act // 42 USC 1753. // and section 4 of this
Act.". // 42 USC 1766. //
Sec. 12. Section 4 of the Child Nutrition Act of 1966 // 42 USC 1773.
// is amended by--,
(1) inserting "(1)" after the subsection designation for
subsection (b) ;
(2) striking out the last sentence in subsection (b); and
(3) adding at the end of subsection (b) a new paragraph (2) as
follows:
"(2)(a) The Secretary shall make additional payments for breakfast
served to children qualifying for a free or reduced-price meal at
schools that are in severe need.
"(b) The maximum payment for each such free breakfast shall be the
higher of--,
"(i) the national average payment established by the Secretary
for free breakfast plus 10 cents, or
"(ii) 45 cents, which shall be adjusted on a semiannual basis
each July 1 to the nearest one-fourth cent in accordance with
changes in the series for food away from home of the Consumer
Price Index published by the Bureau of Labor Statistics of the
Department of Labor for the most recent six-month period for which
data are avialable, except that the initial such adjustment shall
be made on January 1, 1978, and shall reflect the change in the
series of food away from home during the period November 1, 1976,
to October 31, 1977.
"(c) The maximum payment for each such reduced-price breakfast shall
be five cents less than the maximum payment for each free breakfast as
determined under clause (B) of this paragraph."; and
(4) amending subsection (d) to read as follows:
"(d) Each State educational agency shall establish eligibility
standards for providing additional assistance to schools in severe need
where the rate per meal established by the Secretary is insufficient to
carry out an effective breakfast program in such a school. Such
eligibility standards shall be submitted to the Secretary for approval
and included in the State plan of child nutrition operations required by
section 11 (e) (1) of the National School Lunch Act. // 42 USC 1759a.
// Pursuant to those State eligibility standards, a school, upon the
submission of appropriate documentation about the need circumstances in
that school and the school's eligibility for additional assistance,
shall be entitled to receive 100 percent of the operating costs of the
breakfast program, including the costs of obtaining, preparing, and
serving food, or the meal reimbursement rate specified in paragraph (2)
of section 4(b) of this Act, // 42 USC 1773. // whichever is less.".
Sec. 13. The National School Lunch Act is amended by adding at the
end thereof a new section 21 as follows:
" Sec. 21. In carrying out functions under this Act // 42 USC 1769a.
// and the Child Nutrition Act of 1966, // 42 USC 1771 // the Secretary
shall reduce, to the maximum extent possible, the paperwork required of
State and local educational agencies, schools, and other agencies
participating in child nutrition programs under such Acts. The Secretary
shall report to Congress no later that one year after the date of
enactment of this section on the extent to which a reduction in such
paperwork has occured.".
Sec. 14. Section 7 of the Child Nutrition Act of 1966 // 42 USC 1776.
// is amended to read as follows:
" Sec. 7. (a) (1) The Secretary shall pay to each State for its
administrative costs incurred pursuant to the adminstration of this Act
and the National School Lunch Act // 42 USC 1751 // for the fiscal year
ending September 30, 1978, an amount equal to 1 percent, and for each of
the fiscal years ending September 30, 1979, and September 30, 1980, an
amount not less that 1 percent and not greater than 11/2 percent of the
funds used by each State under sections 4, 11, and 17 of the National
School Lunch Act // 42 USC 1772 - 1775. // and under sections 3, 4, and
5 of this Act // 42 USC 1753, 1759a, 1766. // during the second fiscal
year preceding the fiscal year for which the amounts are to be paid:
Provided, That in no case shall the payment to any State under this
section be less that $75,000 per year nor shall any State receive less
than the amount allocated to it for fiscal year 1977. The percentages
specified in the foregoing sentence shall apply only to the first
$100,000,000 in funds used under the prescribed sections of law. For
those funds used that exceed $100,000,000,the Secretary shall pay an
amount equal to 1 percent of such funds.
"(2) The Secretary shall make available to States administering the
child care food program, for the purpose of conducting audits of
participating child care institutions, an amount up to 2 percent of the
funds used by each State under section 17 of the National School Lunch
Act // 42 USC 1766. // during the second fiscal year preceding the
fiscal year for which the amount is to be paid.
"(d) The Secretary, in cooperation with the several States, shall
develop State staffing standards for the administration by each State of
section 4, 11, and 17 of the National School Lunch Act, // 42 USC 1753,
1759a, 1766. // and sections 3,4, and 5 of this Act, // 42 USC 1772 -
1775. // that will ensure sufficient staff for the planning and
administration of programs covered by the State administrative expenses.
"(c) Funds paid to a State under subsection (a) of this section may
be used to pay salaries, including employee benefits and travel
expenses, for administrative and supervisory personnel; for support
services; for office equipment; and for staff development.
"(d) If any State agency agrees to assume responsibility for the
administration of food service programs in nonprofit private schools or
child care institutions that were previously administered by the
Secretary, an appropriate adjustment shall be made in the administrative
funds paid under this section to the State not later than the succeeding
fiscal year.
"(e) Notwithstanding any other provision of law, funds available to
each State under this section for fiscal year 1978 that are not
obligated or expended in that fiscal year shall remain available for
obligation and expenditure by that State in fiscal year 1979. For
fiscal year 1979, and the succeeding fiscal year, the Secretary shall
establish a date by which each State shall submit to the Secretary a
plan for the disbursement of funds provided under this section for each
such year, and the Secretary shall reallocate any unused funds, as
evidenced by such plans, to other States as the Secretary deems
appropriate.
"(f) The State may use a portion of the funds available under this
section to assist in the administration of the commodity distribution
program.
"(g) Each State shall submit to the Secretary for approval by October
1 of each year an annual plan for the use of State administrative
expense funds, including a staff formula for State personnel, system
level supervisory and operating personnel, and school level personnel.
"(h) Payments of funds under this section shall be made only to
States that agree to maintain a level of funding out of State revenues,
for administrative costs in connection with programs under this Act
(except section 17 of this Act) // 42 USC 1786. // and the National
School Lunch Act // 4i USC 1761. // (except section 13 of that Act),
not less than the amount expended or obligated in fiscal year 1977.
"(i) For the fiscal years beginning October 1,1977, and ending
September 30, 1980, there are hereby authorized to be appropriated such
sums as maybe necessary for the purposes of this section.".
Sec. 15. The Child Nutriton Act of 1966 is amended by adding at the
end thereof a new section 19 as follows:
" Sec. 19. (a) // 42 USC 1788. // Congress finds that--,
"(1) the proper nutrition of the Nation's children is a matter of
highest priority;
"(2) the lack of understanding of the principles of good nutrition
and their relationship to health can contribute to a child's rejection
of highly nutritious foods and consequent plate waste in school food
service operations;
"(3) many school food service personnel have not had adequate
training in food service management skills and principles, and many
teachers and school food service operators have not had adequate
training in the fundamentals of nutrition or how to convey this
information so as to motivate children to practice sound eating habits;
"(4) parents exert a significant influence on children in the
development of nutritional habits and lack of nutritional knowledge on
the part of parents can have detrimental effects on children's
nutritional development; and
"(5) there is a need to create opportunities for children to learn
about the importance of the principles of good nutrition in their daily
lives and how these principles are applied in the school cafeteria.
"(b) It is the purpose of this section to encourage effective
dissemination of scientifically valid information to children
participating or eligible to participate in the school lunch and related
child nutrition programs by establishing a system of grants to States
educational agencies for the development of comprehensive nutrition
information and education programs. Such nutrition education programs
shall fully use as a learning laboratory the school lunch and child
nutrition programs.
"(c) For purposes of this section, the term 'nutrition information
and education program' means a multidisciplinary program by which
scientifically valid information about foods and nutritients is imparted
in a manner that individuals receiving such information will understand
the principles of nutrition and seek to maximize their well-being
through food consumption practices. Nutrition education programs shall
include, but not be limited to, (A) instructing students with regard to
the nutritional value of foods and the relationship in between food and
human health; (B) training school food service management; (C)
instructing teachers in sound principles of nutrition education; and
(D) developing and using classroom materials and curricula.
"(d) (1) The Secretary is authorized to formulate and carry out a
nutrition information and education program, through a system of grants
to State educational agencies, to provide for (A) the nutritional
training of educational and food service personnel (B) the food service
management training of school food service personnel, and (C) the
conduct of nutrition education activities in schools and child care
institutions.
"(2) The program is to be coordinated at the State level with other
nutrition activities conducted by education, health, and State
Cooperative Extension Service agencies. In formulating the program, the
Secretary and the State may solicit the advice and recommendations of
the National Advisory Council on Child Nutrition; State educational
agencies; the Department of Health, Education, and Welfare; and other
interested groups and individuals concerned with improvement of child
nutrition.
"(3) If a State educational agency is conducting or applying to
conduct a health education program which includes a school-related
nutrition education component as defined by the Secretary, and that
health education program is eligible for funds under programs
administered by the Department of health, Education, and Welfare, the
Secretary may make funds authorized in this section available to the
Department of Health, Education, and Welfare to fund the nutrition
education component of the State program without requiring an additional
grant application.
"(4) The Secretary, in carrying out the provisions of this
subsection, shall make grants to State educational agencies who, in
turn, may contract with land-grant colleges eligible to receive funds
under the Act of July 2, 1862 (12 Stat. 503, as amended; 7 U.S.C. 301
- 305, 307, and 308), or the Act of August 30, 1890 (26 Stat. 417, as
amended; 7 U.S.C. 321 - 326 and 328), including the Tuskegee Institute,
other institutions of higher education, and nonprofit organizations and
agencies, for the training of educational and school food service
personnel with respect to providing nutrition education programs in
schools and the training of school food service personnel in school food
service management. Such grants may be used to develop and conduct
training programs for early childhood, elementary, and secondary
educational personnel and food service personnel with respect to the
relationship between food, nutrition, and health; educational methods
and techniques and issues relating to nutrition education; and
principles and skills of food service management for cafeteria
personnel.
"(5) The State, carrying out the provisions of this subsection, may
contract with State and local educational agencies, land-grant colleges
elgible to receive funds under the Act of July 2, 1862 (12 Stat. 503, as
amended; 7 U.S.C. 301 - 305, 307, and 308),or the act of August 30,
1890 (26 Stat. 417, as amended; 7 U.S.C. 321 - 326 and 328), including
the Tuskegee Institute, other institutions of higher education, and
other public or private nonprofit educational or research agencies,
institutions, or organizations to pay the cost of pilot demonstration
projects in elementary and secondary schools with respect to nutrition
education. Such projects may include, but are not limited to, projects
for the development, demonstration, testing, and evaluation of curricula
for use in early childhood, elementary, and secondary education
programs.
"(6) Notwithstanding any other provision of this section, if, in any
State, the State educational agency is prohibited by law from
administering the program authorized by this section in nonprofit
private schools and institutions, the Secretary may administer the
program with respect to such schools and institutions.
"(e) The Secretary is authorized to enter into agreeements with State
educational agencies incorporating the provisions of this section, and
issue such regulatons as are necessary to implement this section.
"(f) (1) The funds made available under this section may, under
guidelines established by the Secretary, be used by State educational
agencies for (A) employing a nutrition education specialist to
coordinate the program, including travel and relate personnel costs;
(B) undertaking an assessment of the nutrition education needs of the
State;(C) developing a State plan of operation and management for
nutrition education; (D) applying for and carrying out planning and
assessment grants; (E) pilot products and related purposes; (F) the
planning development, and conduct of nutrition education programs and
workshops for food service and educational personnel; (G) coordinating
and promoting nutrition information and education activities in local
school district (incorporating, to the maximum extent practicable, as a
learning laboratory, the child nutrition programs); (H) contracting
with public and private nonprofit educational institutions for the
conduct of nutrition education instruction and programs relating to the
purposes of this section; and (i) related nutrition education purposes,
including the preparation, testing, distribution, and evaluation of
visual aids and other informational and educational materials.
"(2) Any State desiring to receive grants authorized by this section
may, from the funds appropriated to carry out this section, receive a
planning and assessment grant for the purposes of carrying out the
responsibilities described in clauses (A), (B), (C), and (D) of
paragraph (1) of this subsection. Any State receiving a planning and
assessment grant, may, during the first year of participation, be
advanced a portion of the funds necessary to carry out such
responsibilities: Provided, That in order to receive additional
funding, the State must carry out such responsibilities.
"(3) An amount not to exceed 15 percent of each State's grant may be
used for up to 50 percent of the expenditures for overall administrative
and supervisory purposes in connection with the program authorized under
this section.
"(4) Nothing in this section shall prohibit State or local
educational agencies from making available or distributing to adults
nutrition education materials, resources, activities, or programs
authorized under this section.
"(g) (1) State educational agencies participating in programs under
this section shall keep such accounts and records as may be necessary to
enable the Secretary to determine whether there has been compliance with
this section and the regulations issued hereunder. Such accounts and
records shall at all times be availble for inspection and audit by
representatives of the Secretary and shall be preserved for such period
of time, not in excess of five years, as the Secretary determines to be
necessary.
"(2) State educational agencies shall provide reports on expenditures
of Federal funds, program partcipation, program costs, and related
matters, in such form and at such time as the Secretary may prescribe.
"(h) (1) In order to be eligible for assistance under this section, a
State shall appoint a nutrition education specialist to serve as a State
coordinator for school nutrition education. It shall be the
responsibility of the State coordinator to make an assessment of the
nutrition education needs in the State as provided in paragraph (2) of
this subsection, prepare a State plan as provided in paragraph (3) of
this subsection, and coordinate programs under this Act with all other
nutrition education programs provided by the State with Federal or State
funds.
"(2) Upon receipt of funds authorized by this section, the State
coordinator shall prepare an itemized budget and assess the nutrition
education needs of the State. Such assessment shall include, but not be
limited to, the indentification and location of all students in need of
nutrition education. The assessment shall also identify State and local
individual, group, and institutional resources within the State for
materials, facilities, staffs, and methods related to nutrition
education
"(3) Within nine months after the award of the planning and
assessment grant, the State coordinator shall develop, prepare, and
furnish the Secretary, for approval, a comprehensive plan for nutrition
education with such State The Secretary shall act on such plan not later
than sixty days after it is received. Each such plan shall describe (A)
the findings of the nutrition education needs assessment within the
State; (B) provisions for coordinating the nutrition education program
carried out with funds made available under this section with any
related publicly supported programs being carried out within the State;
(C) plans for soliciting the adivce and recommendation of the National
Advisory Council on Child Nutrition, the State educational agency,
interested teachers, food nutrition professionals and paraprofessionals,
school food service personnel, administrators, representatives from
consumer groups, parents, and other individuals concerned with
improvement of child nutrition; (D) plans for reaching all students in
the State with instruction in the nutritional value of foods and the
relationships among food, nutrition, and health, for training food
service personnel in the principles and skills of food service
management, and for instructing teachers in sound principles of
nutrition education; and (E) plans for using, on a priority basis, the
resources of the land-grant colleges eligible to receive funds under the
Act of July 2, 1962 (12 Stat. 503; 7 U.S.C. 301 - 305, 307, and 308),
or the Act of August 30, 1890 (26 Stat. 417, as amended;7 U.S.C. 321 -
326 and 328), including the Tuskegee Institute. To the maximum extent
practicable, the State's performance under such plan shall be reviewed
and evaluated by the Secretary on a regular basis, including the use of
public hearings.
"(j) (1) For the fiscal years beginning October 1,1977, and October
1, 1978, grants to the States for the condct of nutrition education and
information programs shall be based on a rate of 50 cents for each child
enrolled in schools or in institutions within the State, except that no
State shall receive an amount less than $75,000 per year.
"(2) For the fiscal year beginning October 1,1979, there is hereby
authorized to be appropriated for grants to each State for the conduct
of nutrition education and information programs an amount equal to the
higher of (A) 50 cents for each child enrolled in schools or in
institutions within each State, or (B)$75,000 for each State. Grants to
each State from such appropriations shall be based on a rate of 50 cents
for each child enrolled in schools or in institutions within such State,
except that no State shall receive an amount less than $75,000 for that
year. If funds appropriated for such year are insufficient to pay the
pay the amount to which each State is entitled under the preceding
sentence, the amount of such grant shall be ratably reduced to the
extent necessary so that the total of such amounts paid does not exceed
the amount of appropriated funds. If additional funds become available
for making such payments, such amounts shall be increased on the same
basis as they were reduced.
"(3) Enrolled data used for purposes of this subsection shall be the
latest available as certified by the Office of Education of the
Department of Health, Education, and Welfare.".
Sec. 16. Section 15 of the National School Lunch Act // 42 USC 1763.
// is amended by--,
(1) striking out in the first sentence fifteen" and inserting
in lieu thereof "nineteen";
(2) inserting immediately after "classroom teacher," in the
second sentence the following: "two members shall be parents
of children in schools that participate in the school lunch
program under this Act, two members shall be senior high school
students who participate in the school lunch program under this
Act,";
(3) amending subsection (b) to read as follows:
"(b) The fifteen members of the Council appointed from outside the
Department of Agriculture shall beappointed for terms to two years,
except that the appointments for 1978 shall be made as follows: Two
replacements, one parent, and one senior high school student shall be
appointed for terms of two years; and two replacements, one parent, and
one senior high school student shall be appointed for terms of one year.
Thereafter, all appointments shall be for a term of two years, except
that a person appointed to fill an unexpired term shall serve only for
the remainder of such term. Parents and senior high school students
appointed to the Council shall be members of State or school district
child nutrition councils or committees actively engaged in providing
program advice and guidance to school officials administering the school
lunch program. Such appointments shall be made in a manner to balance
rural and urban representation between parents and students. Members
appointed from the Department of Agriculture shall serve at the pleasure
of the secretary."; and
(4) striking in lieu thereof the following:": Provided, That
members serving as parents, in addition to reimbursement for necessary
travel and subsistence, shall, at the discretion of the Secretary, be
compensated or other personal expenses related to participation on the
Council, such as child care expenses and lost wages during schelduled
Council meetings.".
Sec. 17. Section 10 of the Child Nutrition Act of 1966 // 4i USC
1779. // is amended by inserting "approved by the Secretary" after
"competitive foods in the second sentence.
Sec. 18. Section 17 (h) (8) of the Child Nutrition Act of 1966 // 4i
USC 1779. // is amended by striking out the period at the end thereof
and inserting in lieu thereof the following:": Provided, That parent
recipient members if the Council, in addition to reimbursement for
necessary travel and subsistence, shall, at the discretion of the
Secretary, be compensated for other personal expensed related to
participation on the Council, such as child care expenses and lost wages
during scheduled Council meetings.".
Sec. 19. Effective July 1, 1977 the National School Lunch Act is
amended by--,
(a) striking out "fiscal" and third time that word appears in section
6(e) of the Act // 42 USC 1755. // and inserting in lieu thereof
"school";
(b) amending section 7 of the Act follows:
(1) by amending the first sentence to read as follows: "
Funds
appropriated to carry out section 4 or 5
// 42 USC 1756. 42 USC 1753, 1754. //
during any fiscal year shall be available for payment to the
States for disbursement by State educational agencies, in
accordance with such agreements, not inconsistent with the
provisions of this Act, as may be entered into by the Secretary
and such State educational agencies, for the purpose of assisting
schools of the States in supplying (1) agricultural commodities
and other foods for consumption by children and (2) food service
equipment assistance in furtherance of the school lunch program
authorized under this Act.";
(2) by striking out "fiscal" the second time that word appears
in the third sentence and inserting in lieu thereof "fiscal or
school";
(3) by striking out "fiscal" in the fourth sentence and
inserting in lieu thereof "fiscal or school";
(4) by amending the sixth sentence to read as follows: " For
the school year beginning in 1976, State revenue (other than
revenues derived from the program ) appropriated or used
specifically for program purposed (other than salaries and
administrative expenses at the State, as distinguished from local,
level) shall constitute at least 8 percent of the matching
requirement for the preceding school year, or, at the discretion
of the Secretary, fiscal year, and for each school year
thereafter, at least 10 percent of the matching requirement for
the preceding school year.";
(c) inserting at the end of section 12(d) of the Act // 42 USC 1760
// a new paragraph (7) as follows:
"(7) ' School year' means the annual period determined in
accordance with regulations issued by the Secretary."; and
(d) striking out "fiscal year" each time that phrase appears in the
last sentence of section 17(c) of the Act // 42 USC 1766 // and
inserting in lieu thereof "school year".
Sec. 20 Effective July 1, 1977, the Child Nutrition Act of 1966 is
amended by--,
(1) striking out "thereafter, beginning with the fiscal year
ending June 30, 1976," in the sixth sentence of section 3 of the
Act;
(3) striking out "fiscal" the first and second time that word
appears in section 5(b) of the Act
// 42 USC 1774. //
and inserting in lieu thereof "school";
(4) striking out "fiscal" each place that word appears in
section 5(d) of the Act and inserting in lieu thereof "school";
(5) inserting at the end of section 15 of the Act
// 42 USC 1784. //
the following new paragraph (e):
"(e) ' School year' means the annual period determined in accordance
with regulations issued by the Secretary."; and
(6) striking out "by January 1 of each year (by December 1 in
the case of fiscal year 1976)" in the second sentence of section
17(d) of the Act
// 42 USC 1786. //
and inserting in lieu thereof "each year by not later than a date
specified by the Secretary".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 281 (Comm on Education and Labor) and No.
95 - 708
(Comm. of Conference).
SENATE REPORTS: No. 95 - 277 accompanying S. 1420 (Comm. on
Agriculture,
Nurtition, and Forestry) and No. 95 - 504 (Comm. of
Conference).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 18, considered and passed House.
June 30, considered and passed Senate, amended, in lieu of S.
1420.
Oct. 27, House agreed to conference report.
Oct. 28, Senate agreed to conference report.
PUBLIC LAW 95-165, 91 STAT. 1323
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of the Government for the
fiscal year 1978, namely:
Sec. 101. Such amounts as may be necessary for continuing projects
or activities which were conducted in the fiscal year 1977, and for
which appropriations, funds, or other authority would be available in
the District of Columbia Appropriations Act, 1978 (H.R. 9005) as passed
the House of Representatives or the Senate, but at a rate of operations
not in excess of the current rate: Provided, That the Advisory
Neighborhood Commissions shall be contained at an annual rate of not to
exceed $500,000: Provided, further, That the rate of operations for the
Disaster Loan Fund of the Small Business Administration contained in
said Act shall be the rate as passed the Senate.
Such amounts as may be necessary for projects or activities provided
for in the Departments of Labor, and Health, Education, and Welfare, and
Related Agencies Appropriation Act, 1978 (H.R. 7555), at a rate of
operations, and to the extent and in the manner, provided for in such
Act as modified by the House of Representatives on August 2, 1977,
notwithstanding the provisions of section 106 of this joint resolution.
Sec. 102. Appropriations and funds made available and authority
granted pursuant to this joint resolution shall be available from
November 1, 1977, and shall remain available until (a) enactment into
law of an appropriation for any project or activity provided for in this
joint resolution, or (b) November 30, 1977, whichever first occurs.
Sec. 103. Appropriations and fundsmade available or authority
granted pursuant to this joint resolution may be used without regard to
the time limitations for submission and approval of apportionments set
forth in 31 U.S.C. 665(d) (2), but nothing herein shall be construed to
waive any other provision of law governing the apportionment of funds.
Sec. 104. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such project are available under this joint resolution.
Sec. 105. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 106. No appropriation or fund made available or authority
granted pursuant to this joint resolution shall be used to intiate or
resume any project or activity for which appropriations, funds, or other
authority were not available during the fiscal year 1977.
Sec. 107. All obligations incurred in anticipation of the
appropriations and authority provided in this joint resolution are
hereby ratified and confirmed if otherwise in accordance with the
provisions of this joint resolution.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 792 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 123 (1977):
Nov. 3, considered and passed House.
Nov. 4, considered and passed Senate.
PUBLIC LAW 95-164, 91 STAT. 1290, FEDERAL MINE SAFETY AND HEALTH
AMENDMENTS ACT OF 1977
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 " Federal Mine Safety and Health Amendments Act of 1977".
// 30 USC 801 note. //
Sec. 101. The first section of the Federal Coal Mine Health and
Safety Act of 1969 // 30 USC 801 note. // is amended to read as
follows: " That this Act may be cited as the ' Federal Mine Safety and
Health Act of 1977'"
Sec. 102. (a)(1) Section 2 of the Federal Coal Mine Health and
Safety Act of 1969 // 30 USC 801. // is amended by inserting "or other"
immediately after "coal" wherever it appears.
(2) Section 2(g)(1) of such Act is amended by striking out "the
Interior" and inserting in lieu thereof " Labor".
(b)(1) Section 3(a) of such Act // 30 USC 802. // is amended by
striking out "the Interior" and inserting in lieu thereof " Labor".
(2) Section 3(d) of such Act is amended by striking the semicolon at
the end thereof, and inserting in lieu thereof "or any independent
contractor performing services or construction at such mine;".
(3) Section 3(h) of such Act is amended to read as follows:
"(h)(1) 'coal or other mine' means (A) an area of land from
which minerals are extracted in nonliquid form or, if in liquid
form, are extracted with workers underground, (B) private ways and
roads appurtenant to such area, and (C) lands, excavations,
underground passageways, shafts, slopes, tunnels and workings,
structures, facilities, equipment, machines, tools, or other
property including impoundments, retention dams, and tailings
ponds, on the surface or underground, used in, or to be used in,
or resulting from, the work of extracting such minerals from their
natural deposits in nonliquid form, or if in liquid form, with
workers underground, or used in, or to be used in, the milling of
such minerals, or the work of preparing coal or other minerals,
and includes custom coal preparation facilities. In making a
determination of what constitutes mineral milling for purposes of
this Act, the Secretary shall give due consideration to the
convenience of administration resulting from the delegation to one
Assistant Secretary of all authority with respect to the health
and safety of miners employed at one physical establishment;
"(2) For purposes of titles II, III, and IV,
// 30 USC 841, 861, 901. //
'coal mine' means an area of land and all structures, facilities,
machinery, tools, equipment, shafts, slopes, tunnels, excavations,
and other property, real or personal, placed upon, under, or above
the surface of such land by any person, used in, or to be used in,
or resulting from, the work of extracting in such area bituminous
coal, lignite, or anthracite from its natural deposits in the
earth by any means or method, and the work of preparing the coal
so extracted, and includes custom coal preparation facilities;".
(4) Section 3(d), (e), (g), and (j) of such Act // 30 USC 802. //
are each amended by inserting "or other" immediately after "coal"
wherever it appears.
(5) Section 3 of such Act is amended by striking out "and" at the end
of paragraph (1), by striking out the period at the end of paragraph (m)
and inserting in lieu thereof "; and", and by adding at the end thereof
the following new paragraphs:
"(n) ' Administration' means the Mine Safety and Health
Administration in the Department of Labor.
"(o) ' Commission' means the Federal Mine Safety and Health Review
Commission.".
(c) Section 4 of such Act // 30 USC 803. // is amended by inserting
"or other" immediately after "coal".
(d) Section 5(c) of such Act // 30 USC 804. // is amended by
striking out " Labor" and inserting in lieu thereof "the Interior".
Sec. 201. Title I of the Federal Coal Mine Helath and Safety Act of
1969 is amended to read as follows:
" Sec. 101. // 30 USC 811. // (a) The Secretary shall by rule in
accordance with procedures set forth in this section and in accordance
with section 553 of title 5, United States Code (without regard to any
reference in such section to sections 556 and 557 of such title),
develop, promulgate, and revise as may be appropriate, improved
mandatory health or safety standards for the protection of life and
prevention of injuries in coal or other mines.
"(1) Whenever the Secretary, upon the basis of information submitted
to him in writing by an interested person, a representative of any
organization of employers or employees, a nationally recognized
standards-producing organization, the Secretary of Health, Education,
and Welfare, the National Institute for Occupational Safety and Health,
or a State or political subdivision, or on the basis of information
developed by the Secretary or otherwise available to him, determines
that a rule should be promulgated in order to serve the objectives of
this Act, the Secretary may request the recommendation of an advisory
committee appointed under section 102(c). The Secretary shall provide
such an advisory committee with any proposals of his own or of the
Secretary of Health, Education, and Welfare, together with all pertinent
factual information developed by the Secretary or the Secretary of
Health, Education, and Welfare, or otherwise available, including the
results of research, demonstrations, and experiments. An advisory
committee shall submit to the Secretary its recommendations regarding
the rule to be promulgated within 60 days from the date of its
appointment or within such longer or shorter period as may be prescribed
by the Secretary, but in no event for a period which is longer than 180
days. When the Secretary receives a recommendation, accompanied by
appropriate criteria, from the National Institute for Occupational
Safety and Health that a rule be promulgated, modified, or revoked, the
Secretary must, within 60 days after receipt thereof, refer such
recommendation to an advisory committee pursuant to this paragraph, or
publish such as a proposed rule pursuant to paragraph (2), or publish in
the Federal Register his determination not to do so, and his reasons
therefor. The Secretary shall be required to request the
recommendations of an advisory committee appointed under section 102(c)
if the rule to be promulgated is, in the discretion of the Secretary
which shall be final, new in effect or application and has significant
economic impact.
"(2) The Secretary shall publish a proposed rule promulgating,
modifying, or revoking a mandatory health or safety standard in the
Federal Register. If the Secretary determines that a rule should be
proposed and in connection therewith has appointed an advisory committee
as provided by paragraph (1), the Secretary shall publish a proposed
rule, or the reasons for his determination not to publish such rule,
within 60 days following the submission of the advisory committee's
recommendation or the expiration of the period of time prescribed by the
Secretary in such submission. In either event, the Secretary shall
afford interested persons a period of 30 days after any such publication
to submit written data or comments on the proposed rule. Such comment
period may be extended by the Secretary upon a finding of good cause,
which the Secretary shall publish in the Federal Register. Publication
shall include the text of such rules proposed in their entirety, a
comparative text of the proposed changes in existing rules, and shall
include a comprehensive index to the rules, cross-referenced by subject
matter.
"(3) On or before the last day of the period provided for the
submission of written data or comments under paragraph (2), any
interested person may file with the Secretary written objections to the
proposed mandatory health or safety standard, stating the grounds
therefor and requesting a public hearing on such objections. Within 60
days after the last day for filing such objections, the Secretary shall
publish in the Federal Register a notice specifying the mandatory health
or safety standard to which objections have been filed and a hearing
requested, and specifying a time and place for such hearing. Any
hearing under this subsection for the purpose of hearing relevant
information shall commence within 60 days after the date of publication
of the notice of hearing. Hearings required by this subsection shall be
conducted by the Secretary, who may prescribe rules and make rulings
concerning procedures in such hearings to avoid unnecessary cost or
delay. Subject to the need to avoid undue delay, the Secretary shall
provide for procedures that will afford interested parties the right to
participate in the hearing, including the right to present oral
statements and to offer written comments and data. The Secretary may
require by subpoena the attendance of witnesses and the production of
evidence in connection with any proceeding initiated under this section.
If a person refuses to obey a subpoena under this subsection, a United
States district court within the jurisdiction of which a proceeding
under this subsection is conducted may, upon petition by the Secretary,
issue an order requiring compliance with such subpoena. A transcript
shall be taken of any such hearing and shall be available to the public.
"(4)(A) Within 90 days after certification of the record of the
hearing held pursuant to paragraph (3), the Secretary shall by rule
promulgate, modify, or revoke such mandatory health or safety standards,
and publish his reasons therefor.
"(B) In the case of a proposed mandatory health or safety standard to
which objections requesting a public hearing have not been filed, the
Secretary, within 90 days after the period for filing such objections
has expired, shall by rule promulgate, modify, or revoke such mandatory
standards, and publish his reasons therefor.
"(C) In the event the Secretary determines that a proposed mandatory
health or safety standard should not be promulgated he shall, within the
times specified in subparagraphs (A) and (B) publish his reasons for his
determination.
"(5) Any mandatory health or safety standard promulgated as a final
rule under this section shall be effective upon publication in the
Federal Register unless the Secretary specifies a later date.
"(6)(A) The Secretary, in promulgating mandatory standards dealing
with toxic materials or harmful physical agents under this subsection,
shall set standards which most adequately assure on the basis of the
best available evidence that no miner will suffer material impairment of
health or functional capacity even if such miner has regular exposure to
the hazards dealt with by such standard for the period of his working
life. Development of mandatory standards under this subsection shall be
based upon research, demonstrations, experiments, and such other
information as may be appropriate. In addition to the attainment of the
highest degree of health and safety protection for the miner, other
considerations shall be the latest available scientific data in the
field, the feasibility of the standards, and experience gained under
this and other health and safety laws. Whenever practicable, the
mandatory health or safety standard promulgated shall be expressed in
terms of objective criteria and of the performance desired.
"(B) The Secretary of Health, Education, and Welfare, as soon as
possible after the date of enactment of the Federal Mine Safety and
Health Amendments Act of 1977 but in no event later than 18 months after
such date and on a continuing basis thereafter, shall, for each toxic
material or harmful physical agent which is used or found in a mine,
determine whether such material or agent is potentially toxic at the
concentrations in which it is used or found in a mine. The Secretary of
Health, Education, and Welfare shall submit such determinations with
respect to such toxic substances or harmful physical agents to the
Secretary. Thereafter, the Secretary of Health, Education, and Welfare
shall submit to the Secretary all pertinent criteria regarding any such
substances determined to be toxic or any such harmful agents as such
criteria are developed. Within 60 days after receiving any criteria in
accordance with the preceding sentence relating to a toxic material or
harmful physical agent which is not adequately covered by a mandatory
health or safety standard promulgated under this section, the Secretary
shall either appoint an advisory committee to make recommendations with
respect to a mandatory health or safety standard covering such material
or agent in accordance with paragraph (1), or publish a proposed rule
promulgating such a mandatory health or safety standard in accordance
with paragraph (2), or shall publish his determination not to do so.
"(7) Any mandatory health or safety standard promulgated under this
subsection shall prescribe the use of labels or other appropriate forms
of warning as are necessary to insure that miners are apprised of all
hazards to which they are exposed, relevant symptoms and appropriate
emergency treatment, and proper conditions and precautions of safe use
or exposure. Where appropriate, such mandatory standard shall also
prescribe suitable protective equipment and control or technological
procedures to be used in connection with such hazards and shall provide
for monitoring or measuring miner exposure at such locations and
intervals, and in such manner so as to assure the maximum protection of
miners. In addition, where appropriate, any such mandatory standard
shall prescribe the type and frequency of medical examinations or other
tests which shall be made available, by the operator at his cost, to
miners exposed to such hazards in order to most effectively determine
whether the health of such miners is adversely affected by such
exposure. Where appropriate, the mandatory standard shall provide that
where a determination is made that a miner may suffer material
impairment of health or functional capacity by reason of exposure to the
hazard covered by such mandatory standard, that miner shall be removed
from such exposure and reassigned. Any miner transferred as a result of
such exposure shall continue to receive compensation for such work at no
less than the regular rate of pay for miners in the classification such
miner held immediately prior to his transfer. In the event of the
transfer of a miner pursuant to the preceding sentence, increases in
wages of the transferred miner shall be based upon the new work
classification. In the event such medical examinations are in the
nature of research, as determined by the Secretary of Health, Education,
and Welfare, such examinations may be furnished at the expense of the
Secretary of Health, Education, and Welfare. The results of
examinations or tests made pursuant to the preceding sentence shall be
furnished only to the Secretary or the Secretary of Health, Education,
and Welfare, and, at the request of the miner, to his designated
physician.
"(8) The Secretary shall, to the extent practicable, promulgate
separate mandatory health or safety standards applicable to mine
construction activity on the surface.
"(9) No mandatory health or safety standard promulgated under this
title shall reduce the protection afforded miners by an existing
mandatory health or safety standard.
"(b)(1) The Secretary shall provide, without regard to the
requirements of chapter 5, title 5, United States Code, for an emergency
temporary mandatory health or safety standard to take immediate effect
upon publication in the Federal Register if he determines (A) that
miners are exposed to grave danger from exposure to substances or agents
determined to be toxic or physically harmful, or to other hazards, and
(B) that such emergency standard is necessary to protect miners from
such danger.
"(2) A temporary mandatory health or safety standard shall be
effective until superseded by a mandatory standard promulgated in
accordance with the procedures prescribed in paragraph (3) of this
subsection.
"(3) Upon publication of such standard in the Federal Register, the
Secretary shall commence a proceeding in accordance with section 101(
a), and the standards as published shall also serve as a proposed rule
for the proceeding. The Secretary shall promulgate a mandatory health
or safety standard under this paragraph no later than nine months after
publication of the emergency temporary standard as provided in paragraph
(2).
"(c) Upon petition by the operator or the representative of miners,
the Secretary may modify the application of any mandatory safety
standard to a coal or other mine if the Secretary determines that an
alternative method of achieving the result of such standard exists which
will at all times guarantee no less than the same measure of protection
afforded the miners of such mine by such standard, or that the
application of such standard to such mine will result in a diminution of
safety to the miners in such mine. Upon receipt of such petition the
Secretary shall publish notice thereof and give notice to the operator
or the representative of miners in the affected mine, as appropriate,
and shall cause such investigation to be made as he deems appropriate.
Such investigation shall provide an opportunity for a public hearing at
the request of such operator or representative or other interested
party, to enable the operator or the representative of miners in such
mine or other interested party to present information relating to the
modification of such standard. Before granting any exception to a
mandatory safety standard, the findings of the Secretary or his
authorized representative shall be made public and shall be available to
the representative of the miners at the affected mine. The Secretary
shall issue a decision incorporating his findings of fact therein, and
send a copy thereof to the operator or the representative of the miners,
as appropriate. Any such hearing shall be of record and shall be
subject to section 554 of title 5 of the United States Code.
"(d) Any person who may be adversely affected by a mandatory health
or safety standard promulgated under this section may, at any time prior
to the sixtieth day after such standard is promulgated, file a petition
challenging the validity of such mandatory standard with the United
States Court of Appeals for the District of Columbia Circuit or the
circuit wherein such person resides or has his principal place of
business, for a judicial review of such standard. A copy of the
petition shall be forthwith transmitted by the clerk of the court to the
Secretary. The filing of such petition shall not, unless otherwise
ordered by the court, operate as a stay of the standard. No objection
that has not been urged before the Secretary shall be considered by the
court, unless the failure or neglect to urge such objection shall be
excused for good cause shown. The validity of any mandatory health or
safety standard shall not be subject to challenge on the grounds that
any of the time limitations in this section have been exceeded. The
procedures of this subsection shall be the exclusive means of
challenging the validity of a mandatory health or safety standard.
"(e) The Secretary shall send a copy of every proposed mandatory
health or safety standard or regulation at the time of publication in
the Federal Register to the operator of each coal or other mine and the
representative of the miners at such mine and such copy shall be
immediately posted on the bulletin board of the mine by the operator or
his agent, but failure to receive such notice shall not relieve anyone
of the obligation to comply with such standard or regulation.
" Sec. 102. // 30 USC 812. // (a)(1) The Secretary of the Interior
shall appoint an advisory committee on coal or other mine safety
research composed of--,
"(A) the Director of the Office of Science and Technology or
his delegate, with the consent of the Director;
"(B) the Director of the National Bureau of Standards,
Department of Commerce, or his delegate, with the consent of the
Director:
"(C) the Director of the National Science Foundation, or his
delegate, with the consent of the Director; and
"(D) such other persons as the Secretary of the Interior may
appoint who are knowledgeable in the field of coal or other mine
safety research.
the Secretary of the Interior shall designate the chairman of the
committee.
"(2) The advisory committee shall consult with, and make
recommendations to, the Secretary of the Interior on matters involving
or relating to coal or other mine safety research. The Secretary of the
Interior shall consult with, and consider the recommendations of, such
committee in the conduct of such research, the making of any grants, and
the entering into of contracts for such research.
"(3) The chairman of the committee and a majority of the persons
appointed by the Secretary of the Interior pursuant to paragraph (1) (D)
shall be individuals who have no economic interests in the coal or other
mining industry, and who are not operators, miners, or officers or
employees of the Federal Government or any State or local government.
"(b)(1) The Secretary of Health, Education, and Welfare shall appoint
an advisory committee on coal or other mine health research composed
of--,
"(A) the Director, Bureau of Mines, or his delegate, with the
consent of the Director;
"(B) the Director of the National Science Foundation, or his
delegate, with the consent of the Director;
"(C) the Director of the National Institutes of Health, or his
delegate, with the consent of the Director; and
"(D) such other persons as the Secretary of Health, Education,
and Welfare may appoint who are knowledgeable in the field of coal
or other mine health research.
The Secretary of Health, Education, and Welfare shall designate the
chairman of the committee.
"(2) The advisory committee shall consult with, and make
recommendations to, the Secretary of Health, Education, and Welfare on
matters involving or relating to coal or other mine health research.
The Secretary of Health, Education, and Welfare shall consult with, and
consider the recommendations of, such committee in the conduct of such
research, the making of any grants, and the entering into of contracts
for such research.
"(3) The chairman of the committee and a majority of the persons
appointed by the Secretary of Health, Education, and Welfare pursuant to
paragraph (1)(D) shall be individuals who have no economic interests in
the coal or other mining industry, and who are not operators, miners, or
officers or employees of the Federal Government or any State or local
government.
"(c) The Secretary or the Secretary of Health, Education, and Welfare
may appoint other advisory committees as he deems appropriate to advise
him in carrying out the provisions of this Act. The Secretary or the
Secretary of Health, Education, and Welfare, as the case may be, shall
appoint the chairman of each such committee. A majority of the members
(including the chairman) of any such advisory committee appointed
pursuant to this subsection shall be composed of individuals who have no
economic interests in the coal or other mining industry, and who are not
operators, miners, or officers or employees of the Federal Government or
any State or local government.
"(d) Advisory committee members, other than officers or employees of
Federal, State, or local governments, shall be, for each day (including
traveltime) during which they are performing committee business,
entitled to receive compensation at a rate fixed by the appropriate
Secretary but not in excess of the maximum rate of pay for grade GS--18
as provided in the General Schedule under section 5332 of title 5 of the
United States Code, // USC 5332 note. // and shall, notwithstanding the
limitations of sections 5703 and 5704 of title 5 of the United States
Code, be fully reimbursed for travel, subsistence, and related expenses.
" Sec. 103. // 30 USC 813. // (a) Authorized representatives of the
Secretary or the Secretary of Health, Education, and Welfare shall make
frequent inspections and investigations in coal or other mines each year
for the purpose of (1) obtaining, utilizing, and disseminating
information relating to health and safety conditions, the causes of
accidents, and the causes of diseases and physical impairments
originating in such mines, (2) gathering information with respect to
mandatory health or safety standards, (3) determining whether an
imminent danger exists, and (4) determining whether there is compliance
with the mandatory health or safety standards or with any citation,
order, or decision issued under this title or other requirements of this
Act. In carrying out the requirements of this subsection, no advance
notice of an inspection shall be provided to any person, except that in
carrying out the requirements of clauses (1) and (2) of this subsection,
the Secretary of Health, Education, and Welfare may give advance notice
of inspections. In carrying out the requirements of clauses (3) and (4)
of this subsection, the Secretary shall make inspections of each
underground coal or other mine in its entirety at least four times a
year, and of each surface coal or other mine in its entirety at least
two times a year. The Secretary shall develop guidelines for additional
inspections of mines based on criteria including, but not limited to,
the hazards found in mines subject to this Act, and his experience under
this Act and other health and safety laws. For the purpose of making
any inspection or investigation under this Act, the Secretary, or the
Secretary of Health, Education, and Welfare, with respect to fulfilling
his responsibilities under this Act, or any authorized representative of
the Secretary or the Secretary of Health, Education, and Welfare, shall
have a right of entry to, upon, or through any coal or other mine.
"(b) For the purpose of making any investigation of any accident or
other occurrence relating to health or safety in a coal or other mine,
the Secretary may, after notice, hold public hearings, and may sign and
issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and administer
oaths. Witnesses summoned shall be paid the same fees and mileage that
are paid witnesses in the courts of the United States. In case of
contumacy or refusal to obey a subpoena served upon any person under
this section, the district court of the United States for any district
in which such person is found or resides or transacts business, upon
application by the United States and after notice to such person, shall
have jurisdiction to issue an order requiring such person to appear and
give testimony before the Secretary or to appear and produce documents
before the Secretary, or both, and any failure to obey such order of the
court may be punished by such court as a contempt thereof.
"(c) The Secretary, in cooperation with the Secretary of Health,
Education, and Welfare, shall issue regulations requiring operators to
maintain accurate records of employee exposures to potentially toxic
materials or harmful physical agents which are required to be monitored
or measured under any applicable mandatory health or safety standard
promulgated under this Act. Such regulations shall provide miners or
their representatives with an opportunity to observe such monitoring or
measuring, and to have access to the records thereof. Such regulations
shall also make appropriate provisions for each miner or former miner to
have access to such records as will indicate his own exposure to toxic
materials or harmful physical agents. Each operator shall promptly
notify any miner who has been or is being exposed to toxic materials or
harmful physical agents in concentrations or at levels which exceed
those prescribed by an applicable mandatory health or safety standard
promulgated under section 101, // 30 USC 841. // or mandated under
title II, and shall inform any miner who is being thus exposed of the
corrective action being taken.
"(d) All accidents, including unintentional roof falls (except in any
abandoned panels or in areas which are inaccessible or unsafe for
inspections), shall be investigated by the operator or his agent to
determine the cause and the means of preventing a recurrence. Records
of such accidents and investigations shall be kept and the information
shall be made available to the Secretary or his authorized
representative and the appropriate State agency. Such records shall be
open for inspection by interested persons. Such records shall include
man-hours worked and shall be reported at a frequency determined by the
Secretary, but at least annually.
"(e) Any information obtained by the Secretary or by the Secretary of
Health, Education, and Welfare under this Act shall be obtained in such
a manner as not to impose an unreasonable burden upon operators,
especially those operating small businesses, consistent with the
underlying purposes of this Act. Unnecessary duplication of effort in
obtaining information shall be reduced to the maximum extent feasible.
"(f) Subject to regulations issued by the Secretary, a representative
of the operator and a representative authorized by his miners shall be
given an opportunity to accompany the Secretary or his authorized
representative during the physical inspection of any coal or other mine
made pursuant to the provisions of subsection (a), for the purpose of
aiding such inspection and to participate in pre-or post-inspection
conferences held at the mine. Where there is no authorized miner
representative, the Secretary or his authorized representative shall
consult with a reasonable number of miners concerning matters of health
and safety in such mine. Such representative of miners who is also an
employee of the operator shall suffer no loss of pay during the period
of his participation in the inspection made under this subsection. To
the extent that the Secretary or authorized representative of the
Secretary determines that more than one representative from each party
would further aid the inspection, he can permit each party to have an
equal number of such additional representatives. However, only one such
representative of miners who is an employee of the operator shall be
entitled to suffer no loss of pay during the period of such
participation under the provisions of this subsection. Compliance with
this subsection shall not be a jurisdictional prerequisite to the
enforcement of any provision of this Act.
"(g)(1) Whenever a representative of the miners or a miner in the
case of a coal or other mine where there is no such representative has
reasonable grounds to believe that a violation of this Act or a
mandatory health or safety standard exists, or an imminent danger
exists, such miner or representative shall have a right to obtain an
immediate inspection by giving notice to the Secretary or his authorized
representative of such violation or danger. Any such notice shall be
reduced to writing, signed by the representative of the miners or by the
miner, and a copy shall be provided the operator or his agent no later
than at the time of inspection, except that the operator or his agent
shall be notified forthwith if the complaint indicates that an imminent
danger exists. The name of the person giving such notice and the names
of individual miners referred to therein shall not appear in such copy
or notification. Upon receipt of such notification, a special
inspection shall be made as soon as possible to determine if such
violation or danger exists in accordance with the provisions of this
title. If the Secretary determines that a violation or danger does not
exist, he shall notify the miner or representative of the miners in
writing of such determination.
"(2) Prior to or during any inspection of a coal or other mine, any
representative of miners or a miner in the case of a coal or other mine
where there is no such representative, may notify the Secretary or any
representative of the Secretary responsible for conducting the
inspection, in writing, of any violation of this Act or of any imminent
danger which he has reason to believe exists in such mine. The
Secretary shall, by regulation, establish procedures for informal review
of any refusal by a representative of the Secretary to issue a citation
with respect to any such alleged violation or order with respect to such
danger and shall furnish the representative of miners or miner
requesting such review a written statement of the reasons for the
Secretary's final disposition of the case.
"(h) In addition to such records as are specifically required by this
Act, every operator of a coal or other mine shall establish and maintain
such records, make such reports, and provide such information, as the
Secretary or the Secretary of Health, Education, and Welfare may
reasonably require from time to time to enable him to perform his
functions under this Act. The Secretary or the Secretary of Health,
Education, and Welfare is authorized to compile, analyze, and publish,
either in summary or detailed form, such reports or information so
obtained. Except to the extent otherwise specifically provided by this
Act, all records, information, reports, findings, citations, notices,
orders, or decisions required or issued pursuant to or under this Act
may be published from time to time, may be released to any interested
person, and shall be made available for public inspection.
"(i) Whenever the Secretary finds that a coal or other mine liberates
excessive quantities of methane or other explosive gases during its
operations, or that a methane or other gas ignition or explosion has
occurred in such mine which resulted in death or serious injury at any
time during the previous five years, or that there exists in such mine
some other especially hazardous condition, he shall provide a minimum of
one spot inspection by his authorized representative of all or part of
such mine during every five working days at irregular intervals. For
purposes of this subsection, 'liberation of excessive quantities of
methane or other explosive gases' shall mean liberation of more than one
million cubic feet of methane or other explosive gases during a 24-hour
period. When the Secretary finds that a coal or other mine liberates
more than five hundred thousand cubic feet of methane or other explosive
gases during a 24-hour period, he shall provide a minimum of one spot
inspection by his authorized representative of all or part of such mine
every 10 working days at irregular intervals. When the Secretary finds
that a coal or other mine liberates more than two hundred thousand cubic
feet of methane or other explosive gases during a 24-hour period, he
shall provide a minimum of one spot inspection by his authorized
representative of all or part of such mine every 15 working days at
irregular intervals.
"(j) In the event of any accident occurring in a coal or other mine,
the operator shall notify the Secretary thereof and shall take
appropriate measures to prevent the destruction of any evidence which
would assist in investigating the cause or causes thereof. In the event
of any accident occurring in a coal or other mine, where rescue and
recovery work is necessary, the Secretary or an authorized
representative of the Secretary shall take whatever action he deems
appropriate to protect the life of any person, and he may, if he deems
it appropriate, supervise and direct the rescue and recovery activities
in such mine.
"(k) In the event of any accident occurring in a coal or other mines,
an authorized representative of the Secretary, when present, may issue
such orders as he deems appropriate to insure the safety of any person
in the coal or other mine, and the operator of such mine shall obtain
the approval of such representative, in consultation with appropriate
State representatives, when feasible, of any plan to recover any person
in such mine or to recover the coal or other mine or return affected
areas of such mine to normal.
" Sec. 104. // 30 USC 814. // (a) If, upon inspection or
investigation, the Secretary or his authorized representative believes
that an operator of a coal or other mine subject to this Act has
violated this Act, or any mandatory health or safety standard, rule,
order, or regulation promulgated pursuant to this Act, he shall, with
reasonable promptness, issue a citation to the operator. Each citation
shall be in writing and shall describe with particularity the nature of
the violation, including a reference to the provision of the Act,
standard, rule, regulation, or order alleged to have been violated. In
addition, the citation shall fix a reasonable time for the abatement of
the violation. The requirement for the issuance of a citation with
reasonable promptness shall not be a jurisdictional prerequisite to the
enforcement of any provision of this Act.
"(b) If, upon any follow-up inspection of a coal or other mine, an
authorized representative of the Secretary finds (1) that a violation
described in a citation issued pursuant to subsection (a) has not been
totally abated within the period of time as originally fixed therein or
as subsequently extended, and (2) that the period of time for the
abatement should not be further extended, he shall determine the extent
of the area affected by the violation and shall promptly issue an order
requiring the operator of such mine or his agent to immediately cause
all persons, except those persons referred to in subsection (c), to be
withdrawn from, and to be prohibited from entering, such area until an
authorized representative of the Secretary determines that such
violation has been abated.
"(c) The following persons shall not be required to be withdrawn
from, or prohibited from entering, any area of the coal or other mine
subject to an order issued under this section:
"(1) any person whose presence in such area is necessary, in
the judgment of the operator or an authorized representative of
the Secretary, to eliminate the condition described in the order;
"(2) any public official whose official duties require him to
enter such area;
"(3) any representative of the miners in such mine who is, in
the judgment of the operator or an authorized representative of
the Secretary, qualified to make such mine examinations or who is
accompanied by such a person and whose presence in such area is
necessary for the investigation of the conditions described in the
order; and
"(4) any consultant to any of the foregoing.
"(d)(1) If, upon any inspection of a coal or other mine, an
authorized representative of the Secretary finds that there has been a
violation of any mandatory health or safety standard, and if he also
finds that, while the conditions created by such violation do not cause
imminent danger, such violation is of such nature as could significantly
and substantially contribute to the cause and effect of a coal or other
mine safety or health hazard, and if he finds such violation to be
caused by an unwarrantable failure of such operator to comply with such
mandatory health or safety standards, he shall include such finding in
any citation given to the operator under this Act. If, during the same
inspection or any subsequent inspection of such mine within 90 days
after the issuance of such citation, an authorized representative of the
Secretary finds another violation of any mandatory health or safety
standard and finds such violation to be also caused by an unwarrantable
failure of such operator to so comply, he shall forthwith issue an order
requiring the operator to cause all persons in the area affected by such
violation, except those persons referred to in subsection (c) to be
withdrawn from, and to be prohibited from entering, such area until an
authorized representative of the Secretary determines that such
violation has been abated.
"(2) If a withdrawal order with respect to any area in a coal or
other mine has been issued pursuant to paragraph (1), a withdrawal order
shall promptly be issued by an authorized representative of the
Secretary who finds upon any subsequent inspection the existence in such
mine of violations similar to those that resulted in the issuance of the
withdrawal order under paragraph (1) until such time as an inspection of
such mine which discloses no similar violations, the provisions of
paragraph (1) shall again be applicable to that mine.
"(e)(1) If an operator has a pattern of violations of mandatory
health or safety standards in the coal or other mine which are of such
nature as could have significantly and substantially contributed to the
cause and effect of coal or other mine health or safety hazards, he
shall be given written notice that such pattern exists. If, upon any
inspection within 90 days after the issuance of such notice, an
authorized representative of the Secretary finds any violation of a
mandatory health or safety standard which could significantly and
substantially contribute to the cause and effect of a coal or other mine
safety or health hazard, the authorized representative shall issue an
order requiring the operator to cause all persons in the area affected
by such violation, except those persons referred to in subsection (c),
to be withdrawn from, and to be prohibited from entering, such area
until an authorized representative of the Secretary determines that such
violation has been abated.
"(2) If a withdrawal order with respect to any area in a coal or
other mine has been issued pursuant to paragraph (1), a withdrawal order
shall be issued by an authorized representative of the Secretary who
finds upon any subsequent inspection the existence in such mine of any
violation of a mandatory health or safety standard which could
significantly and substantially contribute to the cause and effect of a
coal or other mine health or safety hazard. The withdrawal order shall
remain in effect until an authorized representative of the Secretary
determines that such violation has been abated.
"(3) If, upon an inspection of the entire coal or other mine, an
authorized representative of the Secretary finds no violations of
mandatory health or safety standards that could significantly and
substantially contribute to the cause and effect of a coal or other mine
health and safety hazard, the pattern of violations that resulted in the
issuance of a notice under paragraph (1) shall be deemed to be
terminated and the provisions of paragraphs (1) and (2) shall no longer
apply. However, if as a result of subsequent violations, the operator
reestablishes a pattern of violations, paragraphs (1) and (2) shall
again be applicable to such operator.
"(4) The Secretary shall make such rules as he deems necessary to
establish criteria for determining when a pattern of violations of
mandatory health or safety standards exists.
"(f) If, based upon samples taken, analyzed, and recorded pursuant to
section 202(a), // 30 USC 842. // or samples taken during an inspection
by an authorized representative of the Secretary, the applicable limit
on the concentration of respirable dust required to be maintained under
this Act is exceeded and thereby violated, the Secretary or his
authorized representative shall issue a citation fixing a reasonable
time for the abatement of the violation. During such time, the operator
of the mine shall cause samples described in section 202(a) to be taken
of the affected area during each production shift. If, upon the
expiration of the period of time as originally fixed or subsequently
extended, the Secretary or his authorized representative finds that the
period of time should not be further extended, he shall determine the
extent of the area affected by the violation and shall promptly issue an
order requiring the operator of such mine or his agent to cause
immediately all persons, except those referred to in subsection (c), to
be withdrawn from, and to be prohibited from entering, such area until
the Secretary or his authorized representative has reason to believe,
based on actions taken by the operator, that such limit will be complied
with upon the resumption of production in such mine. As soon as
possible after an order is issued, the Secretary, upon request of the
operator, shall dispatch to the mine involved a person, or team of
persons, to the extent such persons are available, who are knowledgeable
in the methods and means of controlling and reducing respirable dust.
Such person or team of persons shall remain at the mine involved for
such time as they shall deem appropriate to assist the operator in
reducing respirable dust concentrations. While at the mine, such
persons may require the operator to take such actions as they deem
appropriate to insure the health of any person in the coal or other
mine.
"(g)(1) If, upon any inspection or investigation pursuant to section
103 of this Act, the Secretary or an authorized representative shall
find employed at a coal or other mine a miner who has not received the
requisite safety training as determined under section 115 of this Act.
the Secretary or an authorized representative shall issue an order under
this section which declares such miner to be a hazard to himself and to
others, and requiring that such miner be immediately withdrawn from the
coal or other mine, and be prohibited from entering such mine until an
authorized representative of the Secretary determines that such miner
has received the training required by section 115 of this Act.
"(2) No miner who is ordered withdrawn from a coal or other mine
under paragraph (1) shall be discharged or otherwise discriminated
against because of such order; and no miner who is ordered withdrawn
from a coal or other mine under paragraph (1) shall suffer a loss of
compensation during the period necessary for such miner to receive such
training and for an authroized representative of the Secretary to
determine that such miner has received the requisite training.
"(h) Any citation or order issued under this section shall remain in
effect until modified, terminated or vacated by the Secretary or his
authorized representative, or modified, terminated or vacated by the
Commission or the courts pursuant to section 105 or 106.
" Sec. 105. // 30 USC 815. // (a) If, after an inspection or
investigation, the Secretary issues a citation or order under section
104, he shall, within a reasonable time after the termination of such
inspection or investigation, notify the operator by certified mail of
the civil penalty proposed to be assessed under section 110(a) for the
violation cited and that the operator has 30 days within which to notify
the Secretary that he wishes to contest the citation or proposed
assessment of penalty. A copy of such notification shall be sent by
mail to the representative of miners in such mine. If, within 30 days
from the receipt of the notification issued by the Secretary, the
operator fails to notify the Secretary that he intends to contest the
citation or the proposed assessment of penalty, and no notice is filed
by any miner or representative of miners under subsection (d) of this
section within such time, the citation and the proposed assessment of
penalty shall be deemed a final order of the Commission and not subject
to review by any court or agency. Refusal by the operator or his agent
to accept certified mail containing a citation and proposed assessment
of penalty under this subsection shall constitute receipt thereof within
the meaning of this subsection.
"(b)(1)(A) If the Secretary has reason to believe that an operator
has failed to correct a violation for which a citation has been issued
within the period permitted for its correction, the Secretary shall
notify the operator by certified mail of such failure and of the penalty
proposed to be assessed under section 110(b) by reason of such failure
and that the operator has 30 days within which to notify the Secretary
that he wishes to contest the Secretary's notification of the proposed
assessment of penalty. A copy of such notification of the proposed
assessment of penalty shall at the same time be sent by mail to the
representative of the mine employees. If, within 30 days from the
receipt of notification of proposed assessment of penalty issued by the
Secretary, the operator fails to notify the Secretary that he intends to
contest the notification of proposed assessment of penalty, such
notification shall be deemed a final order of the Commission and not
subject to review by any court or agency. Refusal by the operator or
his agent to accept certified mail containing a notification of proposed
assessment of penalty issued under this subsection shall constitute
receipt thereof within the meaning of this subsection.
"(B) In determining whether to propose a penalty to be assessed under
section 110(b), the Secretary shall consider the operator's history of
previous violations, the appropriateness of such penalty to the size of
the business of the operator charged, whether the operator was
negligent, the effect on the operator's ability to continue in business,
the gravity of the violation, and the demonstrated good faith of the
operator charged in attempting to achieve rapid compliance after
notification of a violation.
"(2) An applicant may file with the Commission a written request that
the Commission grant temporary relief from any modification or
termination of any order or from any order issued under section 104
together with a detailed statement giving the reasons for granting such
relief. The Commission may grant such relief under such conditions as
it may prescribe, if--,
"(A) a hearing has been held in which all parties were given an
opportunity to be heard;
"(B) the applicant shows that there is substantial likelihood
that the findings of the Commission will be favorable to the
applicant; and
"(C) such relief will not adversely affect the health and
safety of miners.
No temporary relief shall be granted in the case of a citation issued
under subsection (a) or (f) of section 104. The Commission shall
provide a procedure for expedited consideration of applications for
temporary relief under this paragraph.
"(c)(1) No person shall discharge or in any manner discriminate
against or cause to be discharged or cause discrimination against or
otherwise interfere with the exercise of the statutory rights of any
miner, representative of miners or applicant for employment in any coal
or other mine subject to this Act because such miner, representative of
miners or applicant for employment has filed or made a complaint under
or related to this Act, including a complaint notifying the operator or
the operator's agent, or the representative of the miners at the coal or
other mine of an alleged danger or safety or health violation in a coal
or other mine, or because such miner, representative of miners or
applicant for employment is the subject of medical evaluations and
potential transfer under a standard published pursuant to section 101 or
because such miner, representative of miners or applicant for employment
has instituted or caused to be instituted any proceeding under or
related to this Act or has testified or is about to testify in any such
proceeding, or because of the exercise by such miner, representative of
miners or applicant for employment on behalf of himself or others of any
statutory right afforded by this Act.
"(2) Any miner or applicant for employment or representative of
miners who believes that he has been discharged, interfered with, or
otherwise discriminated against by any person in violation of this
subsection may, within 60 days after such violation occurs, file a
complaint with the Secretary alleging such discrimination. Upon receipt
of such complaint, the Secretary shall forward a copy of the complaint
to the respondent and shall cause such investigation to be made as he
deems appropriate. Such investigation shall commence within 15 days of
the Secretary's receipt of the complaint, and if the Secretary finds
that such complaint was not frivolously brought, the Commission, on an
expedited basis upon application of the Secretary, shall order the
immediate reinstatement of the miner pending final order on the
complaint. If upon such investigation, the Secretary determines that
the provisions of this subsection have been violated, he shall
immediately file a complaint with the Commission, with service upon the
alleged violator and the miner, applicant for employment, or
representative of miners alleging such discrimination or interference
and propose an order granting appropriate relief. The Commission shall
afford an opportunity for a hearing (in accordance with section 554 of
title 5, United States Code, but without regard to subsection (a)(3) of
such section) and thereafter shall issue an order, based upon findings
of fact, affirming, modifying, or vacating the Secretary's proposed
order, or directing other appropriate relief. Such order shall become
final 30 days after its issuance. The Commission shall have authority
in such proceedings to require a person committing a violation of this
subsection to take such affirmative action to abate the violation as the
Commission deems appropriate, including, but not limited to, the
rehiring or reinstatement of the miner to his former position with back
pay and interest. The complaining miner, applicant, or representative
of miners may present additional evidence on his own behalf during any
hearing held pursuant to his paragraph.
"(3) Within 90 days of the receipt of a complaint filed under
paragraph (2), the Secretary shall notify, in writing, the miner,
applicant for employment, or representative of miners of his
determination whether a violation has occurred. If the Secretary, upon
investigation, determines that the provisions of this subsection have
not been violated, the complainant shall have the right, within 30 days
of notice of the Secretary's determination, to file an action in his own
behalf before the Commission, charging discrimination or interference in
violation of paragraph (1). The Commission shall afford an opportunity
for a hearing (in accordance with section 554 of title 5, United States
Code, but without regard to subsection (a)(3) of such section), and
thereafter shall issue an order, based upon findings of fact, dismissing
or sustaining the complainant's charges and, if the charges are
sustained, granting such relief as it deems appropriate, including, but
not limited to, an order requiring the rehiring or reinstatement of the
miner to his former position with back pay and interest or such remedy
as may be appropriate. Such order shall become final 30 days after its
issuance. Whenever an order is issued sustaining the complainant's
charges under this subsection, a sum equal to the aggregate amount of
all costs and expenses (including attorney's fees) as determined by the
Commission to have been reasonably incurred by the miner, applicant for
employment or representative of miners for, or in connection with, the
institution and prosecution of such proceedings shall be assessed
against the person committing such violation. Proceedings under this
section shall be expedited by the Secretary and the Commission. Any
order issued by the Commission under this paragraph shall be subject to
judicial review in accordance with section 106. Violations by any
person of paragraph (1) shall be subject to the provisions of sections
108 and 110(a).
"(d) If, within 30 days of receipt thereof, an operator of a coal or
other mine notifies the Secretary that he intends to contest the
issuance or modification of an order issued under section 104, or
citation or a notification of proposed assessment of a penalty issued
under subsection (a) or (b) of this section, or the reasonableness of
the length of abatement time fixed in a citation or modification thereof
issued under section 104, or any miner or representative of miners
notifies the Secretary of an intention to contest the issuance,
modification, or termination of any order issued under section 104, or
the reasonableness of the length of time set for abatement by a citation
or modification thereof issued under section 104, the Secretary shall
immediately advise the Commission of such notification, and the
Commission shall afford an opportunity for a hearing (in accordance with
section 554 of title 5, United States Code, but without regard to
subsection (a) (3) of such section), and thereafter shall issue an
order, based on findings of fact, affirming, modifying, or vacating the
Secretary's citation, order, or proposed penalty, or directing other
appropriate relief. Such order shall become final 30 days after its
issuance. The rules of procedure prescribed by the Commission shall
provide affected miners or representatives of affected miners an
opportunity to participate as parties to hearings under this section.
The Commission shall take whatever action is necessary to expedite
proceedings for hearing appeals of orders issued under section 104.
" Sec. 106. // 30 USC 816. // (a)(1) Any person adversely affected
or aggrieved by an order of the Commission issued under this Act may
obtain a review of such order in any United States court of appeals for
the circuit in which the violation is alleged to have occurred or in the
United States Court of Appeals for the District of Columbia Circuit, by
filing in such court within 30 days following the issuance of such order
a written petition praying that the order be modified or set aside. A
copy of such petition shall be forthwith transmitted by the clerk of the
court to the Commission and to the other parties, and thereupon the
Commission shall file in the court the record in the proceeding as
provided in section 2112 of title 28, United States Code. Upon such
filing, the court shall have exclusive jurisdiction of the proceeding
and of the questions determined therein, and shall have the power to
make and enter upon the pleadings, testimony, and proceedings set forth
in such record a decree affirming, modifying, or setting aside, in whole
or in part, the order of the Commission and enforcing the same to the
extent that such order is affirmed or modified. No objection that has
not been urged before the Commission shall be considered by the court,
unless the failure or neglect to urge such objection shall be excused
because of extraordinary circumstances. The findings of the Commission
with respect to questions of fact, if supported by substantial evidence
on the record considered as a whole, shall be conclusive. If any party
shall apply to the court for leave to adduce additional evidence and
shall show to the satisfaction of the court that such additional
evidence is material and that there were reasonable grounds for the
failure to adduce such evidence in the hearing before the Commission,
the court may order such additional evidence to be taken before the
Commission and to be made a part of the record. The Commission may
modify its findings as to the facts, or make new findings, by reason of
additional evidence so taken and filed, and it shall file such modified
or new findings, which findings with respect to questions of fact, if
supported by substantial evidence on the record considered as a whole,
shall be conclusive. The Commission may modify or set aside its
original order by reason of such modified or new findings of fact. Upon
the filing of the record after such remand proceedings, the jurisdiction
of the court shall be exclusive and its judgment and degree shall be
final, except that the same shall be subject to review by the Supreme
Court of the United States, as provided in section 1254 of title 28,
United States Code. Petitions filed under this subsection shall be
heard expeditiously.
"(2) In the case of a proceeding to review any order or decision
issued by the Commission under this Act, except an order or decision
pertaining to an order issued under section 107(a) or an order or
decision pertaining to a citation issued under section 104(a) or (f),
the court may, under such conditions as it may prescribe, grant such
temporary relief as it deems appropriate pending final determination of
the proceeding, if--,
"(A) all parties to the proceeding have been notified and given
an opportunity to be heard on a request for temporary relief;
"(B) the person requesting such relief shows that there is a
substantial likelihood that he will prevail on the merits of the
final determination of the proceeding; and
"(C) such relief will not adversely affect the health and
safety of miners in the coal or other mine.
"(3) In the case of a proceeding to review any order or decision
issued by the Panel under this Act, the court may, under such conditions
as it may prescribe, grant such temporary relief as it deems appropriate
pending final determination of the proceeding, if--,
"(A) all parties to the proceeding have been notified and given
an opportunity to be heard on a request for temporary relief; and
"(B) the person requesting such relief shows that there is a
substantial likelihood that he will prevail on the merits of the
final determination of the proceeding.
"(b) The Secretary may also obtain review or enforcement of any final
order of the Commission by filing a petition for such relief in the
United States court of appeals for the circuit in which the alleged
violation occurred or in the Court of Appeals for the District of
Columbia Circuit, and the provisions of subsection (a) shall govern such
proceedings to the extent applicable. If no petition for review, as
provided in subsection (a), is filed within 30 days after issuance of
the Commission's order, the Commission's findings of fact and order
shall be conclusive in connection with any petition for enforcement
which is filed by the Secretary after the expiration of such 30-day
period. In any such case, as well as in the case of a noncontested
citation or notification by the Secretary which has become a final order
of the Commission under subsection (a) or (b) of section 105, the clerk
of the court, unless otherwise ordered by the court, shall forthwith
enter a decree enforcing the order and shall transmit a copy of such
decree to the Secretary and the operator named in the petition. In any
contempt proceeding brought to enforce a decree of a court of appeals
entered pursuant to this subsection or subsection (a), the court of
appeals may assess the penalties provided in section 110, in addition to
invoking any other available remedies.
"(c) The commencement of a proceeding under this section shall not,
unless specifically ordered by the court, operate as a stay of the order
or decision of the Commission or the Panel.
" Sec. 107. // 30 USC 817. // (a) If, upon any inspection or
investigation of a coal or other mine which is subject to this Act, an
authorized representative of the Secretary finds that an imminent danger
exists, such representative shall determine the extent of the area of
such mine throughout which the danger exists, and issue an order
requiring the operator of such mine to cause all persons, except those
referred to in section 104 (c), to be withdrawn from, and to be
prohibited from entering, such area until an authorized representative
of the Secretary determines that such imminent danger and the conditions
or practices which caused such imminent danger no longer exist. The
issuance of an order under this subsection shall not preclude the
issuance of a citation under section 104 or the proposing of a penalty
under section 110.
"(b)(1) If, upon any inspection of a coal or other mine, an
authorized representative of the Secretary finds (A) that conditions
exist therein which have not yet resulted in an imminent danger, (B)
that such conditions cannot be effectively abated through the use of
existing technology, and (C) that reasonable assurance cannot be
provided that the continuance of mining operations under such conditions
will not result in an imminent danger, he shall determine the area
throughout which such conditions exist, and thereupon issue a notice to
the operator of the mine or his agent of such conditions, and shall file
a copy thereof, incorporating his findings therein, with the Secretary
and with the representative of the miners of such mine. Upon receipt of
such copy, the Secretary shall cause such further investigation to be
made as he deems appropriate, including an opportunity for the operator
or a representative of the miners to present information relating to
such notice.
"(2) Upon the conclusion of an investigation pursuant to paragraph
(1), and an opportunity for a public hearing upon request by any
interested party, the Secretary shall make findings of fact, and shall
by decision incorporating such findings therein, either cancel the
notice issued under this subsection or issue an order requiring the
operator of such mine to cause all persons in the area affected, except
those persons referred to in subsection (c) of section 104 to be
withdrawn from, and be prohibited from entering, such area until the
Secretary, after a public hearing affording all interested persons an
opportunity to present their views, determines that such conditions have
been abated. Any hearing under this paragraph shall be of record and
shall be subject to section 554 of title 5 of the United States Code.
"(c) Orders issued pursuant to subsection (a) shall contain a
detailed description of the conditions or practices which cause and
constitute an imminent danger and a description of the area of the coal
or other mine from which persons must be withdrawn and prohibited from
entering.
"(d) Each finding made and order issued under this section shall be
given promptly to the operator of the coal or other mine to which it
pertains by the person making such finding or order, and all of such
findings and orders shall be in writing, and shall be signed by the
person making them. Any order issued pursuant to subsection (a) may be
modified or terminated by an authorized representative of the Secretary.
Any order issued under subsection (a) or (b) shall remain in effect
until vacated, modified, or terminated by the Secretary, or modified or
vacated by the Commission pursuant to subsection (e), or by the courts
pursuant to section 106(a).
"(e)(1) Any operator notified of an order under this section or any
representative of miners notified of the issuance, modification, or
termination of such an order may apply to the Commission within 30 days
of such notification for reinstatement, mofification or vacation of such
order. The Commission shall forthwith afford an opportunity for a
hearing (in accordance with section 554 of title 5, United States Code,
but without regard to subsection (a)(3) of such section) and thereafter
shall issue an order, based upon findings of fact, vacating, affirming,
modifying, or terminating the Secretary's order. The Commission and the
courts may not grant temporary relief from the issuance of any order
under subsection (a).
"(2) The Commission shall take whatever action is necessary to
expedite proceedings under this subsection.
" Sec. 108. // 30 USC 818. // (a)(1) The Secretary may institute a
civil action for relief, including a permanent or temporary injunction,
restraining order, or any other appropriate order in the district court
of the United States for the district in which a coal or other mine is
located or in which the operator of such mine has his principal office,
whenever such operator or his agent--,
"(A) violates or fails or refuses to comply with any order or
decision issued under this Act,
"(B) interferes with, hinders, or delays the Secretary or his
authorized representative, or the Secretary of Health, Education,
and Welfare or his authorized representative, in carrying out the
provisions of this Act,
"(C) refuses to admit such representatives to the coal or other
mines,
"(D) refuses to permit the inspection of the coal or other
mine, or the investigation of an accident or occupational disease
occurring in, or connected with, such mine,
"(E) refuses to furnish any information or report requested by
the Secretary or the Secretary of Health, Education, and Welfare
in furtherance of the provisions of this Act, or
"(F) refuses to permit access to, and copying of, such records
as the Secretary or the Secretary of Health, Education, and
Welfare determines necessary in carrying out the provisions of
this Act.
"(2) The Secretary may institute a civil action for relief, including
permanent or temporary injunction, restraining order, or any other
appropriate order in the district court of the United States for the
district in which the coal or other mine is located or in which the
operator of such mine has his principal office whenever the Secretary
believes that the operator of a coal or other mine is engaged in a
pattern of violation of the mandatory health or safety standards of this
Act, which in the judgment of the Secretary constitutes a continuing
hazard to the health or safety of miners.
"(b) In any action brought under subsection (a), the court shall have
jurisdiction to provide such relief as may be appropriate. In the case
of an action under subsection (a)(2), the court shall in tis order
require such assurance or affirmative steps as it deems necessary to
assure itself that the protection afforded to miners under this Act
shall be provided by the operator. Temporary restraining orders shall
be issued in accordance with rule 65 of the Federal Rules of Civil
Procedure, as amended, // 28 USC app. // except that the time limit in
such orders, when issued without notice, shall be seven days from the
date of entry. Except as otherwise provided herein, any relief granted
by the court to enforce any order under paragraph (1) of subsection (a)
shall continue in effect until the completion or final termination of
all proceedings for review of such order under this title, unless prior
thereto, the district court granting such relief sets it aside or
modifies it. In any action instituted under this section to enforce an
order or decision issued by the Commission or the Secretary after a
public hearing in accordance with section 554 of title 5 of the United
States Code, the findings of the Commission or the Secretary, as the
case may be, if supported by substantial evidence on the record
considered as a whole, shall be conclusive.
" Sec. 109. (a) At each coal or other mine there shall be maintained
an office with a conspicuous sign designating it as the office of such
mine. There shall be a bulletin board at such office or located at a
conspicuous place near an entrance of such mine, in such manner that
orders, citations, notices and decisions required by law or regulation
to be posted, may be posted thereon, and be easily visible to all
persons desiring to read them, and be protected against damage by
weather and against unauthorized removal. A copy of any order,
citation, notice or decision required by this Act to be given to an
operator shall be delivered to the office of the affected mine, and a
copy shall be immediately posted on the bulletin board of such mine by
the operator or his agent.
"(b) The Secretary shall (1) cause a copy of any order, citation,
notice, or decision required by this Act to be given to an operator to
be mailed immediately to a representative of the miners in the affected
coal or other mine, and (2) cause a copy thereof to be mailed to the
public official or agency of the State charged with administering State
laws, if any, relating to health or safety in such mine. Such notice,
order, citation, or decision shall be available for public inspection.
"(c) In order to insure prompt compliance with any notice, order,
citation, or decision issued under this Act, the authorized
representative of the Secretary may deliver such notice, order,
citation, or decision to an agent of the operator, and such agent shall
immediately take appropriate measures to insure compliance with such
notice, order, citation, or decision.
"(d) Each operator of a coal or other mine subject to this Act shall
file with the Secretary the name and address of such mine and the name
and address of the person who controls or operates the mine. Any
revisions in such names or addresses shall be promptly filed with the
Secretary. Each operator of a coal or other mine subject to this Act
shall designate a responsible offical at such mine as the principal
officer in charge of health and safety at such mine, and such official
shall receive a copy of any notice, order, citation, or decision issued
under this Act affecting such mine. In any case where the mine is
subject to the control of any person not directly involved in the daily
operations of the coal or other mine, there shall be filed with the
Secretary the name and address of such person and the name and address
of a principal official of such person who shall have overall
responsibility for the conduct of an effective health and safety program
at any coal or other mine subject to the control of such person, and
such official shall receive a copy of any notice, order, citation, or
decision issued affecting any such mine. The mere designation of a
health and safety official under this subsection shall not be construed
as making such official subject to any penalty under this Act.
" Sec. 110. // 30 USC 820. // (a) The operator of a coal or other
mine in which a violation occurs of a mandatory health or safety
standard or who violates any other provision of this Act, shall be
assessed a civil penalty by the Secretary which penalty shall not be
more than $10,000 for each such violation. Each occurrence of a
violation of a mandatory health or safety standard may constitute a
separate offense.
"(b) Any operator who fails to correct a violation for which a
citation has been issued under section 104(a) within the period
permitted for its correction may be assessed a civil penalty of not more
than $1,000 for each day during which such failure or violation
continues.
"(c) Whenever a corporate operator violates a mandatory health or
safety standard or knowingly violates or fails or refuses to comply with
any order issued under this Act or any order incorporated in a final
decision issued under this Act, except an order incorporated in a
decision issued under subsection (a) or section 105(c), any director,
officer, or agent of such corporation who knowingly authorized, ordered,
or carried out such violation, failure, or refusal shall be subject to
the same civil penalties, fines, and imprisonment that may be imposed
upon a person under subsections (a) and (d).
"(d) Any operator who willfully violates a mandatory health or safety
standard, or knowingly violates or fails or refuses to comply with any
order issued under section 104 and section 107, or any order
incorporated in a final decision issued under this title, except an
order incorporated in a decision under subsection (a) or section 105(
c), shall, upon conviction, be punished by a fine of not more than
$25,000, or by imprisonment for not more than one year, or by both,
except that if the conviction is for a violation committed after the
first conviction of such operator under this Act, punishment shall be by
a fine of not more than $50,000, or by imprisonment for not more than
five years, or both.
"(e) Unless otherwise authorized by this Act, any person who gives
advance notice of any inspection to be conducted under this Act shall,
upon conviction, be punished by a fine of not more than $1,000 or by
imprisonment for not more than six months, or both.
"(f) Whoever knowingly makes any false statement, representation, or
certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this Act shall,
upon conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than five years, or both.
"(g) Any miner who willfully violates the mandatory safety standards
relating to smoking or the carrying of smoking materials, matches, or
lighters shall be subject to a civil penalty assessed by the Commission,
which penalty shall not be more than $250 for each occurrence of such
violation.
"(h) Whoever knowingly distributes, sells, offers for sale,
introduces, or delivers in commerce any equipment for use in a coal or
other mine, including, but not limited to, components and accessories of
such equipment, which is represented as complying with the provisions of
this Act, or with any specification or regulation of the Secretary
applicable to such equipment, and which does not so comply, shall, upon
conviction, be subject to the same fine and imprisonment that may be
imposed upon a person under subsection (f) of this section.
"(i) The Commission shall have authority to assess all civil
penalties provided in this Act. In assessing civil monetary penalties,
the Commission shall consider the operator's history of previous
violations, the appropriateness of such penalty to the size of the
business of the operator charged, whether the operator was negligent,
the effect on the operator's ability to continue in business, the
gravity of the violation, and the demonstrated good faith of the person
charged in attempting to achieve rapid compliance after notification of
a violation. In proposing civil penalties under this Act, the Secretary
may rely upon a summary review of the information available to him and
shall not be required to make findings of fact concerning the above
factors.
"(j) Civil penalties owed under this Act shall be paid to the
Secretary for deposit into the Treasury of the United States and shall
accrue to the United States and may be recovered in a civil action in
the name of the United States brought in the United States district
court for the district where the violation occurred or where the
operator has its principal office. Interest at the rate of 8 percent
per annum shall be charged against a person on any final order of the
Commission, or the court. Interest shall begin to accrue 30 days after
the issurance of such order.
"(k) No proposed penalty which has been contested before the
Commission under section 105(a) shall be compromised, mitigated, or
settled except with the approval of the Commission. No penalty
assessment which has become a final order of the Commission shall be
compromised, mitigated, or settled except with the approval of the
court.
"(1) The provisions of this section shall not be applicable with
respect to title IV of this Act. // 30 USC 901. //
" Sec. 111. // 30 USC 821. // If a coal or other mine or area of
such mine is closed by an order issued under section 103, section 104,
or section 107, all miners working during the shift when such order was
issued who are idled by such order shall be entitled, regardless of the
result of any review of such order, to full compensation by the operator
at their regular rates of pay for the period they are idled, but for not
more than the balance of such shift. If such order is not terminated
prior to the next working shift, all miners on that shift who are idled
by such order shall be entitled to full compensation by the operator at
their regular rates of pay for the period they are idled, but for not
more than four hours of such shift. If a coal or other mine or area of
such mine is closed by an order issued under section 104 or section 107
of this title for a failure of the operator to comply with any mandatory
health or safety standards, all miners who are idled due to such order
shall be fully compensated after all interested parties are given an
opportunity for a public hearing, which shall be expedited in such
cases, and after such order is final, by the operator for lost time at
their regular rates of pay for such time as the miners are idled by such
closing, or for one week, whichever is the lesser. Whenever an operator
violates or fails or refuses to comply with any order issued under
section 103, section 104, or section 107 of this Act, all miners
employed at the affected mine who would have been withdrawn from, or
prevented from entering, such mine or area thereof as a result of such
order shall be entitled to full compensation by the operator at their
regular rates of pay, in addition to pay received for work performed
after such order was issued, for the period beginning when such order
was issued and ending when such order is complied with, vacated, or
terminated. The Commission shall have authority to order compensation
due under this section upon the filing of a complaint by a miner or his
representative and after opportunity for hearing subject to section 554
of title 5, United States Code.
" Sec. 112. // 30 USC 822. // Except as provided in section 518(a)
of title 28, United States Code, relating to litigation before the
Supreme Court, the Solicitor of Labor may appear for and represent the
Secretary in any civil litigation brought under this Act but all such
litigation shall be subject to the direction and control of the Attorney
General.
" Sec. 113. // 30 USC 823. // (a) The Federal Mine Safety and
Health Review Commission is hereby established. The Commission shall
consist of five members, appointed by the President by and with the
advice and consent of the Senate, from among persons who by reason of
training, education, or experience are qualified to carry out the
functions of the Commission under this Act. The President shall
designate one of the members of the Commission to serve as Chairman.
"(b)(1) The terms of the members of the Commission shall be six
years, except that--,
"(A) members of the Commission first taking office after the
date of enactment of the Federal Mine Safety and Health Amendments
Act of 1977, shall serve, as designated by the President at the
time of appointment, one for a term of two years, two for a term
of four years and two for a term of six years; and
"(B) a vacancy caused by the death, resignation, or removal of
any member prior to the expiration of the term for which he was
appointed shall be filled only for the remainder of such unexpired
term.
Any member of the Commission may be removed by the President for
inefficiency, neglect of duty, or malfeasance in office.
"(2) The Chairman shall be responsible on behalf of the Commission
for the administrative operations of the Commission. The Commission
shall appoint such employees as it deems necessary to assist in the
performance of the Commission's functions and to fix their compensation
in accordance with the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, // 5 USC 5101, 5331. //
relating to classification and general pay rates. Upon the effective
date of the Federal Mine Safety and Health Amendments Act of 1977, the
administrative law judges assigned to the Arlington, Virginia, facility
of the Office of Hearings and Appeals, United States Department of the
Interior, shall be automatically transferred in grade and position to
the Federal Mine Safety and Health Review Commission. Notwithstanding
the provisions of section 559 of title 5 of the United States Code, the
incumbent Chief Administrative Law Judge of the Office of Hearings and
Appeals of the Department of the Interior assigned to the Arlington,
Virginia facility shall have the option, on the effective date of the
Federal Mine Safety and Health Amendments Act of 1977, of transferring
to the Commission as an administrative law judge, in the same grade and
position as the other administrative law judges. The administrative law
judges (except those presiding over Indian Probate Matters) assigned to
the Western facilities of the Office of Hearings and Appeals of the
Department of the Interior shall remain with that Department at their
present grade and position or they shall have the right to transfer on
an equivalent basis to that extended in this paragraph to the Arlington,
Virginia administrative law judges in accordance with procedures
established by the Civil Service Commission. The Commission shall
appoint such additional administrative law judges as it deems necessary
to carry out the functions of the Commission. Assignment, removal, and
compensation of administrative law judges shall be in accordance with
sections 3105, 3344, 5362 and 7521 of title 5, United States Code.
"(c) The Commission is authorized to delegate to any group of three
or more members any or all of the powers of the Commission, except that
two members shall constitute a quorum of any group designated pursuant
to this paragraph.
"(d)(1) An administrative law judge appointed by the Commission to
hear matters under this Act shall hear, and make a determination upon,
any proceeding instituted before the Commission and any motion in
connection therewith, assigned to such administrative law judge by the
chief administrative law judge of the Commission or by the Commission,
and shall make a decision which constitutes his final disposition of the
proceedings. The decision of the administrative law judge of the
Commission shall become the final decision of the Commission 40 days
after its issuance unless within such period the Commission has directed
that such decision shall be reviewed by the Commission in accordance
with paragraph (2). An administrative law judge shall not be assigned
to prepare a recommended decision under this Act.
"(2) The Commission shall prescribe rules of procedure for its review
of the decisions of administrative law judges in cases under this Act
which shall meet the following standards for review:
"(A)(1) Any person adversely affected or aggrieved by a decision of
an administrative law judge, may file and serve a petition for
discretionary review by the Commission of such decision within 30 days
after the issuance of such decision. Review by the Commission shall not
be a matter of right but of the sound discretion of the Commission.
"(ii) Petitions for discretionary review shall be filed only upon one
or more of the following grounds:
"(I) A finding or conclusion of material fact is not supported
by substantial evidence.
"(II) A necessary legal conclusion is erroneous.
"(III) The decision is contrary to law or to the duly
promulgated rules or decisions of the Commission.
"(IV) A substantial question of law, policy or discretion is
involved.
"(V) A prejudicial error of procedure was committed.
"(iii) Each issue shall be separately numbered and plainly and
concisely stated, and shall be supported by detailed citations to the
record when assignments of error are based on the record, and by
statutes, regulations, or principal authorities relied upon. Except for
good cause shown, no assignment of error by any party shall rely on any
question of fact or law upon which the administrative law judge had not
been afforded an opportunity to pass. Review by the Commission shall be
granted only by affirmative vote of two of the Commissioners present and
voting. If granted, review shall be limited to the questions raised by
the petition.
"(B) At any time within 30 days after the issuance of a decision of
an administrative law judge, the Commission may in its discretion (by
affirmative vote of two of the Commissioners present and voting) order
the case before it for review but only upon the groung that the decision
may be contrary to law or Commission policy, or that a novel question of
policy has been presented. The Commission shall state in such order the
specific issue of law, Commission policy, or novel question of policy
involved. If a party's petition for discretionary review has been
granted, the Commission shall not raise or consider additional issues in
such review proceedings except in compliance with the requirements of
this paragraph.
"(C) For the purpose of review by the Commission under paragraph (A)
or (B) of this subsection, the record shall include: (i) all matters
constituting the record upon which the decision of the administrative
law judge was based; (ii) the rulings upon proposed findings and
conclusions; (iii) the decision of the administrative law judge; (iv)
the petition or petitions for discretionary review, responses thereto,
and the Commission's order for review; and (v) briefs filed on review.
No other material shall be considered by the Commission upon review.
The Commission either may remand the case to the administrative law
judge for further proceedings as it may direct or it may affirm, set
aside, or modify the decision or order of the administrative law judge
in conformity with the record. If the Commission determines that
further evidence is necessary on an issue of fact it shall remand the
case for further proceedings before the administrative law judge.
(The provisions of section 557(b) of title 5, United States Code,
with regard to the review authority of the Commission are hereby
expressly superseded to the extent that they are inconsistent with the
provisions of subparagraphs (A), (B), and (C) of this paragraph.)
"(e) In connection with hearings before the Commission or its
administrative law judges under this Act, the Commission and its
administrative law judges may compel the attendance and testimony of
witnesses and the production of books, papers, or documents, or objects,
and order testimony to be taken by deposition at any stage of the
proceedings before them. Any person may be compelled to appear and
depose and produce similar documentary or physical evidence, in the same
manner as witnesses may be compelled to appear and produce evidence
before the Commission and its administrative law judges. Witnesses
shall be paid the same fees and mileage that are paid witnesses in the
courts of the United States and at depositions ordered by such courts.
In case of contumacy, failure, or refusal of any person to obey a
subpoena or order of the Commission or an administrative law judge,
respectively, to appear, to testify, or to produce documentary or
physical evidence, any district court of the United States or the United
States courts of any territory or possession, within the jurisdiction of
which such person is found, or resides, or transacts business, shall,
upon the application of the Commission, or the administrative law judge,
respectively, have jurisdiction to issue to such person an order
requiring such person to appear, to testify, or to produce evidence as
ordered by the Commission or the administrative law judge, respectively,
and any failure to obey such order of the court may be punished by the
court as a contempt thereof.
" Sec. 114. // 30 USC 824. // There are authorized to be
appropriated, out of any moneys in the Treasury not otherwise
appropriated, such sums as may be necessary to carry out the provisions
of this title.
" Sec. 115. // 30 USC 825. // (a) Each operator of a coal or other
mine shall have a health and safety training program which shall be
approved by the Secretary. The Secretary shall promulgate regulations
with respect to such health and safety training programs not more than
180 days after the effective date of the Federal Mine Safety and Health
Amendments Act of 1977. Each training program approved by the Secretary
shall provide as a minimum that--,
"(1) new miners having no underground mining experience shall
receive no less than 40 hours of training if they are to work
underground. Such training shall include instruction in the
statutory rights of miners and their representatives under this
Act, use of the self-rescue device and use of respiratory devices,
hazard recognition, escapeways, walk around training, emergency
procedures, basic ventilation, basic roof control, electrical
hazards, first aid, and the health and safety aspects of the task
to which he will be assigned;
"(2) new miners having no surface mining experience shall
recieve no less than 24 hours of training if they are to work on
the surface. Such training shall include instruction in the
statutory rights of miners and their representatives under this
Act. use of the self-rescue device where appropriate and use of
respiratory devices where appropriate, hazard recognition,
emergency procedures, electrical hazards, first aid, walk around
training and the health and safety aspects of the task to which he
will be assigned;
"(3) all miners shall receive no less than eight hours of
refresher training no less frequently than once each 12 months,
except that miners already employed on the effective date of the
Federal Mine Safety and Health Amendments Act of 1977 shall
receive this refresher training no more than 90 days after the
date of approval of the training plan required by this section;
"(4) any miner who is reassigned to a new task in which he has
had no previous work experience shall receive training in
accordance with a training plan approved by the Secretary under
this subsection in the safety and health aspects specific to that
task prior to performing that task;
"(5) any training required by paragraphs (1), (2) or (4) shall
include a period of training as closely related as is practicable
to the work in which the miner is to be engaged.
"(b) Any health and safety training provided under subsection (a)
shall be provided during normal working hours. Miners shall be paid at
their normal rate of compensation while they take such training, and new
miners shall be paid at their starting wage rate when they take the new
miner training. If such training shall be given at a location other
than the normal place of work, miners shall also be compensated for the
additional costs they may incur in attending such training sessions.
"(c) Upon completion of each training program, each operator shall
certify, on a form approved by the Secretary, that the miner has
received the specified training in each subject area of the approved
health and safety training plan. A certificate for each miner shall be
maintained by the operator, and shall be available for inspection at the
mine site, and a copy thereof shall be given to each miner at the
completion of such training. When a miner leaves the operator's employ,
he shall be entitled to a copy of his health and safety training
certificates. False certification by an operator that training was
given shall be punishable under section 110(a) and (f); and each health
and safety training certificate shall indicate on its face, in bold
letters, printed in a conspicuous manner the fact that such false
certification is so punishable.
"(d) The Secretary shall promulgate appropriate standards for safety
and health training for coal or other mine construction workers.
"(e) Within 180 days after the effective date of the Federal Mine
Safety and Health Amendments Act of 1977, the Secretary shall publish
proposed regulations which shall provide that mine rescue teams shall be
available for rescue and recovery work to each underground coal or other
mine in the event of an emergency. The costs of making advance
arrangements for such teams shall be borne by the operator of each such
mine.".
Sec. 202. // 30 USC 842. // (a) Section 202(e) of the Federal Coal
Mine Health and Safety Act of 1969 is amended to read as Follows:
"(e) References to concentrations of respirable dust in this title
mean the average concentration of respirable dust measured with a device
approved by the Secretary and the Secretary of Health, Education, and
Welfare.".
(b) Section 318(k) of the Federal Coal Mine Health and Safety Act of
1969 // 30 USC 878. // is repealed.
Sec. 203. (a) Title III of the Federal Coal Mine Health and Safety
Act of 1969 is amended by inserting "of the Interior in coordination
with the Secretary" after " Secretary" in section 301(b). // 30 USC
861. //
(b) Subsections (c) and (d) of section 301 of such Act are repealed.
Sec. 301. // 30 USC 961. // (a) Except with respect to the
functions assigned to the Secretary of the Interior pursuant to section
501 of the Federal Coal Mine Health and Safety Act of 1969, // 30 USC
951. // the functions of the Secretary of the Interior under the
Federal Coal Mine Health and Safety Act of 1969, as amended, // 30 USC
801 note. // and the Federal Metal and Nonmetallic Mine Safety Act //
30 USC 721 note. // are transferred to the Secretary of Labor, except
those which are expressly transferred to the Commission by this Act.
(b)(1) The mandatory standards relating to mines, issued by the
Secretary of the Interior under the Federal Metal and Nonmetallic Mine
Safety Act and standards and regulations under the Federal Coal Mine
Health and Safety Act of 1969 which are in effect on the date of
enactment of this Act shall remain in effect as mandatory health or
safety standards applicable to metal and nonmetallic mines and to coal
mines respectively under the Federal Mine Safety and Health Act of 1977
until such time as the Secretary of Labor shall issue new or revised
mandatory health or safety standards applicable to metal and nonmetallic
mines and new or revised mandatory health or safety standards applicable
to coal mines.
(2) Within 60 days after the date of enactment of this Act, the
Secretary of Labor in consultation with the Secretary of the Interior
shall establish an advisory committee under section 102 of the Federal
Mine Safety and Health Act of 1977 // 30 USC 812. // which shall,
within 180 days after the date of the establishment of such advisory
committee, review the advisory health and safety standards issued by the
Secretary of the Interior under the Federal Metal and Nonmetallic Mine
Safety Act and recommend to the Secretary of Labor which of those
standards (or any modifications of such standards which do not
substantially diminish the health and safety of miners) should be
promulgated as mandatory health or safety standards. The Secretary of
Labor shall publish, within 60 days after any recommendations of the
advisory committee under this paragraph, each of the standards so
recommended for adoption with or without modifications as a proposed
mandatory health or safety standard under this section by publication of
such standard in the Federal Register, and afford interested persons a
period of 25 days after publication to submit written data or comment.
Within 30 days after the close of the comment period specified in the
preceding sentence, the Secretary of Labor shall promulgate by
publication in the Federal Register mandatory health or safety standards
based upon the advisory committee recommendation with or without
modification, and the data and comments received thereon, unless the
Secretary of Labor determines that such standards will not promote the
health and safety of miners and publishes an explanation of that
determination in the Federal Register.
(c)(1) All enexpended balances of appropriations, personnel,
property, records, obligations, and commitments which are used primarily
with respect to any functions transferred under the provisions of
subsection (a) to the Secretary of Labor shall be transferred to the
Department of Labor or the Commission, as appropriate. The transfer of
personnel pursuant to this paragraph shall be without reduction in
classification or compensation for one year after such transfer, except
that the Secretary of Labor shall have full authority to assign
personnel during such one-year period in order to efficiently carry out
functions transferred to him under this Act.
(2) All orders, decisions, determinations, rules, regulations,
permits, contracts, certificates, licenses, and privileges (A) which
have been issued, made, granted, or allowed to become effective in the
exercise of functions which are transferred under this section by any
department or agency, any functions of which are transferred by this
section, and (B) which are in effect at the time this section takes
effect, shall continue in effect according to their terms until
modified, terminated, superseded, set aside, revoked, or repealed by the
Secretary of Labor, the Federal Mine Safety and Health Review Commission
or other authorized officials, by any court of competent jurisdiction,
or by operation of law.
(3) The provisions of this section shall not affect any proceedings
pending at the time this section takes effect before any department,
agency, or component thereof, functions of which are transferred by this
section, except that such proceedings, to the extent that they relate to
functions so transferred, shall be continued before the Secretary of
Labor or the Federal Mine Safety and Health Review Commission. Orders
shall be issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if this section
had not been enacted; and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, revoked, or
replealed by the Secretary of Labor, the Federal Mine Safety and Health
Review Commission, by a court of competent jurisdiction, or by operation
of law. Nothing in this subsection shall be deemed to prohibit the
discontinuance or modification of any proceeding under the same terms
and conditions and to the same extent that such proceeding could have
been discontinued if this section had not been enacted.
(4) The provisions of this section shall not affect suits commenced
prior to the date this section takes effect and in all such suits
proceedings shall be had, appeals taken, and judgments rendered, in the
same manner and effect as if this section had not been enacted; except
that if before the date on which this section takes effect, any
department or agency (or officer thereof in his official capacity) is a
party to a suit involving functions transferred to the Secretary, then
such suit shall be continued by the Secretary of Labor. No cause of
action, and no suit, action, or other proceeding, by or against any
department or agency (or officer thereof in his official capacity)
functions of which are transferred by this section, shall abate by
reason of the enactment of this section. Causes of actions, suits,
actions, or other proceedings may be asserted by or against the United
States or the Secretary as may be appropriate and, in any litigation
pending when this section takes effect, the court may at any time, on
its own motion or that of any party, enter an order which will give
effect to the provisions of this paragraph.
(d) For purposes of this section, (1) the term "function" includes
power and duty, and (2) the transfer of a function, under any provision
of law, of an agency or the head of a department shall also be a
transfer of all functions under such law which are exercised by any
officer or officer of such agency or department.
(e) The Director of the Office of Management and Budget in
consultation with the Secretary of Labor and the Secretary of the
Interior is authorized and directed to make such determinations as may
be necessary with regard to the dispositions of personnel, personnel
positions, property, records, assets, liabilities, contracts,
obligations, commitments, unexpended balances of appropriations,
authorizations, allocations, and other funds employed, held, used,
arising from, available or to be made available, in connection with the
functions transferred by this Act as he may deem necessary to accomplish
the purposes of this Act.
Sec. 302. // 29 USC 557a. // (a) There is established in the
Department of Labor a Mine Safety and Health Administration to be headed
by an Assistant Secretary of Labor for Mine Safety and Health appointed
by the President, by and with the advice and consent of the Senate. The
Secretary, acting through the Assistant Secretary for Mine Safety and
Health, shall have authority to appoint, subject to the civil service
laws, such officers and employees as he may deem necessary for the
administration of this Act, and to prescribe powers, duties, and
responsibilities of all officers and employees engaged in the
administration of this Act. The Secretary is authorized and directed,
except as specifically provided otherwise to carry out his functions
under the Federal Mine Safety and Health Act of 1977 through the Mine
Safety and Health Administration.
(b) Section 5315 of title 5; United States Code, is amended by
adding at the end thereof the following paragraphs:
"(120) Assistant Secretary of Labor for Mine Safety and Health.
"(121) Members, Federal Mine Safety and Health Review
Commission.".
(c)(1) Section 5314 of title 5, United States Code, is amended by
adding at the end thereof the following new paragraph:
"(66) Chairman, Federal Mine Safety and Health Review
Commission.".
(d) // 30 USC 823a. // The principal office of the Commission shall
be in the District of Columbia. Whenever the Commission deems that
convenience of the public or the parties may be promoted, or delay or
expense may be minimized, it may hold hearings or conduct other
proceedings at any other place.
Sec. 303. // 30 USC 951. // (a)(1) Section 501 of the Federal Coal
Mine Health and Safety Act of 1969 is amended by inserting "or other"
after "coal" wherever it appears therein, and by striking "coal-mining"
and inserting in lieu thereof "coal or other mining" wherever it appears
therein.
(2) Section 501(a) of the Federal Coal Mine Health and Safety Act of
1969 is further amended by striking "and" after the semicolon in
paragraph (10), by redesignating paragraph (11) as paragraph (12), and
by inserting immediately after paragraph "(10)", the following new
paragraph:
"(11) to determine, upon the written request by any operator or
authorized representative of miners, specifying with reasonable
particularity the grounds upon which such request is made, whether
any substance normally found in a coal or other mine has
potentially toxic effects in the concentrations normally found in
the coal or other mine or whether any physical agents or equipment
found or used in a coal or other mine has potentially hazardous
effects, and shall submit such determinations to both the
operators and miners as soon as possible; and".
(3) Section 501(b) of such Act is amended by adding after " Welfare"
the following: "through the National Institute for Occupational Safety
and Health established under the Occupational Safety and Health Act of
1970"; and by striking out the period at the end thereof and
substituting "of the Interior in coordination with the Secretary".
(4) Section 501(c) is amended by inserting "of the Interior" after
"the Secretary" each place it occurs; and by inserting "in coordination
with the Secretary" after "and Welfare" each place it occurs.
(5) Section 501(e) of such Act is amended by inserting after "
Secretary" the first time it occurs therein, "of the Interior" and by
striking "$30,000,000" and by inserting, in lieu thereof "$60,000,000".
(6) Section 501(a) of such Act is amended by striking out " The
Secretary and" and inserting in lieu thereof " The Secretary of the
Interior and".
(b) Section 502 of such Act // 30 USC 952. // is amended by
inserting "or other" immediately after "coal" each time it appears
therein.
(c)(1) Section 503 of such Act // 30 USC 953. // is amended by
inserting "or other" immediately after "coal" each time it appears
therein, and by striking " Labor" and inserting in lieu thereof, "the
Interior".
(2)(A) The first sentence of section 503(h) of such Act is amended by
deleting "$5,000,000" and by inserting in lieu thereof, "$10,000,000".
(B) The second sentence of section 503(h) of such Act is amended by
inserting before the period the following:", except that no less than
one-half of such sum shall be allocated to coal-producing States".
(d)(1) Section 505 of such Act // 30 USC 954. // is amended by
striking out "the mining of coal" and inserting in lieu thereof "in
mining".
(2) Section 505 of such Act is further amended by striking out the
period at the end of the second sentence thereof and inserting in lieu
thereof ": Provided, however, That, to the maximum extent feasible, in
the selection of persons for appointment as mine inspectors, no person
shall be so selected unless he has the basic qualification of at least
five years practical mining experience and in assigning mine inspectors
to the inspection and investigation of individual mines, due
consideration shall be given to the extent possible to their previous
experience in the particular type of mining operation where such
inspections are to be made.".
(e) Section 506(b) of such Act // 30 USC 955. // is amended by
inserting "or other" immediately after "coal" each time it appears
therein.
(f) Section 511 of such Act // 30 USC 958. // is amended by
inserting "or other" immediately after "coal".
(g) Section 512 of such Act // 30 USC 959. // is amended by
inserting "or other" after "coal" each time it appears therein.
(h) Section 502 of such Act is amended by adding at the end thereof
the following new subsection (c):
"(c)(1) The National Mine Health and Safety Academy shall be
maintained as an agency of the Department of the Interior. The Academy
shall be responsible for the training of mine safety and health
inspectors under section 505 of this Act, and in training of technical
support personnel of the Mine Safety and Health Administration
established under section 302 of the Federal Mine Safety and Health
Amendments Act of 1977; and for any other training programs for mine
inspectors, mining personnel, or other persons as the Secretaries of
Labor and the Interior shall designate. In performing this function,
the Academy shall have the authority to enter into cooperative
educational and training agreements with educational institutions, State
governments, labor organizations, and mine operators and related
industries. Such training shall be conducted by the Academy in
accordance with curriculum needs and assignment of instructional
personnel established by the user.
"(2) In performing its function pursuant to this section, the
National Mine Health and Safety Academy shall use the facilities and
personnel of the Department of the Interior, and such other personnel as
shall be mutually agreed upon by the Secretaries of Labor and the
Interior. The Secretary of the Interior may appoint or assign to the
Academy such officers and employees as he deems necessary for the
performance of the duties and functions of the Academy.
"(3) The Secretary of the Interior shall conduct his safety research
responsibilities under section 501 of this Act in coordination with the
Secretary of Labor, and the Secretaries of Labor and the Interior are
authorized to enter into contractual or other agreements for the
performance of such safety related research.".
Sec. 304. // 30 USC 954 note. // Nothing contained in this Act or
any amendment made by this Act shall be construed to reduce the number
of inspectors engaged in enforcement of the Federal Coal Mine Health and
Safety Act of 1969 // 30 USC 801 note. // and the Federal Metal and
Nonmetallic Mine Safety Act // 30 USC 721 note. // as in effect prior
to the effective date of this Act or to reduce the number of inspectors
engaged in the enforcement of the Occupational Safety and Health Act of
1970. // 29 USC 651 note. //
Sec. 305. // 31 USC 11 note. // In the preparation of the Budget
message required under section 201 of the Budget and Accounting Act,
1921 (31 U.S.C.11), the President shall set forth as separate
appropriation accounts amounts required for appropriation for mine
health and safety pursuant to the Federal Mine Safety and Health Act of
1977 and for occupational safety and health pursuant to the Occupational
Safety and Health Act of 1970. // 29 USC 651 note. //
Sec. 306. // 30 USC 721 - 740. // (a) The Federal Metal and
Nonmetallic Mine Safety Act is repealed.
(b) Section 405 of the Act of November 16, 1973, Public Law 93 - 153
// 43 USC 1456a. // is repealed.
Sec. 307. // 30 USC 801 note. // Except as otherwise provided, this
Act and the amendments made by this Act shall take effect 120 days after
the date of enactment of this Act. The Secretary of Labor and the
Secretary of the Interior are authorized to establish such rules and
regulations as may be necessary for the efficient transfer of functions
provided under this Act. The amendment to the Federal Coal Mine Health
and Safety Act of 1969 made by section 202 of this Act shall be
effective on the date of enactment.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 312 accompanying H.R. 4287 (Comm. on
Education and Labor) and No. 95 - 655 (Comm. of Conference).
SENATE REPORTS: No. 95 - 181 (Comm. on Human Resources) and No. 95 -
461 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 123 (1977):
June 20, 21, considered and passed Senate.
July 14, 15, considered and passed House, amended, in lieu of
H.R. 4287.
Oct. 6, Senate agreed to conference report.
Oct. 27, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 46:
Nov. 9, Presidential statement.
Corner: Coordinate Coordinate
1 1496295.97 378116.98
2 1495054.70 377931.43
3 1495196.41 377688.55
4 1495316.87 377513.58
5 1496171.41 377649.72
"907.75 intravenous fat emulsion
(provided for in item 440.00,
part 3 C, schedule 4)........... free free On or before
6/30/80".
"907.10 Cyclic organic chemical products
in any physical form having a
benzenoid, quinoid, or modified
benzenoid structure (provided
for in item 403.60, part 1 B,
schedule 4) to be used in the
manufacture of photographic
color couplers.................. Free No On or before
change6/30/80
"907.12 Photographic color couplers
(provided for in item 405.20,
part 1 C, schedule 4)........... Free No On or before
change6/30/80
entry number: date of entry:
100284-------------------------------July 14, 1972.
100607-------------------------------July 27, 1973.
101233-------------------------------August 18, 1972.
101426-------------------------------September 1, 1972.
101756-------------------------------September 14, 1972.
102217-------------------------------October 15, 1973.
102394-------------------------------October 7, 1971.
102483-------------------------------October 15, 1971.
102687-------------------------------November 15, 1971.
102708-------------------------------July 8, 1973.
102711-------------------------------November 17, 1971.
102781-------------------------------October 20, 1972.
103117-------------------------------December 16, 1971.
103252-------------------------------November 8, 1972.
103275-------------------------------December 28, 1971.
103576-------------------------------November 22, 1972.
103638-------------------------------November 27, 1972.
104335-------------------------------December 21, 1972.
104601-------------------------------March 8, 1972.
104920-------------------------------January 16, 1973.
105205-------------------------------April 10, 1972.
105998-------------------------------May 15, 1972.
105998-------------------------------March 2, 1973.
106002-------------------------------May 15, 1972.
106730-------------------------------June 21, 1972.
106731-------------------------------June 21, 1972.
106888-------------------------------June 29, 1972.
103114-------------------------------December 16, 1971.
108444-------------------------------June 11, 1973.
" The monthly for each $1 of annual income
rate of pension
shall be $197
reduced by-- which is more but not more
than-- than--
$0.00 0 $300
.03 $300 500
.04 500 700
05 700 900
.06 900 1,100
.07 1,100 1,700
.08 1,700 3,770";
" The monthly For each $1 of annual income
rate of pension
for a
veteran shall
be--
$212 if he
or she has
one
dependent;
$217 if he Which is more But not more
or she has than-- than--
two
dependents;
and $222
if he or
she has
three or
more
dependents;
reduced
by--
$0.00 0 $500
.02 $500 700
.03 700 1,000
.04 1,000 2,000
.05 2,000 3,000
.06 3,000 3,200
.07 3,200 3,600
.08 3,600 5,070";
" The monthly For each $1 of annual income
rate of pension
shall be $133
reduced by-- Which is more But not more
than-- than--
$0.00 0 $300
.01 $300 600
.03 600 900
.04 900 1,100
.05 1,100 1,800
.06 1,800 2,800
.07 2,800 3,770";
" The monthly For each $1 of annual income
rate of pension
shall be $159
reduced by-- Which is more But not more
than-- than--
$0.00 0 $700
.01 $700 1,100
.02 1,100 1,600
.03 1,600 2,400
.04 2,400 2,900
.05 2, 900 5,070";
" The monthly For each $1 of annual income
rate of
dependency and
indeminty
compensation
shall be $152 Which is more But not more
reduced by-- than-- than--
$0.00 0 $800
.03 $800 1,000
.05 1,000 1,200
.06 1,200 1,500
.08 1,500 3,770";
" The monthly For each $1 of annual income
rate of
dependency and
indemnity
compensation
shall be $107 Which is more But not more
reduced by-- than-- than--
$0.00 0 $800
.02 $800 1,100
.05 1,100 2,000
.06 2,000 3,770";
" The monthly
rate of For each $1 of the total combined
dependency and annual income
indemnity
compensation
shall be $102 Which is more But not more
reduced by-- than-- than--
$0.00 0 $1,000
.02 $1,000 2,000
.03 2,000 2,900
.04 2,900 3,600
.05 3,600 5,070";
" Column 1 Column 2 Column 3 Column 4 Column 5
Type of training No One Two More than two
dependentsdependent dependents dependents
The amount in
column IV,
plus the
following for
each
dependent in
excess of two:
Institutional:
Full-time----- $241 $298 $351 $26
Three-quarter-time 181 224 263 19
Half-time------ 120 149 176 13
Farm cooperative,
apprentice, or
other on-job
training:
Full-time------ 210 254 293 19".
" Column 1 Column 2 Column 3 Column 4 Column 5
Type of Program No One Two More than two
dependentsdependent dependents dependents
The amount in
column IV,
plus the
following for
each dependent
in excess of
two:
Institutional:
Full-time------ $311 $370 $422 $26
Three-quarter-time- 233 277 317 19
Half-time------ 156 185 211 13
Cooperative---- 251 294 334 19";
" Column 1 Column 2 Column 3 Column 4 Column 5
Basis No One Two More than two
dependentsdependent dependents dependents
The amount in
column IV,
plus the
following for
each dependent
in excess of
two:
Full-time----- $251 $294 $334 $19
Three-quarter-time- 188 221 251 15
Half-time------- 126 147 167 10";
Column 1 Column 2 Column 3 Column 4 Column 5
Periods of training No One Two More than two
dependentsdependent dependents dependents
The amount in
column IV,
plus the
following for
for each
dependent in
excess of two:
First 6 months---- $226 $254 $277 $12
Second 6 months---- 169 197 221 12
Third 6 months----- 113 141 164 12
Fourth and any
succeding 6-month
periods------------- 56 84 108 12";
" Total salary cost reimbursable Allowable for administrative
under this section expense
$5,000 or less------------------- $630.
Over $5,000 but not exceeding
$10,000------------------------ $1,134.
Over $10,000 but not exceeding
$35,000------------------------- $1,134 for the first $10,000
plus $1,050 for each additional
$5,000 or fraction thereof.
Over $35,000 but not exceeding
$40,000--------------------------- $6,862.
Over $40,000 but not exceeding
$75,000--------------------------- $6,862 for the first $40,000
plus $908 for each additional
$5,000 or fraction thereof.
Over $75,000 but not exceeding
$80,000--------------------------- $13,608.
Over $80,000---------------------- $13,608 for the first $80,000
plus $793 for each additional
$5,000 or fraction thereof.";
Basin Act of Congress Amount
Alabama-Coosa River Basin March 2, 1945 $5,000,000
Arkansas River Basin June 28,1938 $1,000,000
Brazos River Basin September 3, 1954 14,000,000
Mississippi River and tributaries May 15,1928 22,000,000
Missouri River Basin June 28, 1938 59,000,000
North Branch, Susquehanna
River Basin July 3, 1958 32,000,000
Ohio River Basin June 22, 1936 18,000,000
San Joaquin River Basin December 22, 1944 61,000,000
South Plattle River Basin May 17, 1950 3,000,000